Enter Snapchat, a mobile phone application that sends self-destructing messages. Communications can be disseminated “by the friends with whom share it, or even by Facebook at its discretion.” Indeed, Facebook recently sent its users notice of a pending class action which claims that “Facebook unlawfully used the names, profile pictures, photographs, likenesses, and identities of Facebook users in the United States to advertise or sell products and services. Yet a careful reading of Facebook’s privacy policy dispels any notion that information a person chooses to share will not be disclosed to anybody else-even if shared with only one friend. Such potential for misuse is particularly unsettling in light of the fact that three hundred million photos are uploaded to Facebook every day. A headshot of popular blogger Sara Pinnix was used “to promote an overseas Tarot card reader named Cristal.” And eighteen-year-old Arielle Goldfinch’s pictures were used on Tagged, a website “aimed at meeting people for sexual relationships.” Cheryl Smith was unknowingly made the face of a dating website. The usurpation of personal pictures posted on social media websites is not uncommon. Poltash, Snapchat and Sexting: A Snapshot of Baring Your Bare Essentials, 19 Rich.
