Social Media & UCC 1-308 ‘Privacy Notice’

November 26, 2012

It’s one of those myths that just won’t go away – this nonsense that UCC-1 308 somehow can protect one’s privacy or copyright with regard to Facebook postings and other forms of social media.

When you create an account with Facebook, you have to agree to their terms and conditions which includes Facebook’s privacy terms. The implication that Facebook users can make up their own privacy conditions merely by posting a message on their profile is ridiculous.

Enough already …

Posting a ‘Notice Pursuant to UCC 1-308’ to ‘place Facebook, et al. on notice about your privacy rights’ does nothing more than take up real estate on your Facebook wall. The UCC deals with COMMERCIAL law (um, Uniform COMMERCIAL Code), it has bugger-all to do with social media.

Period.

End of Conversation.

Uniform Commercial Code:

§ 1-102. Scope of Article.

This article applies to a transaction to the extent that it is governed by another article of [the Uniform Commercial Code].

§ 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes and Policies: Applicability of Supplemental Principles of Law.

(a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: (1) to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions.

[emphasis added]

Although § 1-308 does deal with ‘Performance or Acceptance Under Reservation of Rights,’ it is limited to commercial transactions.

Posting to Facebook or other social media DOES NOT constitute a commercial transaction.

If you are that concerned about your rights, then change your privacy settings and self-monitor your posts. You need to hold yourselves accountable for what you post. It’s. just. that. simple.

To paraphrase the folks at thatsnonsense.com:

The Internet, and social networking sites like Facebook, are perfect platforms for spreading untruths, misinformation, rumor and propaganda. Thousands of inaccurate, exaggerated, deceptive or just plain false messages are circulated every single day…it is important that anyone who uses the Internet be able to identify false rumours and fully understand(s) the possible consequences of spreading false information.

See Snopes.com for more information.

Leave a Reply