Accepting Guest Blog Posts

I have accepted a position that will not allow me to write in 2016. However, I want to continue to provide information on cyber, intellectual property (IP), social media, security, privacy, and technology law and policy to you all.  So…. I am accepting  submissions from guest bloggers!

Please send me your best cyber, IP and tech law and policy posts. Many of this blog’s followers are entrepreneurs, technophiles, tech novices, bloggers, social media user and those intrigued by tech, so please cater your posts to that audience. Please send posts to thedigitalcounselor@gmail.com. I will notify you if your post is selected.

Thank you for your submission, in advance, and more importantly, THANK YOU FOR READING!

I hope the readers find previous posts and any information others are able to provide in my absence helpful! And I look forward to returning in 2017!!

Internet Updates March 2015

Three of the most popular social media platforms—Facebook, Twitter and Reddit—have recently amended their terms of use to state that they will remove digital images of nudes that have been posted without the subjects’ permission. “Twitter executives have said the company will lock the accounts of users who post content that violates their user policy,” Mashable reports. These policies are critical weapon in the war against revenge porn because they can be used to remove revenge porn photos before they have been widely disseminated.

The Digital Advertising Alliance (DAA) recently announced two new mechanisms that will allow consumers to manage ad preferences on their mobile devices. (Loeb & Loeb LLP summarized the new mechanisms in an Alert.) These new consumer opt-out tools, which are intended to complement the existing opt-out mechanisms that are part of the DAA’s self-regulatory program for online targeted advertising, complete the DAA’s self-regulatory program for the mobile environment and set the stage for the enforcement of the program, which is expected to begin this summer.

Twitter revamped its retweet feature on Monday, making it easier for users to plug other people’s tweets and add commentary of their own, according to Mashable.  This latest approach does not require copy-pasting instead you’re prompted to insert a remark before hitting the retweet button.

Twitter’s new harassment-reporting tool is making it easier for users to report threatening tweets to the police. Users who report threatening tweets now have the option of receiving an emailed report, summarizing the tweet, when it was sent and other information that may be relevant to law enforcement. It’s still up to individual users, however, to bring these reports to the attention of police and other officials. It’s not clear what, if any, impact this will have for police investigations. For more information read the rest of Mashable’s article.  This is part of Twitters overall initiative to protect users and address incidents quicker.

Internet Law & Security Updates

So much is happening online that it can be hard to keep up. I have compiled some of the most recent events in Social Media, Internet law & Cybersecurity. Know how these changes affect your privacy and other rights. If you have any questions leave them in the comments!

Social Media

Comments on social media considered and Facebook “Likes” enjoy federal protection. On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case No. 34-CA-012926, that an employer had violated federal labor law by terminating an employee who had “liked” a former co-worker’s negative comment about the employer posted on Facebook.  The Board also ruled that the employer violated the National Labor Relations Act (the “Act”) by firing another employee for posting an expletive-laced comment about the employer in response to the former co-worker’s comment, and it found that the employer’s “Internet/Blogging” policy banning “inappropriate discussions” regarding the company unlawfully chilled employees’ exercise of their right to engage in protected, concerted activity under the Act.

BYOD

Reimburse employees for wireless service. A recent California ruling that requires companies to reimburse employees for wireless serviceAlthough the case raised more questions than it answered about what level of reimbursement is required, it seems clear that companies will bear a larger portion of the cost of BYOD programs than they had previously borne.

Security 
According to the New York Times, when one adds the compromised records in Target, PF Chang’s, Neiman Marcus, Sally Beauty, Michaels, UPS and others, the number of affected customers amounts to more than one-third of the U.S. population.

Home Depot the latest victim of security breach. Krebs has reported that it appears that two large dumps of purloined credit card numbers have made an appearance on the black market and that those numbers may have originated at Home Depot locations. Krebs’ reporting is here. This latest incident raises yet another round of concerns about the malware known as “Backoff” and the potential widespread effect on retailers. Home Depot has been hit with a class action lawsuit stemming from a suspected data breach at the home improvement retailer 

Using your cellphone’s gps to stay ahead of fraudsters. In a new effort to use technology to foil credit-card fraud, a company called BillGuard is testing a system that would monitor the precise whereabouts of mobile devices to detect possible payment issues. The tech firm is tracking mobile-phone locations in an attempt to stay one step ahead of fraudsters. Because smartphones are almost always near their owners, the technology would register and flag those occasions when a phone is not near the owner’s credit card. The technology would only be used with the consumer’s consent.

