It seems simple. You take a picture of yourself on your phone, send it to a friend and after ten seconds of viewing...the photos disappear. Unfortunately it is not that simple. When using Snapchat we consider the photos we send to be private, are they truly? How can our use of Snapchat and related apps be reconciled with laws regarding online privacy? Or can they? Here's what Snapchat means to Cyber Law.
What kind of communication is Snapchat?
Most think of “snaps” as photos, though they can also contain messages. While certainly a form of electronic media communication, like a text message or email, the difference is that the image disappears from the phone after ten seconds. That is the only significant difference between a snap and a text message with a photo attached. So what is the stir all about? Most users take that time limit to mean their Snapchat images are private and would never think of sending those same images as text messages due to privacy concerns. Is that a reasonable expectation? How does the recipient only having access for 10 seconds constitute a greater degree of privacy?
Expectations of Privacy:
Originally Snapchat advertised the images as being private. This advertisement, later found to be false and misleading, created an unreasonable expectation of privacy by users. In fact the image does not simply disappear but remains on the company’s servers until permanently removed - much like how when you delete an email it remains in your trash can until you empty the trash can. However with Snapchat, users have no means of controlling when a particular “snap” is deleted. This remains true to this day. The result: the threat of Snapchat photos being leaked exists should Snapchat servers be breached.
The lesson: Snapchat messages are not as private as most people think. Setting aside the issue of a breach of Snapchat’s servers, how private and temporary is Snapchat message? What many users fail to recognize is that a recipient of Snapchat message can always take a snapshot of the message (the app detects when a snapshot is taken and notifies the sender but this can easily be circumvented) and share it with others. So much for the users intent to keep the message private.
User agreements:
When using Snapchat users have to accept an agreement that states the terms of use for the app. The agreement (on the Snapchat website) contains the statement that “You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Snapchat is not responsible or liable for any User Content or claims arising therefrom.”
The morale of the story? If you do not want your photo to be seen, do not post it on the web using any app - including Snapchat.
It is irrational to believe that information you put on the internet will remain one hundred percent secure or private. From bank account information to a photo of your dog on Facebook, information is at risk on the internet. Evaluate the degree of risk you are willing to accept before putting or accessing your information on the internet against the odds that a breach will occur. Unlike Snapchat, banks and other financial institutions, as an example, work to protect your data and do not attempt to pass all liability for breach onto you as a consumer.
If you value your privacy, the choices you make can minimize – or maximize - the chance of your privacy being violated. Posting private photos to an app used by millions of people and that places sole responsibility for content and breach onto the users minimizes your ability to maintaining your privacy.
For more information on online privacy and cybersecurity laws, contact the Goosmann Law Firm at info@goosmannlaw.com or call (712) 224-4000.
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