Are Facebook Posts Open to the Public by Default?

Posted on June 5th, 2012. Written by Rico.

A post that has been making the Facebook rounds claims that, since the social network is now a “publicly traded entity” (by virtue of its IPO), everything you share through the online service is now public domain.

Aside from making this claim, the post also provides boilerplate text that it says you should post at least once to provide yourself with some legal protection. The post in question:

Long read. Basically: “Unless you state otherwise, anyone can infringe on your right to privacy once you post on Facebook.” True or false?

For those of you who do not understand the reasoning behind this posting, Facebook is now a publicly traded entity. Unless you state otherwise, anyone can infringe on your right to privacy once you post to this site. It is recommended that you and other members post a similar notice as this, or you may copy and paste this version. If you do not post such a statement once, then you are indirectly allowing public use of items such as your photos and the information contained in your status updates.

PRIVACY NOTICE: Warning – any person and/or institution and/or Agent and/or Agency of any governmental structure including but not limited to the United States Federal Government also using or monitoring/using this website or any of its associated websites, you do NOT have my permission to utilize any of my profile information nor any of the content contained herein including, but not limited to my photos, and/or the comments made about my photos or any other “picture” art posted on my profile. You are hereby notified that you are strictly prohibited from disclosing, copying, distributing, disseminating, or taking any other action against me with regard to this profile and the contents herein. The foregoing prohibitions also apply to your employee, agent, student or any personnel under your direction or control. The contents of this profile are PRIVATE and legally privileged and confidential information, and the violation of my personal privacy is punishable by law. UCC 1-103 1-308 ALL RIGHTS RESERVED WITHOUT PREJUDICE

Regardless of the post’s accuracy from the legal standpoint, it seems formulated to deal with legal questions under US federal jurisdiction. What about Facebook users in the Philippines and in other countries? More importantly, when we use Facebook—with our personal profiles or through the official Technograph account—we already expect that what we post through the service is already public property of sorts. As far as we’re concerned, whatever you post on Facebook should never be considered private, and free for the public to view, comment on, and share.

Agree or disagree? Let us know what you think dear readers. Update: Snopes definitively says:

The bottom line is that before you can use Facebook, you must indicate your acceptance of that social network’s legal terms, which includes its privacy policy. You cannot alter your acceptance of that agreement, nor can you restrict the rights of entities who are not parties to that agreement, simply by posting a notice to your Facebook account or citing the Uniform Commercial Code (UCC).