In a blog for Stanford's Center for Internet and Society, Omer Tene examines the implications of a Kentucky Court of Appeals case that determined permission is not necessary to post or "tag" photos of people online. In the case, a parent at risk of losing her child for the behavior depicted in photos on Facebook argued she had never given permission for the photos to be published or for her image to be tagged. The court's response, however, was the law does not require such permission. Amid discussion of privacy legislation in the U.S., Tene looks at how the ruling relates to such key issues as online tracking and the use of data by third parties.
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