Paper 2: Defamation Policy / Street View Privacy


Choose one of the following. Due: Wednesday, June 20, 2012


Defamation Policy

You and two friends, Alice and Bob, are starting a new website in which user comments figure prominently. Users comment on various products and also on the reviews and comments provided by other users. You anticipate that the majority of users will use their real names on the site, though pseudonyms are available.

Right now you've agreed to a policy allowing the deletion of profanity and obvious insults. However, you're having more trouble agreeing to a policy for dealing with defamatory comments that don't fit into the obvious profanity/insult categories. Alice has argued

We don't need to do anything; section 230 of the CDA clearly means we have no liability for what our users post, and thus no obligation to remove libelous content. Many other sites, such as youtube.com and aol.com, don't seem to remove such content. How would we determine if an allegedly defamatory post is in fact true? Would we have to post the other side's position? The bottom line is that we'd be censoring someone's post based on a complaint that may or may not be well founded.

Bob is not so sure; his position is that

We simply should not let defamatory content remain. At the very least, the possibility that they could be the victim of such an attack will discourage other users. We need to have a clear standard of behavior; this is about "takedown" and not about arguing the points of libel.The bottom line is that we cannot side with injustice, any more than we can side with harassment.

Your job is to propose a policy and then argue in support of it. If you leave something out of the policy, such as a way for users to complain that they have been unfairly depicted, be sure you explain why you don't think the feature is necessary. You should also make clear whether features of your policy are their to address legal risk to the site or are there to make users feel more comfortable.

You can take a legalistic approach, an ethical approach, or a combination. When making ethical arguments in a business context it is sometimes helpful to recognize that ethical behavior can be closely tied to a business's own long-term self-interest.


Privacy and Google Street View

Is there a privacy issue with Google Street View? Google argues that they are simply taking pictures in public places. But they have suddenly, in effect, photographed all public places.

Google does blur license plates and faces, although my impression is that facial blurring is fairly modest. Is this enough? Cars are usually identifiable, within the context of a small community or neighborhood, and often people are too.

Here are a few US objections to Street View:
Internationally, there are more issues. For example, in Denmark it is illegal to photograph people who are on private property, even if the photography is from the street. In some countries (Germany and Switzerland, perhaps more) Google has provided a manual "opt-out" feature, where you can request that your face or house be blurred.

Is there a serious privacy issue? If there is an issue, can it be successfully managed by some kind of opt-out policy? Is it time to reconsider the traditional legal idea that people can be photographed in public places without their consent? (What would be some drawbacks to such a changed legal climate?) Would it be practical to allow photography, but not publication?

If there is not an issue now, what would it take for one to emerge? How about if Street View pictures were updated weekly? If backyards were included? Do people just need to be more aware of the distinctive Street View photography vehicles?




Your paper (either topic) will be graded primarily on organization (that is, how you lay out your sequence of paragraphs), focus (that is, whether you stick to the topic), and the nature and completeness of your arguments.

It is essential that all material from other sources be enclosed in quotation marks (or set off as a block quote), and preferably with a citation to the original source as well.

Expected length: 3-5 pages (600+ words)