Technology Before You Turn Are 40 is Innovative , After You Turn 40 It's Shameful

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Abril, Patricia Sanchez.“(My)Space of One's Own: On Privacy and Online Social Networks, A”6 Nw. J. Tech. & Intell. Prop. 80 (2007-2008)

In Patricia Sanchez Abril’s article she examines the nature of social networking sites and their diverse memberships. Abril begins her article by defining what social networking sites are commonly used for as well as identifying the two main groups that use them. The typically younger users are identified as the “digital natives” as they typically have never been without the internet and other modern technologies. The other group Abril identifies is the “digital immigrants,” social network users who tend to be older and therefore have not been immersed in computer interfaces from a young age. The point of view of the article hinges on how Abril presents these two different groups, as it is not simply an age gap or computer fluency gap, but “fundamental conceptual differences regarding privacy.” Abril presents the “digital natives” as desiring the freedom to post personal information on the internet, while enjoying a healthy level of anonymity. Abril uses the analogy of how people in their cars, though in public view, don’t expect others to be watching them pick their teeth or talking to themselves. Abril then contrasts them with the “digital immigrants” and how they view privacy in a much different light. As the “digital immigrants” tend to be older they have as Abril writes, “(grown) up in a world where they had the luxury of control over their information.” The “digital immigrants” had the ability to have records altered through legal means and they also relied on the tendency of others to eventually forget. For the “digital immigrant” before the internet, their histories were not set in stone. These two competing views on privacy ultimately clash as the “digital native” expects to have anonymity, while the “digital immigrant” sees this as impossible as the indelible nature of the internet makes total anonymity appear impossible. The issue is made even more complex as it is the “digital immigrants” who have established the tort laws that are to protect one’s name. In the end Abril asserts that even though the total control that “digital immigrants” desire is not possible, social networking sites do aid “digital natives” as they form their identities.

If one were seeking to answer the question of whether social networking sites should be trusted with their user’s personal information Abril’s work would be an important tool because it contrasts two differing views on privacy. The piece would be useful to those who are relatively new to the issues surrounding social networking as well as intergenerational views on privacy on the internet. Abril builds her article around the two major groups that are concerned and explains why they view privacy in such vastly different ways. She also takes care to utilize plane language in describing a technologically complex subject and takes care to define terms that might be lost on a person that is unfamiliar with social networking sites. Abril also employs a number of colorful metaphors as well as pop culture references to communicate some of the more difficult concepts. Another important element that Abril included in the article was a discussion of tort privacy law. Nearly the second half of the article is concerned with the tort privacy law and Abril’s article lays out the four main forms tort privacy takes. The second half of the paper is a useful tool because Abril explains in (mostly) plane English the various responsibility’s Internet Service Providers and social network users have under the law. This inclusion is also important because it draws attention to is the practical limitations tort law has when it is applied to personal information that has been posted online. The article explains in an accessible manner the complex legal issues without bogging down the potential reader with impenetrable legal terminology. This approach also allows reader to grasp the gravity of information, photos, and videos that are posted on the internet. Also Abril is evenhanded in presenting the pros and cons associated with using an online social network such as MySpace without ever appearing to minimize or exaggerate the potential risks. Abril presents the evidence for both the “digital natives” and the “digital immigrants” perspectives, while still emphasizing the user’s personal responsibility and allows the reader to make their own informed choice.