An op-ed on
CNN by Amy Adele Hasinoff seems to want Facebook to adopt a policy that before
any image of anyone can be posted, the subject must give permission. The article is “The Policy that the uS Porn Industry Has but that Facebook Needs”.
Theoretically,
all images in any photo would have to be tagged before they could be posted on
Facebook (or possibly any online place with user generated content). This would sound totally impractical: in a public
place, you don’t know everyone. And even
in a disco you probably don’t (although some bars prohibit photography). Or
does she mean only nude images?
Generally photography of people in totally public places is legal in the US now, for example here.
In Australia,
Facebook is experimenting with a program of automatic comparison with a digital
image library (a technique already used to identify child pornography known to
the NCMEC).
CNN has an important
story today on prior restraint of the press, with the background from Near v.
Minnesota (1931) leading to the New York Times and the Pentagon Papers (1971), by
Sonja West, here. In the Minnesota case, the muckraking publisher
(whose stories were actually true) was actually enjoined from publishing anything
until the Supreme Court, with some fortuitous luck, rescued it.
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