Introduction
Online communities are social networking websites that allow you to connect with people across the globe. There is protocol standard that all websites must use to make all their users’ personal information safe; these are called privacy settings. They are set to conceal private information such as email addresses, phone numbers, their real names and other information. Users can change the settings at any time to make their profile even more private or open. The virtual environment makes online communities an easy target place for cyber bullying and stalking. Bullies can direct unwanted attention to the unsuspecting victim, pose as a person they are not or even steal their identity without their knowledge and this is a contemporary issue that affects the community.

Should there be legislation to prescribe how Facebook is to protect their users by using affective privacy settings?

Legislation should be enacted to prescribe the way privacy settings are to function on Facebook to ensure that users are safe from cyber bulling, harassment, assault and deception.
Issues that have been raised over 12 months
Over the past 12 months, there have been some re-occurring attacks of people who use online communities. A majority of them are associated with the popular Facebook. Many predators sign up for online communities looking for vulnerable people and design a profile claiming to be someone they are not. The case of Nona Belomesoff’s was the start of this issue. Authorities were asked to investigate the sudden disappearance of 18 year old Miss Belomesoff when she was reported missing in NSW in May 2010. The parents of Miss Belomesoff told authorities that “she was offered what she thought was a dream job,” (Mitternacht, M. & Wood, A. The Age, 2010). Authorities found that Miss Belomesoff’s was a Facebook user and had recently started chatting to a young man who posed as an animal welfare worker with WIRES (Wildlife Information Rescue and Education Service Inc). Belomesoff’s death is a sincere warning for other users and proves that Facebook and other online communities are dangerous and users must always be vigilant and aware of whom they accept as friends. Authorities are pushing that parents should be more aware of what their children are doing on the internet to ensure the safety of their children. There are number of education programs in schools as well as public awareness trying to get parents to be more active in their children’s virtual life. Administrators of CyberSmart! encourage young internet users to be cyber smart. Their website www.cybersmart.org has online workshops helping parents and young people to become aware of the risks and dangers of using the internet.
In the Northern Territory, Cyber stalking is defined in the Criminal Code as “acts engaging in on at least two separate occasions that could be reasonably expected to arouse the victim’s apprehension or fear, with the offender intending to cause physical or mental harm, apprehension or fear.” (Arnold, B., Cyberstalking: Australia Law, 2005). A Case in Victoria shows that a man used his Facebook account to “threaten, bully and harass” his former partner. The executive arm of the law used “Facebook to serve an intervention order” against the man (Hunter, T., The Age, 2010). Authorities “were able to deliver justice in the same medium as the crime was committed” by posting a video starting the particular order prescribed by the State Court because authorities could not trace an address or a contact number. A case of August 2011 shows a Sydney primary school teacher framed on Facebook as a pedophile. Authorities are still investigating who created the profile designed to incriminate the suburban teacher. The “account” of the teacher, who cannot be named for legal reasons, was “portrayed… as a pedophile (to) make (him) lose his job.” Students commented on the profile calling him homosexual and that he “liked little boys” (Moses, A., “Evil Fiction: teacher target of fake Facebook profile” 2011). Parents of students alerted the authorities after their children had befriended their teacher on Facebook. The authorities contacted the teacher who stated in an interview that he believes that he was targeted because he is a “long-time campaigner against racism,” and that his family had been threatened and harassed “a few days ago” after the profile was created.
In a similar scenario, a young school boy’s identity was stolen when his Facebook account was hacked by a foreign entity and was being used to harass and bully other users. The boy, Oliver, found out about his hacked account and deactivated his account but the hacker opened another account using the same name and sent out “cruel jokes (and) …sexually explicit messages” in his name. Authorities are continuing the investigation and state that Oliver is one of the “half million Australian’s” to have their identity stolen and used against them. The Australian Office of Information Commissioner states that “a record-keeper who has possession or control of a record that contains personal information that was obtained for a particular purpose” cannot use the information for any other purpose than necessary. A poll on sodahead.com asks “Facebook reveals users’ email address: Do you feel safe on Facebook?” and there are currently 10 votes (as of 27/09/2011). Of all the voters, 56% have said they feel safe having my email address and other personal information on social networks where as the remaining 44% have argued no, they do not trust social networks with their email address and other personal information.
Figure 1. Facebook survey on whether or not users feel safe

Facebook’s Current Privacy Setting and Proposed Changes
Facebook has a default privacy setting that if automatically in action when an account is initiated. In early 2010, this default setting allowed ‘friends of friends’ to see personal information, images and posts on a user’s profile. As these incidents have occurred, Facebook has changed their default setting to ensure a more secure profile, letting no one see anything on their profile.
A proposed change for Facebook administrators is to push the age limit to a strict 18 or older. At the moment, the age limit is 13 and at this age, children are vulnerable and the target of bulling and abuse. Another proposition is to create a stronger privacy setting to ensure that no hacking, abuse and bullying can happen on Facebook. However, Australia cannot impose laws on something that is not Australian. Facebook was created and is currently based in the USA therefore Australia has no jurisdiction to prescribe laws on how Facebook is to protect their users. Australia can however, consult with Facebook creator Mark Zuckerberg and his advisors about Facebook Privacy Settings which purpose is to ensure that the privacy of users is strictly confidential. Facebook has the duty of care to its users because its privacy setting states that they make “important disclosure” when they “collect (and) use your content and information” (Facebook: Privacy Settings , Section 1). Facebook also declare that they will not “send or otherwise post unauthorised commercial communications” however Facebook also state that they “cannot guarantee it.” No case against Facebook has been tested in court.
Based on the finds, Facebook should reconsider the safety of their users as it is of high importance because their identity, reputation but more importantly their lives are at risk, as there are loop holes within the privacy settings that can be infiltrated by potential predators.

Bibliography

Facebook. (2011). Facebook. Retrieved September 27, 2011, from Privacy Settings: http://www.facebook.com/about/privacy
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Hunter, T. (2010, October 20th). Netbully Facebooked by Victoria Police. Retrieved 06 23, 2011, from The Age: http://www.theage.com.au/technology/technology-news/netbully-facebooked-by-victoria-police-20101020-16suk.html
Kinkade, L. (2011, September 21). Boy's Identity Stolen. Retrieved September 24, 2011, from Today Tonight - Seven News: http://au.news.yahoo.com/today-tonight/lifestyle/article/-/10312065/boys-identity-stolen
Mitternacht, M., & Wood, A. (2010, May 16). Teenage Found Dead After Meeting New Facebook Friend. Retrieved July 26, 2011, from The Age: http://www.theage.com.au/national/teenager-found-dead-after-meeting-new-facebook-friend-20100515-v5ix.html
Moses, A. (2011, April 5). Evil Fiction: teacher a target of fake Facebook profile. Retrieved July 26, 2011, from The Age: http://www.theage.com.au/technology/technology-news/evil-fiction-teacher-a-target-of-fake-facebook-profile-20110805-1iefm.html
S, K. (2007). Does Facebook Have An Age Limit? Retrieved September 23, 2011, from Yahoo! Answers: http://answers.yahoo.com/question/index?qid=20070819184042AAQy8S1
Unknown. (2011). Facebook Reveals User's Email Address. Retrieved September 26, 2011, from Sodahead: http://www.sodahead.com/living/facebook-reveals-users-emails-do-you-feel-safe-on-social-networks/question-941082/
Wood, A., & Browne, R. (2010, May 16th). Facebook Teen Killed. Retrieved 06 23, 2011, from Sydney Morning Herald: http://www.smh.com.au/nsw/facebook-teen-killed-20100515-v5da.html