This is a short explanation of the key Facebook Terms of Service and cases where they have been breached and consequences of such breaches

4. Facebook current terms concerning copyright and ownership of content “ subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.” (Facebook TOS, 2009)

5. Scary? This looks like Facebook can do ANYTHING with your content (until you remove it). Facebook current terms concerning copyright and ownership of content “ subject to your privacy and application settings : you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.” (Facebook TOS, 2009)

6. Scary? This looks like Facebook can do ANYTHING with your content (until you remove it). ..and, any third party application can use anything you post online (unless you specify they can’t) Facebook current terms concerning copyright and ownership of content “ subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.” (Facebook TOS, 2009)

7. Case One: Man receives ad for an online dating company with a photo of his wife advertising the service.

8. They are happily married. What’s more Peter’s wife did not give her permission for her photo to be used, she didn’t even know about it. (Sullivan, 2009) Case One: Man receives ad for an online dating company with a photo of his wife advertising the service.

9. Facebook removed the ad immediately and said that it was a ‘third party network’ that perpetrated this. (Matthews, 2009)

10. Facebook spokesperson Barry Schnitt says: “ Your content belongs to you and the key is locking down your privacy and application settings within Facebook.”

11. Facebook spokesperson Barry Schnitt says: “ Your content belongs to you and the key is locking down your privacy and application settings within Facebook.” “ This makes it illegal for any third party to use anything you post, unless you have specified it in the application settings”. (Schnitt, 2009)

12. Facebook founder, Mark Zuckerberg says: “ The terms are worded this way so that Facebook can legally show that information to others (i.e. your friends)” (Zuckerberg 2009)

13. Facebook founder, Mark Zuckerberg says: “ The terms are worded this way so that Facebook can legally show that information to others (i.e. your friends)” (Zuckerberg 2009) The reality is that if your privacy and application settings are not set correctly, everyone and any application outside of Facebook’s control can use any content you post – as with the case of Peter’s wife’s photo.

14. Things to remember about content ownership and copyright: The Facebook terms of service are ambiguous regarding copyright.

15. Things to remember about content ownership and copyright: The Facebook terms of service are ambiguous regarding copyright. The default settings allow Facebook and users to access and use your content.

16. Things to remember about content ownership and copyright: The Facebook terms of service are ambiguous regarding copyright. The default settings allow Facebook and users to access and use your content. Change your privacy and application settings to the highest privacy settings available so that Facebook and third party applications can’t legally use your content for ads or anywhere else.

17. Things to remember about content ownership and copyright: The Facebook terms of service are ambiguous regarding copyright. The default settings allow Facebook and users to access and use your content. Change your privacy and application settings to the highest privacy settings available so that Facebook and third party applications can’t legally use your content for ads or anywhere else. Report any copyright breaches to Facebook

18. Things to remember about content ownership and copyright: The Facebook terms of service are ambiguous regarding copyright. The default settings allow Facebook and users to access and use your content. Change your privacy and application settings to the highest privacy settings available so that Facebook and third party applications can’t legally use your content for ads or anywhere else. Report any copyright breaches to Facebook and…… Be(a)ware and on the look out for any changes to Facebook TOS service that may affect content ownership and copyright.

19. Facebook current terms concerning privacy: You should have control over your personal information

20. Facebook current terms concerning privacy: You should have control over your personal information You should have access to the information others want to share (Facebook TOS, 2009)

21. Facebook current terms concerning privacy: You should have control over your personal information You should have access to the information others want to share (Facebook TOS, 2009) The reality… Most people don’t change their privacy settings, which is the one thing they have control over that can protect their privacy.

22. Thus: Most people “give an intimate portrait of themselves and their lives”. (Goettke and Christiana, 2007 )

23. Facebook current terms concerning privacy: “ you must give your real name and information ” (Facebook TOS, 2009) And crikey they’re serious about his too: Read on……

24. Case One: (USA) A User, whose internet nickname and blogging identity is Johncow (not his real name) has his Facebook account removed. ( www.johncow.com , 2007)

25. No amount of begging Facebook will get them to reinstate the account

26. Case Two: (USA) Jon Swift, who runs his blog under the pseudonym CitizenZiggy Esq. and had his Facebook account under the same name is banned by Facebook .(Bopa P, 2007)

27. Facebook reinstate him after a FB group “Let Jon Swift back on Facebook” is created and his friends unite to get him back him reinstated . (Facebook.com, 2009)

28. But look! I’ve heard of the second coming, but this is ridiculous! (Facebook.com, 2009)

29. Things to remember about privacy on Facebook: Lock yourself down with the privacy and application settings if you value your privacy (and content for that matter).

30. Things to remember about privacy on Facebook: Lock yourself down with the privacy and application settings if you value your privacy (and content for that matter). There are grey areas regarding privacy and especially the enforcement of the ‘real name’ policy, but be(a)ware that cyber bullies and predators thrive in an environment where they can be anonymous. (Patchin and Hinduja, 2006)

31. Things to remember about privacy on Facebook: Lock yourself down with the privacy and application settings if you value your privacy (and content for that matter). There are grey areas regarding privacy and especially the enforcement of the ‘real name’ policy, but be(a)ware that cyber bullies and predators thrive in an environment where they can be anonymous. (Patchin and Hinduja, 2006) If you don’t care about your privacy, don’t change your privacy settings, but be(a)ware of the pitfalls if you don’t change them.

