Posting to the Law Enforcement Database
October 28, 2016
The article titled Police Searches of Social Media Face Privacy Pushback on Underground Network discusses the revelations of an NPR article of the same name. While privacy laws are slow to catch up to the fast-paced changes in social media, law enforcement can use public data to track protesters (including retroactive tracking). The ACLU and social media networks are starting to push back against the notion that this is acceptable. The NPR article refers to the Twitter guidelines,
The guidelines bar search companies from allowing law enforcement agencies to use the data to “investigate, track or surveil Twitter’s users (…) in a manner that would require a subpoena, court order, or other valid legal process or that would otherwise have the potential to be inconsistent with our users’ reasonable expectations of privacy.” But that policy is very much open to interpretation, because police don’t usually need legal orders to search public social media…
Some police departments have acknowledged that fuzziness around privacy laws puts the onus on them to police their own officers. The Dunwoody, Georgia police department requires supervisor approval for social media searches. They explain that this is to prevent targeting “particular groups” of people. According to the article, how this issue unfolds is largely up to police departments and social media giants like Twitter and Facebook to decide. But social media has been around for over a decade. Where are the laws defining and protecting our privacy?