can the FDA get us from facebook?

Meatball · May 14, 2009

I'm just about to finish my LOC labby. Seeing as it's a class IIIb laser, and technically illegal to operate, would it be a bad idea to post photos and videos of it on facebook where personal information is posted? I know it's different here since the FDA can't see what schools we go to, our addresses etc. while we're here on the forum. But is something like facebook too exposing? Can the FDA find me and my laser on facebook?

robjdixon · May 14, 2009

If it is labby then it is legal iirc. The law applies to handheld lasers

jwc · May 14, 2009

I'm pretty sure the FDA only steps in when you try to sell your products. The FDA isn't going to go after you for building a prototype that only you are going to use. It's not like building a bomb.

RA_pierce · May 14, 2009

robjdixon said:
If it is labby then it is legal iirc. The law applies to handheld lasers

I believe even lab lasers need to be certified. This discussion has been had too many times though.

Short answer:
If it is a DIY and you are not planning on selling it, you shouldn't have to worry.
I don't think the FDA will bother looking up kids on facebook to determine which of the millions of users are violating U.S. laser laws.

steve001 · May 15, 2009

Why do these questions keep coming up over and over. Sheesh. Here's the low down.
As far as hobbyists go the FDA nor the CDRH have jurisdiction over this hobby segment. This information is easily found on the FDA / CDRH websites

Meatball · May 15, 2009

sorry I inconvenienced you steve, this is what this part of the forum is for. I've read many of the previous posts about this similar thing, but all who answered just ended up arguing over it. I was looking for the facebook- specific answer. So in general, I COULD post photos and videos etc, but it wouldn't be impossible for the FDA to see what I have up there.. right?

i hate reading legal text. thanks for the input everyone!

steve001 · May 16, 2009

Meatball said:
sorry I inconvenienced you steve, this is what this part of the forum is for. I've read many of the previous posts about this similar thing, but all who answered just ended up arguing over it. I was looking for the facebook- specific answer. So in general, I COULD post photos and videos etc, but it wouldn't be impossible for the FDA to see what I have up there.. right?

i hate reading legal text. thanks for the input everyone!

but it wouldn't be impossible for the FDA to see what I have up there.. right?

Of course not. They could.
My dismay is do to the facts that you couldn't answer your own question. And the misinformed opinions expressed

i hate reading legal text.

Then you'll get nothing but uniformed and misinformed opinions which is what you got. And also why these topics pop up because people don't want to take the time to learn for themselves. The FDA and CDRH don't write documents in lawyer speak. It might take more than one read through, but the text is not beyond the comprehension level of any member here.

Tech_Junkie · May 17, 2009

steve001 said:
the text is not beyond the comprehension level of any member here.

Keep in mind you are talking to a member named "Meatball" with 15 posts to his name

Tech_Junkie · May 17, 2009

I wouldnt worry about it MB. If you are not selling it, no one is going to go out of their way to bust your chops. There are much bigger fish in the pond, like Matt LOL.

Deleted member 8382 · May 17, 2009

That's just like posting videos on youtube about you smoking joints. Nobody is gonna arrest you as long as you don't post a video of you saying you are selling weed. Just do not say you are selling lasers and nothing will happen.

GoRdOn_B · May 18, 2009

To tell you the truth... i don't think it would happen, but that doesn't mean it couldn't. i have been noticing the local faux news hyping face book as if it was the newest part of news corp of something. social networking sites especially facebook are being used more and more by government agency's to try and "get in touch" with the people. i dont think its going too far to say this if one of these agency's lackeys was facebooking or whatever on the job trying to do some PR and came across something that they thought was illegal, that you would be hearing from them. the government is going farther every day to tax and arrest people. it is a possibility. im sure it would go something like... "i busted some noob in facebook today self snitchin about his overpowered illegal laser... got muhself a raise" i don't think that's too far off from reallity.

Anyways here is an article from the Council on Foreign Relations about government agencys like the state dept using facebook and how good it can be for PR.

http://www.cfr.org/publication/19300/web_20_and_public_diplomacy.html?breadcrumb=/

Meatball · May 19, 2009

I suppose so... you're right about the government reaching farther to watch whats going on... I've heard that many employers are in fact using facebook and myspace to check out employment applicants. I might check the facebook terms and conditions of use or something to see if it says its possible.

dr-ebert · May 19, 2009

steve001 said:
i hate reading legal text.

Click to expand...

Then you'll get nothing but uniformed and misinformed opinions which is what you got.

Unfortunately the situation doesn't improve even if you love reading legal text. Defense lawyers and state attorneys use the same laws, nevertheless they usually come to opposing conclusions. And not by misfortune, the legal/judical system is designed to be ambiguous and open to interpretation by the lawyer caste - that keeps them in control and the money flowing.

dr-ebert · May 19, 2009

Re meatballs post:

The non-government employers probably use that much more than the government ones. Don't bother with the Facebook t's and c's - if you publish information about yourself, don't complain if it's being read.

Meatball · May 19, 2009

your probably right. If I don't want it to be seen, its best not to post it.

Benm · May 20, 2009

I am not sure what US law says about it, but looking from the european perspective, there should not be much to worry about, given some guidelines:

Constructing a laser of any power, and operating it in such a way that its output does not leave your own house or even soil, and does not threat any 3rd person, would not be illegal under any law.

This does however change when you point it outside into public (or someone elses privately held) spaces. At that point you would be endagering the public, which is a felonly in itself.

It is not the FDA that would pusue such matters though, as they only deal with goods in commercial traffic. The DA might be a different story, though i very much doubt a picture of a laser beam on facebook would make solid (or even valid) evidence in a criminal case.

can the FDA get us from facebook?

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