Healthcare.gov Server Hacked.The Department of Health and Human Services disclosed on Sept. 4 that malware had been uploaded on the Obamacare test server back in July. HHS officials say the malware was designed to launch a distributed-denial-of-service attack against other websites when activated and not designed to exfiltrate personally identifiable information. No consumer data was exposed in the incident, officials say (see HealthCare.Gov Server Hacked).

Apple plans to add safeguards to help address security vulnerabilities exploited by celebrity-photo hackers. The proposed changes include alerting users – using both e-mails and push notifications to devices – every time someone:

  • Changes an account password;
  • Uses a new device to log into an account;
  • Restores an iCloud backup to a new device.

After receiving a related alert, the user can immediately change their account password, or file a report of a suspected security breach with Apple. The company has yet to detail how exactly it will respond to those reports.

Privacy

Magazines in Michigan cannot share your personal information. The Michigan’s Video Rental Privacy Act limits the ability of companies to disclose information regarding customers’ video rental activities. In a case filed by a consumer who alleged that a magazine company had improperly disclosed her personal information, along with information about the magazines to which she subscribed, the U.S. District Court for the Eastern District of Michigan recently held that the law does in fact apply to magazines. The court noted that the statute is directed to companies “engaged in the business of selling at retail, renting, or lending books or other written materials, sound recordings, or video recordings,” and that magazines constitute “other written materials.”

Internet Updates June 2014

There is so much going on in the Internet space that I have compiled some of the most interesting happenings of June. They all link to more info. Please read, enjoy and let me know if you want me to expand on anything!

Are threats made on social media protected free speech, or potentially criminal actsThe U.S. Supreme Court has agreed to examine the constitutionality of a federal law making it a crime to transmit communications containing “any threat to injure the person of another.” In this case, the “threats” were in a series of Facebook postings.

Be careful what you post on Facebook, you might get a ticket for it… A woman in a Chicago suburb received a $50 ticket in the mail alleging that she had used a dog park without a permit. The ticket was based entirely on a Facebook posting that the woman had made, and the police immediately rescinded it, saying  that they do not monitor social media in search of potential lawbreakers.

It might be a crime to friend your boss if you live in Arkansas! Arkansas legislators are considering changing a 2013 law after Facebook informs them that the law may have inadvertently made it a crime for a boss and an employee to become Facebook friends.

Snapchat may have competition. According to the Los Angeles Times, Facebook prematurely released, then withdrew, a new mobile app called Slingshot that is intended to compete with Snapchat and permit users to send each other photo and video messages.

Is Twitter in trouble? Twitter’s leadership was thrown into disarray on June 12 after Ali Rowghani resigned suddenly as the company’s chief operating officer amid a dispute with Chief Executive Dick Costolo. Twitter’s stock has fallen about 42 percent this year as concerns have arisen that the company is not signing up enough new users.

Should you make social media rules for your marriage? More and more couples are sitting down with their lawyers before marriage to discuss a social media clause in their prenuptial agreement – covering what they can and cannot say or post about each other. These agreements appear to be enforceable in court if they are specific enough.

The CIA is on Twitter! The CIA has entered the realm of social media, setting up a Twitter presence and a Facebook account. There one can find, among other things, reflections on intelligence history and fun facts from the CIA World Factbook.

Can’t ask for personal social media account logins in Louisiana! 
On May 23, Louisiana became the latest state to enact a law prohibiting employers and public and private educational institutions from requiring applicants, employees, and students to provide access to their personal online accounts.

Every company would be well advised scrutinize their marketing practices on an ongoing basis to ensure that they do not inadvertently expose the company to risks under the Lanham Act. Two US Supreme Court cases decided this term could result in a substantial increase in the number of Lanham Act claims brought under that statute alleging “unfair competition” resulting from product labeling and marketing practices that are alleged to be false or misleading.

  • Lexmark International, Inc. v. Static Control Components, Inc., No. 12-873, slip op. (March 25, 2014), in which the Supreme Court broadly construed the Lanham Act to permit lawsuits by all companies alleging injuries that were proximately caused by false or misleading advertising or promotion, even if the plaintiff was not a direct competitor of the defendant and suffered only “collateral damage.”
  • Pom Wonderful LLC v. Coca-Cola Co., No. 12–761, slip op.  (June 12, 2014), the Court’s second Lanham Act case of the term,  in which it eliminated a potential safe harbor from Lanham Act claims for companies in regulated industries who complied fully with applicable regulations regarding the labeling and marketing of their products.

