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Photo Tagging as a Privacy Problem?

An anonymous reader writes "The Harvard Law Review, a journal for legal scholarship, recently published a short piece on the privacy implications of online photo-tagging (pdf). The anonymously penned piece dourly concludes that 'privacy law, in its current form, is of no help to those unwillingly tagged.' Focusing on the privacy threat from newly emergent automatic facial recognition search engines', like Polar Rose but not Flickr or Facebook, the article states that 'for several reasons, existing privacy law is simply ill-suited for this new invasion.' The article suggests that Congress create a photo-tagging opt-out system, similar to what they did with telemarketing calls and the Do-Not-Call Registry." How would you enforce such a registry, though?

19 of 143 comments (clear)

  1. I was under the assumption by YouTookMyStapler · · Score: 5, Insightful

    that when you posted something, especially photos, on the internet it was no longer private.

    1. Re:I was under the assumption by adnonsense · · Score: 3, Insightful

      Unless of course someone else posted the photo without your permission.

    2. Re:I was under the assumption by OverlordQ · · Score: 2, Insightful

      If you're that worried about people seeing a picture of you, then don't leave your house. Personally, I don't see the BFD

      --
      Your hair look like poop, Bob! - Wanker.
    3. Re:I was under the assumption by aussie_a · · Score: 2, Insightful

      I DO mind, however, if a simple search for my real name can present the searcher with a look into my private life because some "friend" feels it necessary to catalogue the names of everyone in their photos. Be more careful with your friends then.
    4. Re:I was under the assumption by symbolic · · Score: 2, Insightful

      Frankly its people's own fault that they were too short sighted and too cheap to not take better precautions.

      Such as? Seriously - when this notion "you have no expectation of privacy if you're out in public," became commonly accepted, I doubt seriously they were able to foresee the development of the internet, and how completely inexpensive and painless it is to become both the one taking the pictures and the publisher. Publishing no longer takes place with the limitations imposed by traditional media, but is nearly cost-free, and can reach a world-wide audience.

      In the vast majority of cases, people have no choice but to be in public. We have a vast collection of shared resources that must be utilized to whatever extent necessary to carry out our day-to-day lives- that's the way our society works. I do not believe that the fact we must be in public to accomplish certain tasks automatically nullifies any right to be left the hell alone.

  2. Not so simple by ubernostrum · · Score: 2, Insightful

    Random other person X takes a picture of you. Maybe you were standing in a public place and didn't know your picture was being taken. Person X uploads the photo and tags it with your name. Other than spending your entire life outside of publicly-viewable physical locations and simultaneously ensuring that no-one knows your name (so that if they do manage to get a picture they don't know how to tag it), what sort of control do you have over that?

    1. Re:Not so simple by dteichman2 · · Score: 3, Insightful

      Outside of celebrities and political figures, whose lives are public anyway, the chances of a random person taking a photo of you and posting it on the internet tagged with your name are astronomical.

      Worst case, send the host a letter demanding the removal of your name from the image tag. State that it is a risk to your health and safety. Most people, not wanting to be at risk of criminal negligence, will comply.

      --


      Silence is golden... and duct tape is silver.
    2. Re:Not so simple by Qzukk · · Score: 2, Insightful

      and posting it on the internet tagged with your name are astronomical.

      Random person posting your picture on the internet, plus random someone else tagging said picture once its on the internet with your name is less so.

      Especially once you realize that we're no longer talking about people running around in public, but pictures taken at private parties and such where the people present are all likely to know each other, or know someone who knows the other's name.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  3. Well, here's a thought... by VE3OGG · · Score: 2, Insightful

    I am by no means trolling here, when I say that if someone doesn't want their picture floating around on the Internet, don't send it into the tubes. As far as I am concerned, once it has gotten there, the horse has left the barn.

    As for laws that would deal with some kind of do-not-tag list, that is just damned stupid. Yes, somehow, magically all of these photohosting sites are going to be able to use facial recognition and ensure that someone else's photo doesn't have you somewhere in it? Facial recognition, from what I am hearing, is coming along, but it is nowhere near "that ready".

    Personally, I am going out on a limb here, I see two options: one is that since most photos of people of teh interwebs is self-posted, simply have an option chosen at registration that says something to the effect of "do you wish other users to tag your photos?" and have a radial button beside yes/no. Or even a photo-level option, so that upon uploading and posting a photo it asks a similar question.

    My other idea is decidedly less kind to those who get their photo posted: don't let other people take your picture. yes folks, you don't really need your photo taken, and it can be done with out looking like a party pooper. Volunteer to take the picture.

    People have to start learning about technology, and the consequences of society's use of it. Imagine if people knew that posting that picture of them underage drinking at a high school bash on MySpace is going to get them in deep doo doo. Or that what they type can be used against them. Or that they shouldn't just post their personal details for all to see (including extra-marital affairs.... something I have seen several times) With action comes consequence... here endeth the lesson.

    Now, for those who might start pointing their fingers at me, saying that "they are talking about people who get caught on camera without knowing it, like the bikini-clad Stanford co-ed students on Google Earth and such!" To that, I would say, you can't see a single identifying feature about them. And if you did get a picture taken by Google Earth that could be used to identify you (and let us face it, that number would be small indeed), if you were outside, you really have no reasonable expectation of privacy in such a situation.

