Legal Questions About Facebook's Blocking Of Links To The Pirate Bay

from the is-that-legal? dept

Last month, the news broke that Facebook had started blocking any and all links to The Pirate Bay… including links in private messages between two users. Wired is now exploring whether or not Facebook has violated the law in censoring private communications between two people. While I find Facebook’s actions to be questionable, I can’t see how/why they’d be illegal. It’s just an automated filter. The EFF is suggesting it might violate wiretapping laws by “looking at” private messages, but if that’s true, any ISP-level spam filter probably faces the same legal questions.

That said, what is troubling is Facebook’s defense of the policy, claiming that it is allowed to do so, because under its terms of service, it says users cannot “disseminate spammy, illegal, threatening or harassing content.” But, as the Wired article shows, there’s plenty of legit content on The Pirate Bay as well. The reporter and his editor tried to send a link via private message to a public domain book on The Pirate Bay, and had it rejected, claiming that it was an abuse and the sender would be reported. While Facebook has a right to decide how it runs its service, it’s quite disappointing that it would outright declare any link to The Pirate Bay to be somehow illegal. That’s simply not true.

Filed Under: ,
Companies: facebook, the pirate bay

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Comments on “Legal Questions About Facebook's Blocking Of Links To The Pirate Bay”

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20 Comments
Anonymous Coward says:

as far as im concerned this is a non issue, you said it yourself “While Facebook has a right to decide how it runs its service[….]” any one not happy with that can:
1 complain to facebook.
2 not use facebook.

as far as filtering TPB urls thats like asking ISPs to police there network vs P2P.

Chronno S. Trigger says:

Re: Re:

It’s not that they are filtering the links, it’s the reason they give for it. They basically say that TPB is illegal and every single torrent on the site is also illegal. That’s said in the second to last sentence in this article (just goes to show that one should read and understand the entire thing before trying to shoot it down.)

Logo says:

How sad is it that linking to a site (pirate bay) that links to something (torrent tracker) that allows a user to get a piece of data (the actual file of the torrent) that may or may not be illegal is considered a objectionable act.

How many steps from a torrent do you have to be for it to no longer be objectionable to people?

JohnMc says:

Re:

The legality isn’t the issue, its Facebooks’s site and you are using it for free. There for the users don’t have a say in the matter. Weather TPB is illegal or not, hasn’t been truly established. Facebook has or should have the right to block access to any site they wish if you don’t like it don’t use it. There is too much BS about a free internet get grow up and face reality nothing is free. The providers need to maintain some control over there network, weather its blocking areas of the internet or controling the amount of users bandwidth.

crystalattice (profile) says:

I use torrents to distribute my book

I recently wrote an ebook about programming that I licensed under the GNU Free Document License. I currently distribute it via The Pirate Bay.

Anyone can download, read, modify, and anything else allowed by the GFDL. But according to Facebook, people who want to tell others about it and include the link are in violation of the terms of agreement. I could effectively say that Facebook is limiting the audience of my book, even though it’s a perfectly legal item to torrent.

I don’t like that.

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