From the course: Ethics and Law in Data Analytics

IRAC application

From the course: Ethics and Law in Data Analytics

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IRAC application

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- In this video, we're going to go through an exercise, our exercise for module 2 in IRAC, which is a legal critical thinking exercise to help us understand how to spot legal issues, and work our way through to a conclusion. So if you remember, IRAC stands for issue, rule, application, and conclusion. We always start out with this story. This story from module 2 IRAC, is tied to the content that we've learned in module 2, about the law that's relevant to individuals, and identity, and privacy. So the story is about Facebook, which is a social media firm. And in this story, we learn that one of Facebook's advertising practices, which is called Sponsored Stories, has according to some of its members, taken pictures of the members and identified them, with particular advertisers, based on likes. So a group of 50 members, in this story, have identified that Facebook has taken their names, and their pictures, without their knowledge or consent, and used them for a Sponsored Story to promote advertisers that are in a contractual arrangement with Facebook. They claim they've suffered harm, and as a result of this harm, they want to sue Facebook. That's our underlying story. Now the issue here, or the legal question, is whether Facebook violated its members' rights to privacy, when it used member photographs to promote the Sponsored Stories advertisers. That's our legal question to consider. The rule here as we've learned in module 2, is about privacy torts. The privacy torts include the four distinct intentional torts. The one that's applicable here, is called appropriation of name or likeness. And it should sort of jump out at you, like when you hear that somebody has taken somebody else's identity, or an aspect of their identity, and used it to commercial advantage, you're going to think oh, that sounds like the appropriation tort. It happens when there has been a taking without permission, it's considered an invasion of privacy. So the tort defines invasion of privacy, as occurring when one party, without permission, takes an aspect of the person's identity, and uses it for commercial benefit. The harm recognized here is mental distress of the person whose identity was used, or damage to the value of that person's identity. Now in the application piece, this is really where a lot of the logic happens. You're going to take the rules that we've identified, and apply them to the facts of the case. The question here for you would be: how would you apply the privacy tort of appropriation of name or likeness, to the story of this case? The story of the 50 Facebook members, who had their pictures used in the Sponsored Stories advertisements. What conclusions would you reach if you were the judge deciding the case? This is a real case actually. And in this real case, it was in California state court, Facebook wanted to have the case dismissed, and I believe was arguing that there was no claim here for misappropriation, but ultimately, the company settled with the plaintiffs. And that means that we don't know what a court would have decided. The court was letting the case go forward, meaning they were recognizing that the plaintiffs, the 50 members should at least be heard in court. But at some point, Facebook just decided to settle with the plaintiffs, settled out of court. So we don't know entirely what that decision would have been, but you might for yourself reason, and think about. Do you think that this is a misappropriation of name or likeness, or do you think that the plaintiffs did not really have a claim against Facebook in this case? I'll leave that for you to decide.

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