As MySpace gains national notoriety and media recognition, the social network has become less and less a lighthearted “anything goes” playground and more a liability demanding careful discretion. Don’t believe you can get sued for your MySpace activity? Recent national news begs to differ:
- Teen hackers were arrested in New York for attempting to steal personal information from MySpace’s servers in 2006.
- In March 2008, a Missouri woman was charged by Los Angeles persecutors with cyber-bullying after instigating a suicide.
- A Wisconsin teen was recently brought to court on charges of child pornography after posting nude photos of a 16-year old.
- Two firms were sued for $230 million for spamming on MySpace.
With so many legal actions flying, every MySpace user is well-advised to measure their actions carefully. While avoiding legal trouble seems like a no-brainer (i.e. don’t break the law) here are couple quick guidelines for those considering wading into murky territory:
- Read all the terms and conditions. They are readily available on MySpace’s front page and you agreed to them when you signed up. Taking a moment to read through them may serve you well in keeping your nose clean. Some highlights:
- Unless endorsed by MySpace, you can’t use your profile to sell any products.
- Don’t post anything copyrighted. In most cases, MySpace will simply remove the material, but if it comes to a lawsuit, the terms stipulate that you are ultimately responsible for what ends up on your MySpace layouts.
- Hate speech, bigotry, racial prejudice and obscenity are all barred from MySpace, just like in any other public forum.
- Rule of thumb: if it’s illegal somewhere else, its likely illegal on MySpace. If you couldn’t get away with it in public (posting nude photos, promoting criminal activities, soliciting drugs or sex) it’ll probably get you in trouble on MySpace.
- Don’t make any propositions, whether you intend to act upon them or not. In fact, don’t talk to anyone under 18 if you are over 18, if you can help it. Statutory rape and predatory solicitation is one of the most contentious issues on the Internet.
- Be careful with your music. Uploading copyrighted MP3s and videos can lead to litigation, depending on how uptight its owners are. In some cases, posting a cover version of a song that you recorded can be a copyright infringement.
- Don’t poke around too much. If you have to fiddle with code, use a program other than your browser, or exploit a “bug” or workaround to access something, its probably illegal, or at the very least, grounds for canceling your account.
While far from inclusive, these general guidelines should help keep you out of the courthouse. But for all web activities, your best bet is to use your common sense. If something you are doing seems dodgy, malicious, and ethically questionable or profane, you are almost certainly better off channeling your efforts towards something more positive.
