Or, posting random sections of UCC 1-103 1-308 on your profile doesn’t make a difference
Recently, I’ve seeing the following message popping up on my Facebook news feed:
PRIVACY NOTICE: Warning – any person and/or institution and/or Agent and/or Agency of any governmental structure including but not limited to the United States Federal Government also using or monitoring/using this website or any of its associated websites, you do NOT have my permission to utilize any of my profile information nor any of the content contained herein including, but not limited to my photos, and/or the comments made about my photos or any other “picture” art posted on my profile.
You are hereby notified that you are strictly prohibited from disclosing, copying, distributing, disseminating, or taking any other action against me with regard to this profile and the contents herein. The foregoing prohibitions also apply to your employee , agent , student or any personnel under your direction or control.
The contents of this profile are private and legally privileged and confidential information, and the violation of my personal privacy is punishable by law. UCC 1-103 1-308 ALL RIGHTS RESERVED WITHOUT PREJUDICE
TR;DL? Basically, it says that you (you being the government, corporations, people, or any of the other powers that be) don’t have the right to “utilize” my Facebook profile or any of the information I post. As well being prevented from utilizing, “you” can’t disclose, copy, distribute of disseminate any information that I post. (Most ironically, this post is being copied from profile to profile.)
First of all, let’s deal with the obvious: if you really want something to stay private, don’t post it to Facebook!
Now that that’s out of the way, what’s UCC 1-103 1-308 and does it actually give you any rights to prevent anyone from using the info that you post to Facebook? (I’m gonna go out on a limb here and say no. Just taking a wild guess…)
According to Wikipedia, obviously a super valid source (Don’t believe me? Check out this article from The Chronicle of Higher Education on the error rate of Wikipedia compared to that of the Encyclopedia Britannica), the Uniform Commercial Code was originally published in 1962, but has been updated since then, to harmonize business regulations between states to facilitate interstate commerce. (So, clearly, it was about Facebook. Those Congress members… so ahead of their time!)
Sections 103 and 108 of the UCC discuss contract law, but only in the most general sense. Section 103 basically says that contract laws are the law unless they’re superseded by the UCC and Section 108 says the UCC impacts the Electronic Signatures in Global and National Commerce Act which itself says that consumers’ electronic signatures can be considered valid signatures.
Clearly neither of these sections, nor the Electronic Signatures in Global and National Commerce Act, say anything (at all!) related to the claims made in the post. So, what gives?
So, here’s my advice. Don’t post it on your profile. To borrow from internet slang, it makes you look like a n00b. It’s Facebook’s world, we just post in it.
Questions of the day: Have you posted it on your profile? Have your friends? Does it bother you that you don’t own the copyright to the information that you post on Facebook? Enough to do anything about it?
Formerly MaggieCakes, Maggie (not Margaret) covers technology’s impact on culture, specifically on how we interact or connect with each other. Have a question or an idea you’d like me to write about? Leave a comment, or send me an e-mail: moc.teragramtoneiggam@eiggam