32. Facebook current terms regarding behaviour and freedom of speech: You will not bully, intimidate, or harass any user.

33. Facebook current terms regarding behaviour and freedom of speech: You will not bully, intimidate, or harass any user. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.

34. Facebook current terms regarding behaviour and freedom of speech: You will not bully, intimidate, or harass any user. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission. (Facebook, 2009)

35. But does this stop it happening?

36. Of course not!!

37. Case One: (England) Kerry Harvey, 23, received unsolicited calls from "punters" who found her details, including her date of birth and mobile phone number, on the popular social networking site.

38. Case One: (England) Kerry Harvey, 23, received unsolicited calls from "punters" who found her details, including her date of birth and mobile phone number, on the popular social networking site. A profile she did not create.

39. Case One: (England) Kerry Harvey, 23, received unsolicited calls from "punters" who found her details, including her date of birth and mobile phone number, on the popular social networking site. A profile she did not create. She had no idea who stole her identity and this was never ascertained by Facebook, but Facebook removed the offending profile. (Martin, 2008)

40. Case Two: (England) Mathew Firsht sued a former school friend over a false FB personal profile that included private information about him and untrue allegations about his sexual orientation.

41. Case Two: (England) Mathew Firsht sued a former school friend over a false FB personal profile that included private information about him and untrue allegations about his sexual orientation. He took it to the High Court and won 22,000 pounds in damages. (Holden, 2008)

42. Case Three: (The Philippines, 2009) A celebrity doctor sued a lawyer who used Facebook to call for patients to boycott her, stating she botched operations. (Calimag, 2009)

43. Case Three: (The Philippines, 2009) A celebrity doctor sued a lawyer who used Facebook to call for patients to boycott her, stating she botched operations. (Calimag, 2009) There is no law on internet libel in the Philippines, so nothing was done by the courts or by Facebook (as yet).

44. Things to remember about behaviour and freedom of speech on Facebook : Be(a)ware that even though the terms say you can’t, people can and do use Facebook to slander others, create false profiles to intimidate and bully in an anonymous setting.

45. Things to remember about behaviour and freedom of speech on Facebook : Be(a)ware that even though the terms say you can’t, people can and do use Facebook to slander others, create false profiles to intimidate and bully in an anonymous setting. It would appear that local legislation depicts whether or not you have a legal course of action against such activities. Failing that, it is dependent on the discernment of the Facebook Team i.e. is the claim you make breaching the Terms of Service.

54. And be(a)ware of the Terms of Service and what you signed up for and how to protect your rights and information and….

55. And be(a)ware of the Terms of Service and what you signed up for and how to protect your rights and information and…. … the responsibility rests with you.

56. Bibliography Calimag, M. (2009, September 25). Philippines Court Hears 'Facebook Libel' Case. Retrieved October 13, 2009, from www.businessweek.com: http://www.businessweek.com/globalbiz/content/sep2009/gb20090925_532132.htm Cow, J. (2007, December 20). Banned from Facebook. Retrieved October 15, 2009, from www,johncow.com: http://www.johncow.com/banned-from-facebook/ Facebook.com (2009, February). Let Jon Swift back on Facebook. Retrieved October 15, 2009, from http://www.johncow.com/banned-from-facebook/ Popa, B, (2002, December) Facebook User Banned for Using Nickname Instead of Real Name. Retrieved October 15, 2009, from://news.softpedia.com/news/Facebook-User-Banned-For-Using-Nickname-Instead-Of-Real-Name-69834.shtml Facebook.com (n.d.). Search. Retrieved October 21, 2009, from Facebook: http://www.facebook.com/search/?init=srp&sfxp=&q=Jesus+Christ Goettke, R., & Christiana, J. (2007). Privacy and Online Social Networking Websites. Retrieved October 13, 2009, from http://www.eecs.harvard.edu/cs199r/fp/RichJoe.pdf Holden, M. (2008, July 24). uk.reuters.com. Retrieved October 16, 2009, from Businessman wins Facebook libel case: http://uk.reuters.com/article/idUKL2464239920080727 Martin, N. (2008, July 01). Woman branded prostitute in Facebook scam. Retrieved October 12, 2009, from www.telegraph.co.uk: http://www.telegraph.co.uk/news/uknews/2230058/Woman-branded-prostitute-in-Facebook-scam.html Patchin, J., & Hinduja, S. (2006). Bullies Move Beyond the Schoolyard. Youth Violence and Juvenile Justice (2), 4.

57. Bibliography Sullivan, B. (2009, July 28). Surprise! Wife's face used in Facebook singles ad. Retrieved October 16, 2009, from redtape.msnbc.com: http://redtape.msnbc.com/2009/07/hey-peter-the-ad-said-hot-singles-are-waiting-for-you-he-might-have-dismissed-the-advertisement-which-appeared-on-his-fa.html Nielsen, J. (1997, October 1). How Users Read on the Web. Retrieved October 24, 2009, from www.useit.com: http://www.useit.com/alertbox/9710a.html Zuckerberg, M. (2009, Feb 16). On Facebook, People Own and Control Their Information. Retrieved October 15, 2009, from Facebook.com: http://blog.facebook.com/blog.php?post=54434097130