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Unfortunately, many consumers may not be aware of their photographic image being used in this fashion and even if they were, existing privacy laws fail to provide any substantive protections. For example, in response to these trends, the Harvard Law Review published an essay entitled, "In the Face of Danger: Facial Recognition and Privacy Law," with a majority of the article describing how "privacy law, in its current form, is of no help to those unwillingly tagged" (2007, para. 3). These issues have become even more salient because of the proliferation of social networking sites as discussed further below.
Privacy within social networking sites
Currently, there is a wide array of social media networks available, including social sharing sites such as YouTube and Flickr and social networks such as Linkedln and Facebook (Hensel & Deis, 2010). Others such as Spokeo and Twitter have become the virtual meeting places of choice for millions of users (Hensel & Deis, 2010). Expectations of privacy within these computer-media forums is challenged on two fronts: the consumer-generated material posted on the site and the personal information that is provided to the site in order to register and continue to use the site's various features (pers. obs.).
Laws for Internet Privacy Protection
Besides the Fourth Amendment, there are several other laws that directly address privacy protections on the Internet. According to some legal scholars, though, the current laws for Internet privacy protection, including the U.S.A. Patriot Act, the Electronic Communications Privacy Act and the Employees and Employers Internet Regulations are regarded as a "patchwork" approach that "fails to ensure across-the-board conformity...
247).
Conclusion
The Internet may only be a few years old, but the privacy concerns that its introduction has raised are as old as the United States itself. Indeed, one of the first things the Founding Fathers did in crafting the laws for the new country was to write a Bill of Rights that would cover unexpected changes in technology that would affect American's right to privacy, and even though they could not foresee the Internet, the Founders clearly envisioned a period in American history when the potential would exist. Finally, the research was consistent in showing that as more and more people use the Internet and wireless digital devices, more and more people are lining up to use their personal information in nefarious ways and consumers should recognize that personal information may be vulnerable as a result.
References
Bamberger, K.A. & Mulligan, D.K. (2011). Privacy on the books and on the ground. Stanford Law Review, 63(2), 247-249.
Brodkin, J. (2009, December 8). PCWorld. Retrieved from http://www.pcworld.com/article/
184029/Facebook_halts_beacon_gives_95m_to_settle_lawsuit.html.
Buchholz, R.A. & Rosenthal, S.B. (2006). Internet privacy: Individual rights and the common good. SAM Advanced Management Journal, 67(1), 34-36.
In the face of danger: Facial recognition and the limits of privacy law. (2007). Retrieved from Harvard Law Review: http://www.harvardlawreview.org/issues/120/may07/note_4397.php.
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