Interested in being social anonymously? It is harder than you think… Recently a variety of “private” media platforms have emerged. For years, social media platforms have facilitated (or even, in many cases, required) us to use our real identities, with the aim of building friendships and networks in the online world. But these new social media apps (such as “Secret,” “Whisper,” “Yik Yak”) are designed specifically to enable users to share posts anonymously.

“Anonymous” doesn’t necessarily mean anonymous. Even if users are not required to provide any form of contact details to use an anonymous app, the app is very likely to collect certain information that will help identify the user (e.g., the unique digital ID of the user’s phone, location information, etc.). Therefore, it could be be fairly easy to trace a user if required (e.g., by subpoena/court order). Indeed Secret’s Terms of Service state, “We may share information about you … in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, regulation or legal process.”

For more updates visit: http://www.sociallyawareblog.com

Make Sure to Change Your Privacy Settings on Facebook…Again!

Tired of changing your privacy settings on Facebook? Well… Sorry!  You need to do it again…  If you do not want Facebook to track your browsing both on and off their site and track the apps you use, change your settings!

argyllfreepress.com
argyllfreepress.com
Today, Facebook announced that it would begin targeting advertisements to users based on the websites they visit and apps that they use. In a blog post, the company explained that users can opt out of the web browser-based tracking through an online ad industry program and can also opt out of the app-based tracking through their smartphones’ privacy controls.

If you have to see ads while using Facebook, they might as well cater to your specific needs and likes, right? It’s seemingly harmless and most people do not have anything to hide. However, this kind of customization is a double edge sword. On one side you have the benefit of a tailored experience while on the other hand your private searching is being consumed by entities like Facebook. A more specific and more troubling concern is that children as young as 13 will be monitored… Are your teens thinking about the ramifications of having Facebook watch their every movement? Congress is promising to monitor the implications of this new advertising system and so should you. Your privacy and the privacy of your family is important! 

Privacy is the price of convenience. Decide which one matters to you most.

Enforcing Trademarks on Social Media

As a trademark owner you have an obligation to “police” your trademark. What does that mean? You are responsible for finding and addressing infringement of your trademark rights. (Copyright holders have a similar obligation.)  A major part of policing or enforcing those rights is monitoring and addressing violations on social media.

Platform Content Removal Policies

Each social media platform has their own policies for removal of content whether trademarks or copyrighted work.  It is important to determine the appropriate method and provide all the necessary information to secure timely removal. Social media content changes very quickly so to be effective at protecting brand perception you must be swift and efficient about requesting content removal.

Use this infographic I created as a quick reference guide for Takedown Policy Requirements On Top Social Media Sites.

What Do I Take Down?

Not only is knowing the policy requirements important you need to determine when a post/content warrants removal. This is a strategic decision your company should make while engaging all necessary stakeholders including but not limited to management, legal and marketing/PR. Below are a few things to consider when determining when to take down a post:

  1. As an organization develop a policy for what types of brand use or content use are important to the company. Use that as a guide to addressing infringement.
  2. Embrace positive uses of your mark. There are positive uses that can promote your brand. Coca Cola illustrates a great example of embracing what could have been trademark infringement when two fans created a Facebook page for them.  Coca cola just dedicated a few members of their team to monitor the content.
  3. Know the social media platform rules and policies on content removal. See the infographic for some help but visit the policies on the platform.
  4. Figure out who is likely to comply with your request for content removal. It is usually easier to make a request through the platform. It can be hard to determine who posted content and their contact information. Additionally, it is unlikely that they will cooperate. Remember that the social media content provider is not likely liable for anything unless you can prove a partnership or joint ownership and control over the account.
  5. Reviews & other commentary about your brand, positive or negative, are allowed. Most social media sites will not take down content of this nature and this can cause backlash that will outweigh the potential benefit. This is a great opportunity to engage consumers and either address concerns or reinforce positive perceptions.
  6. Consider the public relations implications of requesting removal. Will attempting to remove the content cause backlash that will be more detrimental? There have been a number of instances of brands garnering greater negative media attention for trying to take something down justified or not. If infringer’s presence is significant enough to cause concern consider joining the conversation.
  7. Include all the requested information. Incomplete requests for content removal may cause unnecessary delays.
  8. Include trademark registration numbers for all jurisdictions. Some social media platforms will only block content in the applicable jurisdiction or country if you only provide proof of one registration. Provide all registrations so the social media platform is aware of the extent of your protection.
  9. List exactly where infringements are located on the site. Platforms are not required to search for infringements.
  10. Submit evidence of current use. This information only serves to strengthen your claim and is as easy as providing the url to your website.

