If you thought that only your friends/network could read your status updates, then you will soon be wrong!

It has been reported today that both MySpace and Facebook have signed a deal with Google which will allow its users` publicly available status updates to be fully searchable on the search engine. Google has a similar agreement with Twitter and it is reported that the new agreement with Facebook and MySpace will go live in a few days.

This is a very worrying development for MySpace and Facebook users who have had no say in this matter and will now have their status updates fully searchable and visible on Google to all and sundry if they have not changed their default privacy settings. Past research has shown that most Facebook users use default privacy settings (rather than higher ones) which means that their accounts are fully visible to the rest of Facebook users in their networks. This new deal will also mean now that their updates will be fully indexed and searchable via Google. Cyber Panda thinks that in the new few days, Facebook/MySpace users as well as privacy bodies will raise the alarm bell which will force the companies to either rethink this deal or provide more protection for users` data.

The first 'cyber-bullying' hearing in the US.

BBC New Technology has reported the start of the much awaited MySpace 'cyber-bullying' hearing in the US. The facts of the case are very much well known to all by now and have been covered by CyberPanda in earlier posts. The Defendant has been charged with conspiracy and unlawful access to protected computers under the Computer Fraud and Abuse Act. The act has traditionally been used to prosecute computers hackers. It has been applied in this instance as it is the only statute which deals , in the broadest sense, with the alleged acts of the Defendant.

The case presents a strong element of biais on the part of members of the jury as the facts of the case have been widely publicised in the media in the US and overseas. The element of prejudice will have to be carefully dealt with by the judge so as to ensure that members of the jury are aware of the nature of the charge in this case, namely unlawful access to protected computer rather than the charge of unlawful killing.

Beyond the element of biais (and the balancing act needed to deal with it), this hearing is a significant one as it is the first time that this statute has been applied to acts committed on social networking sites. The case also forms part of the series of cases which are emerging across the globe (e.g. the virtual killing of a life partner covered in an earlier post, which demonstrate that online acts in virtual communities do have an impact (even if only in the shape of a legal consequence) in the offline world.

The trial has been acknowledged as the first time the federal statute on accessing protected computers has been used in a social networking case.

Stretching the Computer, Fraud and Abuse Act to its limits.

A recent development has taken place in the case of United States of America v Lori Drew.

The factual matrix of the case has been widely publicised by the media around the world. In 2006, the Defendant allegedly created an account on the social networking site ,MySpace, under a male alias. She communicated with a 13 year old girl through that account on a regular basis. At some point during those communications, the Defendant, said hurtful things to the young girl. Shortly, after those communications, the young girl killed herself.

The Defendant in this case has been charged with infringement of the Computer Fraud and Abuse Act ('CFAA').The Prosection alleges that the use of a fictitious name, registration information and hurtful speech by the Defendant was in breach of the terms of service of MySpace. In particular, the Defendant has failed to provide truthful and accurate registration information, has used the information obtained from MySpace to 'harass, abuse, or harm other people', has solicited 'personal information' under 18s users, has promoted information that she knew was false or misleading, and has posted photographs of other people without their consent.

The case built by the Prosection has been heavily criticised by the EFF, in the United States, who has filed an amicus brief on Friday, arguing that the criminal charge for violation of the terms of service is a 'dramatic misapplication' of the CFAA with 'far-ranging consequences for American computer users.'

The aim of the CFAA is to sanction what are commonly known as computer hackers and it is, indeed, a stretch of legal interpretation as well as logic, to apply this act to the present case which concerns terms of use. It is, of course, undeniable that, if the Courts find that the Defendant`s actions have directly or indirectly led to the death of the young girl, then these actions need to receive an adequate penal sanction. However, stretching the current law so as to impose a criminal sanction under the CFAA for breach of the terms of use is not the right answer.