Comment by ElProlactin
7 hours ago
This person was not trespassing on Meta property and nothing indicates that he was harassing employees who refused to be interviewed. It is perfectly legal in the Netherlands to record people in public places.
You don't need someone's consent to record in public, and if any of the employees objected to the publication of the recording, they could consult with an attorney about a portrait rights claim. Such a claim should be adjudicated by a court, not Facebook.
And let's be clear about the context here: these types of glasses are used by "content creators" to do street interviews that are published online, and they're also used to record all sorts of junk/nonsense ("pranks", pickup artist BS, etc.).
Meta doesn't seem to have a problem with content recorded with these glasses being posted on its platforms, even when it's objectionable, because it's literally everywhere. The only problem here, obviously, was that he was recording Meta employees.
"these types of glasses are used by "content creators" to do street interviews that are published online"
This to me is wild. I use the glasses to film my kids and share it on private hard-drives with grandparents, that's it. It's wild to me that I can surreptitiously film someone on the street and publish it online for views, and the only recourse the person has, is to go to court? Seems insane.
Why does Hollywood require a release but Youtube does not?
EDIT: People are getting hung-up on my use case. But that's not the question posed here.
You might want to think twice about this. The videos from those glasses are uploaded and used for AI training, for which they are also reviewed by humans in Kenya, according to the explainer from Bits Of Freedom (with English subs, here: https://www.bitsoffreedom.nl/campagnes/gluurbril/)
Posted article has nothing on my data ending up in Kenya. If you mean it'll be used by Meta Analytics, that's an opt-in feature (easy Fines in California if they violate this)
I agree posting videos of people without their consent should be illegal, and I thought it was? Why does Hollywood require a release form but YouTube does not?
But that's regardless of whether it was filmed on Meta Glasses or a pocket camera.
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Not just their grandparents, the chances are that Meta is processing those videos you take of your kids too even when they say they aren't.
They've played fast and loose with copyrighted material for years, as shown in court records.
They company was founded on the principle of breaking privacy law, as highlighted in Zuckerberg's famous Dumb Fucks conversation.
Meta does what Meta can get away with and you really can't do anything about it without exceptionally deep pockets.
The publishing industry has more money than you do and they failed too.
Wasn't all that long ago people posted pictures of their kids on social media. Someone is going to watch your 12 year old in a swimsuit.
From my private hard-drive?
And unless Meta want's to pay me $1000's in fines (pretty sure my videos are worth less to them), sharing with Meta analytics is opt-in.
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Some auditors in the USA did that already. I was surprised to see that, since here in Europe, people have a much more negative view of Facebook's spyglasses. I think it is similar to getting money from Facebook directly, just as other "sports" people do product placement, such as for Red Bull (Dom Tomato; and many in the bboying scene). I find this annoying to no ends, but money convinces people. My problem is that I am not interested in ads and no "argument" can convince me otherwise. Since I am not interested in ads, I don't watch it and I don't buy from such companies. It places some restrictions onto me, since many companies advertise, in particular the big ones, but it also means I get to know smaller companies better. (Sometimes there is a de-facto monopoly, so I can not always avoid all companies and their ads; in particular for things you really need, such as food and so forth.)
> the only recourse the person has, is to go to court
Well, typically, if you are in public, you can do just about anything with regards to recording. In private the laws are a bit different. Either way it is a barrier.
FALSE! It's legal to record in public spaces and share it if you are not targeting any individual in particular. What the author did was instead purpusefully focus on those particular employees.
Author made the people he was recording unrecognizable. So even though he focused on specific employees he didn't violate their right to privacy which means it isn't illegal.
https://www.anp.nl/blog/305/privacywetgeving-mag-je-filmen-o... is a decent article(in Dutch) about some of the complexities of Dutch privacy law when it comes to filming people in public spaces.
Supposing the video has not been edited further, since the original was taken down, their voices were not censored and there are people in the video who were not in the background and who clearly didn't want to be filmed. I agree that the law has many intricacies, but here I think it's much more the case of their privacy being broken and their consent being ignored
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Highly dependent on jurisdiction.
Yelling "FALSE" doesn't make you correct.
You could use Google, ChatGPT, Claude, etc. to educate yourself about the law before you post.
Are you claiming I didn't inform myself? Can you provide some proof for this accusation?
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But we are talking about Meta removing content from their own website, right?
In contrast to what people think, Facebook IS NOT public infrastructure.
If Meta removes some content from Meta website, and you don't like that, it's a you problem, right?
> Facebook IS NOT public infrastructure
They want protection from liability and also editorial control?
Regardless of the legal status, it seems clear that when massive companies refuse to allow the media they own to publish a dissenting opinion, we’re not headed towards a ~~more~~ democratic society.
That's clear. But with using Facebook for public discourse, you flushed all ideas about democratic societies down the toilet. Democratic societies should have their public discourse in public places. Not in commercial walled gardens owned by some US maniacs.
If they want common carrier protections I actually think it should not up to meta to remove things they don’t like.
No problem with that as long as content responsibility is enlarged to all videos published on their platform.
Given all the sh*t that FB videos contain, I guess Meta's direction will soon be in jail.
They have to choose, safe harbor provisioning or responsibility for the content.
> portrait rights claim
Note that the employees were not recognisable; their faces were blurred out.
> is perfectly legal in the Netherlands to record people in public places.
it's perfectly legal to record but publish, especially in but not limited to a commercial context without explicit consent violates portrait rights under the GDPR in the EU. And I strongly suspect if you posted a video in which people explicitly object to being filmed and flag that on Facebook or other platforms it will get taken down.
It's illegal to record people in public spaces in Germany. Not sure how NL is important here, did I miss something?
It wasn't in Germany, and my understanding is that in Germany, the issue isn't the video, it's the recording of the audio conversation.
Anyway, still not applicable in the Netherlands.
In Germany it would also be about the video.
I cant just take a photo of a person or even car on the street and just share it online unless its clear the car or person is not the central point of the photo standing alone.
Only few exceptions on that
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> Roel Maalderink visited the company's Amsterdam office
That's not true in that simplified form.
It's perfectly fine to take pictures of the Brandenburger Tor for example and post them online. There will likely be people in that picture but as they are not the main aspect of the image, it will be fine.
It's something different if you zoom in on somebody in that scene and he becomes the main point of the image. Then his personal rights overwhelm the right to document public spaces.
> It's illegal to record people in public spaces in Germany.
That's wild. In Ireland, there's no expectation of privacy in a public place, so you can record without issue.
That would be the right thing. You want to film something, you don't use people passing by as a free extra and don't publish the details where and with whom they were going online. Is is just some American thing that they do not care about feelings of other people.
If you have any respect, don't film other people or at least blur them.
In Sweden for instance it's a bit in-between (unless the law has changed). You're allowed to film in public if you're using a non-stationary camera, but stationary cameras require a permit.
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Yeah, Germany is different here. I am not 100% sure, but in Germany it is allowed if you are not focusing on any particular individual person. It is difficult to argue in absolute terms, which is why most consider public photos forbidden completely (unless for private/personal, very narrow use). Nowadays, in Germany, it has helped me to consider everything forbidden, unless it is explicitly allowed somewhere.
It's because of history. That's why Germany also resisted Google Street View initially.
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