Remember your objective when policing your mark is to make sure consumers will not be confused. Your trademark is your calling card, do not let anyone use it in a way that dilutes your reputation or capitalizes on the goodwill or value created in that trademark. If you do not have in-house legal counsel consult with an attorney to develop a comprehensive plan to address trademark infringement.

New gTLDs as a Branding Tool for Entrepreneurs

The launch of new gTLDs (generic top-level domains) provide an amazing opportunity for entrepreneurs and small to medium businesses to further brand their business in their domain name. A gTLD is the part of you domain after the “.”.  Having fun with you website domain can help you stand out as you market yourself and establish your brand. Emphasize your company’s mission, expertise, experience, niche, etc through the top-level domain you use. Also if your company name or other domain you sought to register is taken on .com there are new and exciting options! Don’t miss out on companyname.rocks or company name.consulting.

You can register these new top-level domains just like you register a “.com” domain head to goDaddy, Namecheap, Name.com or your favorite registrar. This is something your should consider early in establishing your company. You don’t want to lose out on the perfect domain name.

This is an opportunity to accent your personal brand as well. As you establish your expertise and want to develop a website that showcases your skills you no longer are limited to firstnamelastname.com you can register firstnamelastname.esq, firstnamelastname.photography, or firstnamelastname.guru.  Grab your new domains as soon as they roll out!

Over 175 new domains have been released or delegated to date, with hundreds more on the horizon. You can view the available domains by visiting this page: http://newgtlds.icann.org/en/program-status/delegated-strings . This page lists the delegated domains, which means they are available for registration. This site will be updated as others are available.

Take advantage of this branding opportunity before others catch on!!
Examples of some new gTLDs that can make for a creative domain name:

.guru
.consulting
.cooking
.ventures
.photography
.active 
.expert 
.coach
.lifestyle
.shopping
.bar 
.pub
.events
.buzz
.solutions
.careers
.company
.management
.enterprises
.technology
.holdings
.rocks
 
Visit my older posts for more information on this launch: What do you know about the new top level domains?Will You Be Confused When The New Generic Top Level Domains (gTLDs) Launch?​; &​ Five things you should know as the new gTLDs launch.  And as always ask questions in the comments and share your successes and observations re: new gTLDs!​
 

Do Not Track Me… But Cater to Me

We have all become accustomed to having our technology cater to most of our needs in very personal way. However, we all desire to retain a certain amount of privacy.  For example, our cellphones track our every move and click while occasionally make calls – and yet we would be lost without the maps and ability to request anything from “Siri.” Our cable boxes may bring our favorite shows and movies but they also report back to providers all of your family’s television viewing habits.  We all appreciate the convenience that customization provides however that means a loss of privacy….

Why Are We Worried?
The latest buzz word is the The Internet of Things (IoT). What is that? “The Internet of Things” refers to the concept that the Internet is no longer just a global network for people to communicate with one another using computers, but it is also a platform for devices to communicate electronically with the world around them. The result is a global “network of physical objects that contain embedded technology to communicate or interact with people, things, and the external environment. It includes everything from traffic sensors to refrigerators, thermostats, medical devices, and wristwatches that can track or sense the environment and use the data they collect to provide a benefit, or transmit the data to a central repository for analysis, or both.”

This network of objects enables providers of goods and services to use your personal behavior to profile and evaluate your activities and habits.  The Internet of Things will result in increased data collection, amplifying the importance of simplifying choices and giving control to individuals with real-time notices. Transparency will facilitate consumer understanding of the collection, use and sharing of personal data. However, there is a real danger of data being used in unexpected ways. The Internet of Things has created a potential perfect storm of four major information policy concerns: online safety, privacy, security, and intellectual property issues. The goal is to determine what “reasonable” expectations regarding data usage should be, and then manage consumer expectations accordingly. Measures ensuring the network’s resilience to attacks, data authentication, access control and client privacy need to be established.  An ideal framework would consider the underlying technology and involve collaboration on an international scale.

The need to balance reasonable activity on the Internet and use of The Internet of Things with responsible privacy protections is exponentially increasing. This balance is extremely important because the last thing we want is to stifle innovation by over legislating this area.

