This is a full draft of the paper on Twitter and privacy that I’ve been developing over the past few weeks, entitled ‘Who Gives a ‘Tweet’ About Privacy?’ It uses academic privacy literature to examine Twitter and the notion of reasonable expectations of privacy in public, and is written to help nuance privacy discussions surrounding the discourse occuring on Twitter (and, implicitly, similar social networking and blogging sites). The paper focuses on concepts of privacy and, as such, avoids deep empirical analyses of how the term ‘privacy’ is used by particular members of the social networking environment. Further, the paper avoids delving into the web of legal cases that could be drawn on to inform this discussion. Instead, it is theoretically oriented around the following questions:
- Do Twitter’s users have reasonable expectations to privacy when tweeting, even though these tweets are the rough equivalent of making statements in public?
- If Twitter’s user base should hold expectations to privacy, what might condition these expectations?
The paper ultimately suggests that Daniel Solove’s taxonomy of privacy, most recently articulated in Understanding Privacy, offers the best framework to respond to these question. Users of Twitter do have reasonable expectations to privacy, but such expectations are conditioned by juridical understandings of what is and is not reasonable. In light of this, I conclude by noting that Solove’s use of law to recognize norms is contestable. Thus, while privacy theorists may adopt his method (a focus on privacy problems to categorize types of privacy infractions), they might profitably condition how and why privacy norms are established – court rulings and dissenting opinions may not be the best foundation upon which to rest our privacy claims – by turning to non-legal understandings of norm development, degeneration, and mutation.