Data are owned by the generator. Only they can sell it etc…
This also solves the privacy problem of law enforcement agencies applying warrants to phone companies etc. for access to your data, which has been an end-run around 4th Amendment rights for decades.
Exactly. If a company wants to sell my data, they should have to make an explicit agreement with me to do that. If law enforcement wants data from my phone company, they should either produce a warrant or get my permission to release it. And so on.
If a company holds my data, they should be legally accountable for safeguarding it, and liable if it gets in the hands of someone I don’t have an agreement with. Banks do that with my money, I don’t see why social media companies should have any less expectation here.
And no, burying some form of consent in a TOS isn’t sufficient, it needs to be explicit and there needs to be a reasonable expectation that the customer understands the terms.
Better solution.
Data are owned by the generator. Only they can sell it etc…
This also solves the privacy problem of law enforcement agencies applying warrants to phone companies etc. for access to your data, which has been an end-run around 4th Amendment rights for decades.
Exactly. If a company wants to sell my data, they should have to make an explicit agreement with me to do that. If law enforcement wants data from my phone company, they should either produce a warrant or get my permission to release it. And so on.
If a company holds my data, they should be legally accountable for safeguarding it, and liable if it gets in the hands of someone I don’t have an agreement with. Banks do that with my money, I don’t see why social media companies should have any less expectation here.
And no, burying some form of consent in a TOS isn’t sufficient, it needs to be explicit and there needs to be a reasonable expectation that the customer understands the terms.