WOODSIDE PARK — To leash or not to leash a dog. Residents debated it for days on the civic association’s listserv. But when a regional newspaper picked up the story — and the community’s online dialog — the debate became one of privacy.
According to a subsequent listserv thread, the newspaper reporter did not approach individual participants before republishing their words. Moreover, some listserv participants worried that a reporter in the mix would keep members from speaking candidly among neighbors.
But how much privacy should one expect in an online forum? That depends on whom you ask.
In United States vs Councilman, a federal appeals court ruled that privacy rules covered emails held in e-storage before reaching their intended recipients, which is how listservs operate.
However, the definition of privacy is not carved in Constitutional granite. Additionally, free services such as Yahoo Groups comb through email and listserv content for key words, which allow them to target their ads.
“Groups that want private listserv communications should have closed groups with approved membership,” Alan Bowser, a local lawyer who moderates a listserv for the Park Hills Civic Association, suggested.
In the case of Woodside Park’s listserv, moderators admitted they were aware of local reporters and bloggers with read-only access. It’s unclear whether other participants knew of the digital voyeurs. The listserv’s main page does not state a privacy policy.
However, breaches in perceived privacy often come from participants themselves, who can repost conversations from one listserv onto another. Many listservs also allow members to email posts to nonmembers.
“We do not have any rules on our listserv that the material within is proprietary,” Bowser said of the Park Hills listserv. “But upon reflection, it’s a good idea!”
Editor’s note: The Penguin contacted Urs Affolter, editor of the Woodside Park Civic Association’s newsletter, prior to writing this article. Affolter said the association had “no way to stop anyone from quoting the listserv.” — JD (Jan 16, 2008)
Image courtesy of FliepSieBieps.
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This exposes one of downsides of using email lists as a trusted tool of communication between neighbors. Privacy is a real issue when it comes to group emails.
I don’t see the problem here. If you want to run your own private list and moderate your membership, do so. But if you’re just allowing anyone to read, don’t be surprised to read your own words later on. I blog a bit, and it’s happened to me.
The Internet is not private by default, in other words.
OTOH, I’m glad to see that no one’s acting stupid and threatening legal action.
The courteous thing to do would have been for the reporter to request permission to reprint their quotes, or at least anonymize them, if he didn’t want to ask.
Still, the reality is that if you post on a public forum, you should realize that you pretty much give up any control over the content. Privacy Policy or not.
Internet forums as the 21rst century’s public square. If its public, it’s fair game.
There are only about 1.2 billion people on the Internet. Adjust your privacy expectations accordingly!
At the same time, quoting directly from a listserve might be expected in certain parts of the blogosphere, but is pretty lame for the Washington Post company. Maybe Michael Grass needs to go to Penguin school?