Laws to Watch
At least 14 states have proposed legislation on the 2014 docket that is intended to increase privacy protection for consumers and limit both government and private sector surveillance via the Internet of Things. At the federal level, several bills are already making their way through Congress.

State
AB370, an amendment to the California Online Privacy Protection Act of 2003 (“CalOPPA”). CalOPPA requires owners of commercial websites and online service providers (“operators”) to conspicuously post a privacy policy. The privacy policy must disclose to consumers, among other things, the categories of personally identifiable information (PII), such as name, hone address, email address, social security number,  the operator collects and with whom the operator shares such information. Operators affected by CalOPPA include website operators and, as interpreted by the California Office of Attorney General, operators of software and mobile apps that transmit and collect PII online.

Federal 
The Black Box Privacy Protection Act is a bill in front of Congress that prohibits the sale of automobiles equipped with event data recorders-unless the consumer can control the recording of information. Additionally, the data collected would belong to the vehicle owner.

The We are Watching You Act is a bill in front of Congress that requires the operator of a video service (such as a DVR or Xbox) to display the message “We are watching you” as part of the programming provided to the consumer prior to the device is collecting visual or auditory information from the viewing area. This is not likely to pass but its a sign of legislation to come.

The Federal Trade Commission (FTC) has this phenomenon on its radar, it hosted an all-day workshop entitled, “Internet of Things: Privacy and Security in a Connected World in November. The FTC has also released a number of reports and guidelines that direct business on how to protect consumer privacy.

International 
With Internet Governance on the forefront of international discussion, international “Internet of Things” legislation is not the priority and likely to be left up to each country to decipher. International collaboration on issues like this early is one out come I hope comes from these Internet Governance talks…. but we’re a long way out from that happening.

The examples listed are a narrow sampling of privacy legislation designed to protect users from unwanted intrusions. Most notably, states have passed a number of laws protecting privacy rights in recent years.

Conclusion
The Internet of Things will bring tremendous new benefits to consumers but we must balance the need for consumer privacy. State, federal and international regulators must work to restrict government and private-sector collection and control of the data IoT will create. In the meantime, make sure you are aware of the information you provide through your IoT. Explore privacy settings and read privacy policies if you are concerned about sharing too much data with providers. Know what your priorities are as it relates to customization and privacy. If you value convenience and do not mind a prying eye or two, if it means a personalized user experience, share your data freely. However, if you value preserving your privacy be proactive about doing so until lawmakers can find the appropriate balance. Do not shun technology just educate yourself.

Instant Message Banter or Contract Formation?

Contract formation tends to be misidentified as a tedious process with lots of drafts, exchanging paper and signing of a final deal. However, it’s not as formal as most people think. As a ruling by a federal court in Florida demonstrated you can make or modify a contract with a few words transmitted by instant message (IM).

Because a signed formal document isn’t essential for a legally effective contract parties must be cautious about exchanging promises and the discussions they engage in outside of formal negotiations. Only certain kinds of contracts need to be in writing. Other contracts can be formed orally or through a course of dealing or exchange of forms. Contract formation requires: one party to make an offer, the other party must accept the offer, and consideration (something of value, must be exchanged). That’s it! That combination of requirements can happen orally or in writing. Not to mention, that as technology evolves, the definition of a writing expands to include all forms of communication such as emails, text messages and instant messages.

iChat Crazy

In the case at hand, Smoking Everywhere Inc. sells electronic cigarettes. It contracted with CX Digital Media Inc., in August 2009, for Internet advertising, agreeing to pay $45 for each completed sale it obtained through CX Digital’s Internet ads, for up to 200 sales per day.

One month later, Smoking Everywhere’s vice president for advertising engaged in an instant message conversation, during the course of a full workday, with an account manager at CX Digital. Toward the end of the day, after discussing the testing of new ads and new URLs, these messages were passed back and forth, within a stream of IMs over a two-hour period:

Account manager: We can do 2000 orders/day by Friday if I have your blessing.
Advertising VP: NO LIMIT.
Account manager: awesome!
 

Following this dialog, CX Digital stopped using the 200 sales/day limit, and began making an average of 1,200 referrals per day. When CX Digital billed Smoking Everywhere for the higher volume, however, Smoking Everywhere refused to pay.

The court held that the IM exchange demonstrated the clear intent to remove the prior daily referral limits, and thereby modified the contract:

A close reading of the instant messages and careful consideration of the behavior of the parties during the conversation indicate clear assent on the part of both parties to stop sending traffic to the ‘old’ ecig link and to begin sending the traffic to the two new URLs.