    Just my 2c...

  4. Sometimes... by evanbd · · Score: 4, Insightful

    Sometimes the right solution to a problem isn't a new law. I confess I'm not sure what the right solution is (it might be "ignore it," or it might not), but I don't think it's a new law...

  5. Too early to pass laws by iamacat · · Score: 3, Insightful

    We have a plenty of current privacy concerns to worry about - unwanted indexing of old postings, surveillance cameras, abuse of SSNs and credit card purchase histories. Let facial recognition software become useful before we legislate it, otherwise the law will likely be both incomplete and overreaching due to lack of experience. Certainly, there should be no restrictions on people indexing their private photo libraries without asking for anyone's permission.

  6. Re:"They may not like what they see." by Valacosa · · Score: 2, Insightful

    On the contrary, I think you put your finger on it very well.

    --
    "Live as if you'll die tomorrow." Ridiculous. You could die later today.
  7. Re:Simply put.. by Anonymous Coward · · Score: 4, Insightful

    You know, that Jack Skellington image you have up at http://dteichman.deviantart.com/ will probably get you into trouble. Disney is particularly lawyer-happy these days, and you seem to be in Orange County so you're also covered under California law. Hope none of the hundreds of thousands of people who look at this story feel like turning you in...

    But I'm sure you're covered by your domain's tech contact, "Angel of Hell, Satan satan@holyhell.net". (Admin contact at 1834 E Hallandale Beach Blvd, Hallandale Beach, FL 33009. Can't wait for the Google Street View.)

    From your blog: "We all have the freedom to do what ever we want, to think what ever we want, and be what ever we truly want to be. I feel that we need to exercise this privilege more often.... I think every person needs to either shut up or prove their point dead cold and if they can't they need to be enlightened on how stupid they are being. If you have something to say, say it then move on or try and prove your point, but don't drone on like a preacher about something not many people even really want to hear about. I am a strong believer in torture, rather than humane execution. This is the rule of The Red Death. Don't like it? FUCK YOU!"

    See ya later, Red Death. And remember, if you enjoy privacy, don't put your personal information on the internet. What's so hard about that?

    ps: If you wrote "Frankly i'm disapointed with my personal endurance psychological and physical over the past month and have gotten fed up and angry. Fuck you all in the pisshole with a sharpened and spiny knife", you may be a psychopathic time-bomb in waiting. Try not to kill anybody!

  8. Re:"remove tag" by Anonymous Coward · · Score: 1, Insightful

    And if that doesn't do it, there are privacy settings that can prevent anyone other than yourself or a specific group of people (friends/network/etc) from seeing the photos.

    Yes, but that doesn't help when you unknowingly end up in a photo that someone else took.

  9. I can stop my Website from being indexed by Anonymous Coward · · Score: 2, Insightful

    ...with robots.txt but not stop my face being indexed. Something's wrong here.

    To the other posters who say "don't post your pictures online": I never have; never will; never gave permission; yet e.g. Google image search shows several pictures of me posted by people who I've never met. It's briefly flattering when you first find yourself; but I wish the pictures weren't there.

  10. Re:"remove tag" by symbolic · · Score: 3, Insightful

    This is nasty. It's like junk mail. Never ceasing, always something you have to keep an eye out for, and something that ultimately, you have to resolve, day in and day out. I can see this being an even bigger problem - what if you have no involvement at all with any of these services, but others that you know, do- they tag a picture with your name, and you'd have no way of knowing.

  11. Re:Simply put.. by manekineko2 · · Score: 3, Insightful

    This is an extremely Slashdot reader type of reply. Modded up to boot. You see the world much too black & white, from a very engineering guy sorta perspective.

    If a company is not willing to overlook a simple drunken pirate situation you didn't want to work for them anyways? For most people this is not a mater of principle on which to draw the line in the sand. They just want to be able to keep their jobs. Maybe they really want to work at the company other than that, and they'd like to just keep their private lives separate from their work lives. Maybe they work in a profession (like teaching) where society as a whole is so conservative that this might be an issue of being able to get a job at all.

    This is far from being hypocritical, but simply having a difference between the way you act at work and the way you act at home, which is really just natural and proper. There is a time and place for formality and a time and place for fun. By damning those who act differently in front of their boss from when they're hanging out with their friends, you're damning about 99% of the population. Maybe you're not the type to go to parties, but for those who are, do you think they'd have as much fun if at every party they went their boss was always standing behind them watching what they do? Well having some guy you barely know post pictures of you from that party and intermingling your work and private lives isn't a ton of fun.

    What you're basically saying is that those with nothing to hide have nothing to fear. And the response to that is that everyone has something to hide, whether they want to admit it or not. I am sure even you can think of something that you did that there is somebody out there you would not want to see.

  12. Re:"remove tag" by TheSciBoy · · Score: 2, Insightful

    With that kind of friends, who needs enemies?

    I really hope my friends aren't stupid enough to put pictures of me on the Internet without asking me first. Never mind tagging them with my name. I would never put an image of another person on a public web without asking their permission first. It's just common sense.

    Then again, common sense is uncommon these days.

    --
    Badgers, we don't need no stinking badgers! - UHF
  13. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion