While several privacy laws exist and are continually modified in the U.S., only certain classes of information are kept private by law. Most data is "fair game" for businesses and advertisers to buy and use. On social media, the Federal Trade Commission tends only to enforce the privacy policies that a social media site chooses to publicize. Social media sites with vaguer privacy policies have much more leeway when it comes to exposing user information (one notable exception is that social media sites cannot sell information to identity thieves). However, companies are legally obligated to notify their users of any security breaches that may leak personal information (2).
In the case of Facebook, Mark Zuckerberg is willing to accept added federal regulations on Facebook privacy. Previously, the Federal Trade Commission has, in an attempt to protect user privacy, made an agreement that obligates Facebook to safeguard user data and conduct a third-party audit every two years to make sure Facebook follows through with the agreement. However, Facebook has flexibility in deciding what is considered an audit and the Federal Trade Commission does not publicize audit information (3).
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Outside of social media companies themselves, several states, since 2012, have installed laws that prevent employers, colleges, and universities from requesting login info to their employees and students' social media accounts. Currently, there are 26 states that apply this rule to employers and 16 for educational institutions. While these laws do not pertain to social media sites collecting and selling information, they address another important legal matter of privacy that can, arguably, have more of an adverse effect on social media users (login requests by authority figures) (4).
A very notable exception to what seems like a lack of legal concern over social media is 18 U.S.C. § 875, a law that fines or imprisons social media messages indicating a threat or libel. This law has faced criticism for its ability to make convictions over "subjective intent" out of concern that seemingly harmless and non-serious proposals and text over social media can be punishable offenses. Even so, this legal concern seems to care about safety most and it does not pertain much to social media privacy (3).
For the most part, social media privacy has never been very strictly enforced. In the wake of Facebook's Cambridge Analytica scandal, the future holds stricter federal intervention in social media privacy.
Works Cited
1. Bernstein, Aaron P. Facebook CEO Mark Zuckerberg testifies before a joint Senate Judiciary and Commerce Committees hearing regarding the company’s use and protection of user data, on Capitol Hill in Washington. 10 Apr. 2018. US News, 10 Apr. 2018, Web.
2. Claypoole, Theodore F. "Privacy and Social Media." AmericanBar, American Bar Association, Jan. 2014, Web.
3. Jaffe, Seth. "Beware of the threatening tweet." SocialMediaLawBulletin, Norton Rose Fullbright LLP, 29 Apr. 2014,Web.
4. Ratnam, Gopal. "Facebook Case Highlights Possibility of New Privacy Laws." Rollcall, Economist Group Business, 29 Mar. 2018, Web.