Technology & Litigation

I know that you are expecting witty and poignant analysis of some new and exciting aspect of technology and / or privacy litigation, but that's not really the point of this post.  Rather, the impetus of this concoction of literary excellence is a realization that I had regarding social media.  In the last two weeks I have experienced the following (all on a large social media site that shall remain nameless but that has a movie):  (1) received birthday announcements and pictures of my niece in Pennsylvania; (2) debated the existence of God with an atheist and his friends; (3) wished a bazillion people happy birthday; (4) and learned of the death of a high school classmate who I haven't seen in years, but died entirely too young.  When I sit back and think about these things, I come to the inevitable conclusion that social media works because it is, at its heart, social.  It fills a craving in our person to interact with others; to experience the highs and lows of each others lives and to connect on meaningful things, even for the briefest of instance.  If that aspect is removed, then the benefit of social media becomes nil. 

This raises to me the ultimate balancing act that permeates all technology and privacy litigation.  Namely, how much intrusion into our "social" is too much.  But really, that is the analysis with all legal issues.  When is the government too involved in our lives?  How far can an employer go to find out things about me?  How liable am I for shouting obscene things about my neighbor from the highest rooftop because they allowed their hibiscus tree to grow over my  yard?  Before there were technology legal counsel, there were just legal counsel.  And, they've been sorting these things out for centuries.  

But the point of this post is to urge temperance in the approach to social media.  As the world clambers to hitch the wagon of capitalism to social media and businesses cruise websites to find out if their employees are being good, we must remember that over-regulation and commercialization of something as inherently delicate and fickle as social media can stifle interaction to the point of removing the inherent characteristic that makes social media profitable.  Privacy litigation is necessary and will continue to promulgate (at least that's what I'm banking on), and it should because we are still applying 18th century laws to 21st century problems, but throughout this growing process, we must keep sight of what makes these technologies great and unique.