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Twitter sued for eavesdropping on Direct Messages

Twitter (Christopher_Flikr)

Privacy on social networking sites has always been a sensitive issue. Many websites allow users to customise settings according to their preferences and maintain privacy.

Twitter enables a person to send private messages via Direct Message. It uses URL link shorteners to convert the link to t.co format, which seems convenient given the 140-character limit for messages.

However, a proposed class action lawsuit filed this week in San Francisco federal court alleges that Twitter is using them in violation of the Electronic communications Privacy Act and California’s privacy law, reported by Hollywood Reporter.

The lawsuit is claiming that despite Twitter's assurances that users are allowed to "talk privately” among one another, "Twitter surreptitiously eavesdrops on its users’ private Direct Message communications. As soon as a user sends a Direct Message, Twitter intercepts, reads, and, at times, even alters the message."

Ryan Calo, law professor at University of Washington, told USA Today that the Twitter lawsuit will not succeed for two reasons: Either the judge will decide an algorithm changing links or scanning for keywords is no different than a spellcheck or other automated program that people don't object to or the plaintiffs will not be able to demonstrate harm that a court would remedy.

"What Twitter is doing is probably not legally actionable any more than Gmail scanning emails for advertising," Calo said.

However, he added that although it's not "legally actionable" when an algorithm, and not a person, scans messages, it does not mean that in certain circumstances an algorithm might not cause harm.

"It would be unwise to have a blanket rule," he said.

"We believe these claims are meritless and we intend to fight them," Twitter said in an emailed statement, USA Today reports.

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