Digital Privacy On Social Media
Do you ever wonder how much data is compiled by social media applications or what information they divulge to other companies and the government? In today’s society, social media is utilized for more than just connecting with friends and family. It is a platform that can be used for the exchange and sharing of information. For the user, it is utilized to keep in touch with others, secure news, research and even purchase items. For the company, the goal is to gather data to improve their application and to generate income. However, the collection of sensitive data can lead to Americans feeling confused with how the information is obtained, uncomfortable with what is being shared and questioning their civil rights. Ultimately, the United States digital privacy laws will have to be addressed by the Supreme Court in the near future.
Social media companies learn a significant amount of information about their users. They have the basic information that subscribers provide such as their name, address, birthdates, gender and location. The device being utilized provides them with IP addresses and information about the network. From the searches performed on the pages that are frequented, information can be gathered about one’s interests. What is written and posted provides them with additional information. Basically, the more interactions with the company’s application, the more they are able to improve the details of a user’s profile. Once they have tracked that information, they specifically target advertisements and content that they believe will interest the customer. As a result, they are compensated by selling the subscriber’s information to a variety of buyers. In the article, “What Do Social Media Companies Know About You?”, the author advises that, “You use the company’s social media service for free, and in return, they gain rights to gather specific information about you, which you consent to by agreeing to their terms of service.” Each company has their own user agreements that outline their specific terms of use and which must be agreed upon when signing up for their platform. Unfortunately, most members do not actually read the policies and are completely unaware as to what conditions they have agreed to.
Americans are uneasy with the data that is collected from their online activities. According to the article, “Americans And Privacy: Concerned, Confused And Feeling Lack Of Control Over Their Personal Information”, the research shows that, “81% of Americans feel that they have little to no control over the data collected by companies; 81% feel that the potential risks of the collected data about them outweighs the benefits; 79% are very or somewhat concerned about how the data is collected; and 59% have very little to no understanding about what is done with the data collected.” Specifically, the public feels that their physical location, social media posts and activity, texts or private online conversations, online purchases, websites and search terms are all items which are readily available to others. Many lack confidence that the personal information that they provide is safely protected by the companies and could result in a data breach such as identity fraud, credit card fraud or misuse of the information. Another concern is passive monitoring or censorship. Artificial intelligence is primarily responsible for the monitoring of accounts. Facebook, Instagram, Twitter and Tik Tok are examples of platforms where the information is vented and removed if it is deemed too violent, sexual or controversial. Even more disturbing is the notion of active monitoring because it has yet to be determined where one’s civil liberties start and end.
Americans can see the value of the digital sharing of information in certain situations. One example would be when the general public’s safety is at stake such as the case of a potential violent act like a school shooting or terrorism. Another example is DNA testing companies sharing their customer’s genetic information with law enforcement agencies to assist in criminal investigations. Other scenarios are a bit more controversial. The value of a platform monitoring their user’s posts for signs of depression or suicidal tendancies in order to alert therapists to reach out to them for counseling sessions, fitness applications notifying medical researchers or sharing audio information gained from smart speakers with government agencies are questionable usages of data sharing even if it is for the greater good.
Companies monitoring an individual’s online presence is unsettling but government agencies examining the data is particularly troubling to many Americans. In the article, “Your Social Media Is (Probably) Being Watched Right Now, Says New Surveillance Report”, the author states, “Social media is tilting dangerously toward illiberalism, exposing citizens to an unprecedented crackdown on their fundamental freedoms.” The Fourth Amendment and the Electronic Communications Privacy Act come into play, however, these laws were enacted prior to the digital age and have not been updated to address current situations. Of particular concern is that the government is able to secure sensitive information for money through data brokers. For example, the courts ruled in Carpenter v. United States that the government is required to secure a warrant for cell phone records that provided location information. Yet, they have found a legal loophole that allows them to secure such material. Any company whose application has geotracking abilities is permitted to sell their data to brokers, who in turn sell it to the government. Numerous federal agencies, such as the Drug Enforcement Administration, FBI, Homeland Security and the Defense Department, as well as state and local agencies, have benefited from seizing intelligence through this outlet. According to the article, “The Government Can’t Seize Your Digital Data. Except By Buying It”, it is alleged that, “Besides privacy red flags, this phenomenon raises civil rights concerns because when government officials don’t have to show probable cause of criminal activity - or provide any information at all to a judge - they’re much more likely to fall back on conscious or subconscious prejudices.”
It is apparent that Americans will have to fight for their Fourth Amendment rights. This can be compared to the book, 1984, “until they become conscious they will never rebel, and until after they have rebelled they can’t become conscious” (Orwell 74). Luckily, numerous senators agree and are presenting a bill, “The Fourth Amendment Is Not For Sale Act”, which aims to end the purchases of location data. It is probable that the Supreme Court will be ruling on this and other similar bills in upcoming sessions.
It is believed that a simple solution to obtaining digital privacy would be to just delete one's social media presence. However, the information never goes away and is preserved in the application’s database. Furthermore, algorithms can predict certain factors with 95% accuracy about a person just by who they associate with online. The article, “New Research Study Shows That Social Media Privacy Might Not Be Possible”, states that, “You can think of your friends as creating a ‘mirror image’ of yourself - all a company or government entity needs to do is figure out who a person’s friends are, and it is possible to predict how a person will act or behave.” Therefore, knowing your friends provides them with adequate information to determine a profile of a past user. Even avoiding joining social media is not an answer because the applications can create “shadow profiles” of non users simply by tagging or posting a picture of the individual.
In closing, it is understandable why society is confused and uncomfortable with the data that is being collected about them as well as who that information is being shared with or sold to. Social media and application companies have a responsibility to be more forthcoming with how the information they are gathering is being disseminated. The government's utilization of this intellectual property has the appearance of infringing on the freedoms of the American people. With our digital presence only increasing, the courts need to address these issues sooner rather than later.
Works Cited
Auxier, Brooke, et al. “Americans and Privacy: Concerned, Confused and Feeling Lack of Control over Their Personal Information.” Pew Research Center: Internet, Science & Tech, Pew Research Center, 17 Aug. 2020, https://www.pewresearch.org/internet/2019/11/15/americans-and-privacy-concerned-confused-and-feeling-lack-of-control-over-their-personal-information/.
Doffman, Zak. “Your Social Media Is (Probably) Being Watched Right Now, Says New Surveillance Report.” Forbes, Forbes Magazine, 10 Dec. 2021, https://www.forbes.com/sites/zakdoffman/2019/11/06/new-government-spy-report-your-social-media-is-probably-being-watched-right-now/.
Goitein, Elizabeth. “Perspective | the Government Can't Seize Your Digital Data. except by Buying It.” The Washington Post, WP Company, 27 Apr. 2021, https://www.washingtonpost.com/outlook/2021/04/26/constitution-digital-privacy-loopholes-purchases/.
Lily Saleh Oct 29, et al. “What Do Social Media Companies Know about You?” McAfee Blogs, 12 Nov. 2021, https://www.mcafee.com/blogs/consumer-cyber-awareness/what-do-social-media-companies-know-about-you/.
Orwell, George. 1984. Signet Classics, 1977.
read, Data PrivacyNews·5 min, and 2019 Nicole Lindsey·February 3. “New Research Study Shows That Social Media Privacy Might Not Be Possible.” CPO Magazine, 28 May 2019, https://www.cpomagazine.com/data-privacy/new-research-study-shows-that-social-media-privacy-might-not-be-possible/.