Will The FTC Soon Investigate Whisper For Deceptive Privacy Promises?

Will the Federal Trade Commission soon investigate the app Whisper for false and misleading privacy promises?  The Guardian recently reported some very troubling allegations about Whisper that if true lead me to believe that the app may soon be contacted by the Federal Trade Commission to fully explain the matter.

According to The Guardian, Whisper "is tracking the location of its users, including some who have specifically asked not to be followed."  This may be a violation of Article 5 of the FTC Act regarding unfair and deceptive trade practices.  Earlier this year, the FTC alleged that Snapchat, "deceived consumers over the amount of personal data it collected and the security measures taken to protect that data from misuse and unauthorized disclosure....According to the FTC’s complaint, Snapchat made multiple misrepresentations to consumers about its product that stood in stark contrast to  how the app actually worked."

Whisper's actions after learning that The Guardian was about to publish its story are very disturbing.  For example, according to The Guardian, after learning about the upcoming story Whisper rewrote its terms of service to "explicitly permit the company to establish the broad location of people who have disabled the app’s geo-location feature."   In addition, The Guardian reported that Whisper recently changed its privacy policy from it “is committed to protecting your privacy and the security of personally identifying information” to “our goal is to provide you with a tool that allows you to express yourself while remaining anonymous to the community."

Whisper's terms of service and privacy policy govern its relationship with its users.  Whisper's response to The Guardian's allegations do not appear to address why its terms of service and privacy policy were changed.  Are these changes an acknowledgement that Whisper has been making unfair and deceptive privacy promises about its app?

Copyright 2014 by Shear Law, LLC.  All rights reserved.

Will Facebook's New Timeline Policy Assist Cyber bullies, Stalkers, and Murderers?

Facebook's recent decision to eliminate the ability for users to hide from a Timeline search may be a boon to Cyber bullies, stalkers, murders, etc.. who utilize Facebook to harm others.  As Forbes noted earlier this year, "the new tool will make Facebook stalking much easier".

Facebook's business model is basically, "we built an online hang out for you to you play in, so go play; however, everything you do in our playroom is subject to our rules and we may change them at anytime so we can better monetize your digital activities."  This philosophy is made crystal clear in Facebook's terms and conditions.

Facebook is currently being used by murderers, rapists, criminals, etc.. to commit unlawful acts.  For example, a model was killed last year after her stalker lured her to her death utilizing Facebook.  In 2010, a rapist used Facebook to create a fake profile so he stalk an ex-girlfriend.  Earlier this year, a murderer connected with his victim through Facebook to kidnap and kill a teenager.  

The bottom line is that Facebook should do more to protect its users' privacy.  This policy change may be perceived as one that does not protect the privacy of its users.  Perception becomes reality.  One simple way for users to perceive that Facebook still cares about its users' privacy is to enable users to be able to hide from a Timeline search.

While Facebook has generally been immune from defections due to its privacy policies could this be the tipping point that changes its users' perception about the social network?

Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.