This two-word contract change resulted in $1,235,655 in damages.

Bottom line: Be careful with all informal communications such as text message, instant message, tweets, Facebook comments, etc. You can easily form a binding contract through the course of conversation.

Written contracts are the currency of business dealings, and although many companies insert clauses that say contracts cannot be modified without a signed writing (signed by authorized representatives). Business representatives increasingly engage in informal communications, in the short time after their conversation, CX acted in reliance of the modification, and as a result Smoking Everywhere ended up in a binding agreement.

Both in your professional and personal life be careful every time you engage in an exchange of “promises.” The last thing you want to do is bind yourself or your employer to an agreement. Employees with positions that are easily perceived to have decision-making power should be especially careful. If you are discussing terms of an existing contract or a potential sale or service be very clear that you are not forming a contract and that you are merely negotiating potential terms.

Snapchat images may come back to haunt you!

Snapchat is a mobile phone application intended to allow users to send photos to their friends and limit the amount of time for which the photos can be viewed.  Once the allotted viewing time has elapsed, Snapchat is supposed to delete the photos entirely from the recipient’s device as well as from Snapchat’s servers so that it cannot be accessed again. Many users send images to protect their privacy while enjoying the ability to share an image with another for brief intervals. Usually the user places a high value on the claim of permanent deletion following the reveal of the image. Snapchat has even implemented mechanisms to let sends know if recipient’s take screenshots of the images.Snapchat currently reports that its users send 150 million “snaps” per day a sign of its rising popularity. The question is are your snapchats really deleted?

Way back when Snapchat was first launched, Buzzfeed discovered a loophole that allowed cached Snapchat videos to be rewatched on an iOS browser like iFunBox. In response, Snapchat founder Evan Spiegal told Buzzfeed, “The people who most enjoy using Snapchat are those who embrace the spirit and intent of the service. There will always be ways to reverse engineer technology products — but that spoils the fun!”

The Electronic Privacy Information Center (EPIC), a self-described public interest research center focusing on privacy issues and consumer advocacy, filed a complaint with the Federal Trade Commission (FTC) on May 16, alleging that Snapchat’s representations that its users’ photos “disappear forever” once viewed by a recipient are deceptive and likely to mislead consumers.  The complaint alleges violations of Section 5 of the Federal Trade Commission Act and requests the Commission to investigate.

The complaint alleges that Snapchat does not delete a file after its been viewed instead Snapchat adds “.nomedia” extension tot he end of the file name which renders the file unviewable. However, any tech-savvy user could alter the file name by removing the “.nomedia” extension and the files are again viewable.

Since launch, Snapchat has slowly but progressively admitted that the app isn’t actually as privacy-friendly and secure as it’s made out to be. In fact Snapchat recently published a point-by-point blog post going over how it stores and deletes Snapchat data, with the tender warning at the very bottom that says, “If you’ve ever tried to recover lost data after accidentally deleting a drive or maybe watched an episode of CSI, you might know that with the right forensic tools, it’s sometimes possible to retrieve data after it has been deleted. So … you know … keep that in mind before putting any state secrets in your selfies :)”

Snapchat’s policies do not describe this process and do not advise users that the files are recoverable.  Snapchat’s privacy policy does, however, state that “[a]lthough we attempt to delete image data as soon as possible after the message is received and opened by the recipient. . . we cannot guarantee that the message contents will be deleted in every case “  For example, the policy goes on to state, “users may take a picture of the message contents with another imaging device or capture a screenshot of the message contents on the device screen.”

 
The complaint alleges that Snapchat’s representations to users “that photos sent using its app would be deleted after a user-designated amount of time” are “likely to mislead the reasonable consumer” and that those representations are material.  In addition to asking the FTC to investigate Snapchat’s claims that users’ images are permanently deleted, the complaint asks that the FTC require Snapchat to make improvements to its security practices to successfully delete users’ photos and to cure any deceptive statements about its services.

What does all of this mean for you?

BE CAREFUL!  As I continue to stress when dealing with social media, your content never really goes away! Everything online lives on.  This app is not an exception, at least not yet.

However, there is a lot of skill and effort involved in retrieving these images it is not likely that most recipients will expend the time and energy necessary to recover old images. They are more likely to screenshot the image upon receipt.

Lets be honest, Snapchat is a common medium for sexting and sending other inappropriate content… If you have to send it via Snapchat, can the recipient really be trusted and even more is it worth finding out?