The World War II adage, "Loose Lips Sink Ships" applies to Social Media in the 21st century. It appears that Roger Avary, Co-Screenwriter of Pulp Fiction, either never heard of this slogan or never thought his tweets would lead to his incarceration.
Mr. Avary pleaded guilty earlier this year to vehicular manslaughter while intoxicated. Mr. Avary was purportedly driving more than 100 mph when he crashed his car last year. A passenger in his car was killed and his wife was injured in the crash. Even though he was sentenced to prison for his actions, it appears he was instead assigned to a work furlough program. L.A. Times Technology blogger, Mark Milian discovered Mr. Avary's Twitter account and his tweets so he investigated why Mr. Avary was able to tweet when he was scheduled to be in prison without cell phone access. It turned out that Mr. Avary was assigned to a work furlough program instead of prison. Mr. Milian blogged about Mr. Avary's tweets and within several days it appears that Mr. Avary was reassigned to jail.
The old adage "silence is golden" still applies in the age of social media. It appears that Mr. Avary would have been better off if he had kept his mistaken gift of freedom to himself.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Monday, November 30, 2009
Sunday, November 29, 2009
The EEOC May Punish Employers Or Insurers Who Review Applicants or Employees' Social Media Posts For Insurance or Personnel Decisions
The Genetic Information Nondiscrimination Act ("GINA") that went into effect on November 21, 2009, prohibits employers from utilizing genetic tests or considering an applicant or employee's genetic background in hiring, firing, or promotions. The main change from the law is that in general, it will prohibit health insurers and employers from asking employees to provide their family medical histories. GINA applies to companies who have more than 15 employees.
The U.S. Equal Employment Opportunity Commission is trying to determine how social media will fit into the law. GINA does not punish employers for obtaining information on workers from traditional or electronic media. However, with the explosion in the use of social media, the EEOC is worried that health insurers and employers will data mine an applicant or employee's social media accounts and utilize the information obtained to discriminate against them.
The easiest way for an applicant or employee to avoid any possible discrimination based upon their genetic background is to avoid discussing their personal or family medical issues on social media. I believe there are some things that better suited for a personal conversation or an email than a social media post. I would like to borrow from the the old Latin derived saying "Let the Buyer Beware" and coin the phrase "Let the Social Media Poster Beware."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The U.S. Equal Employment Opportunity Commission is trying to determine how social media will fit into the law. GINA does not punish employers for obtaining information on workers from traditional or electronic media. However, with the explosion in the use of social media, the EEOC is worried that health insurers and employers will data mine an applicant or employee's social media accounts and utilize the information obtained to discriminate against them.
The easiest way for an applicant or employee to avoid any possible discrimination based upon their genetic background is to avoid discussing their personal or family medical issues on social media. I believe there are some things that better suited for a personal conversation or an email than a social media post. I would like to borrow from the the old Latin derived saying "Let the Buyer Beware" and coin the phrase "Let the Social Media Poster Beware."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, November 22, 2009
Medical Insurance Policy Holder Claims Benefits Terminated After Facebook Posting
Social Media has become a double edged sword for the 21st century. Facebook, Twitter, Myspace, LinkedIn, etc... has made it so much easier for old friends to reconnect and professionals to network. However, let me emphasize again, beware of what you post on these websites, it might come back to haunt you. Take for example, the latest from our Northern American neighbor.
In Canada, a Manulife Insurance policy holder claims that her sick-leave benefits were terminated after several photos of herself appeared on Facebook. The policy holder was out on sick-leave due to depression and the photos that were posted on Facebook appear to show the policy holder having a good time at a Chippendales bar show. Whether or not that was a reason, or the only reason that Manulife terminated the policy holder's sick leave, the moral of the story is do not make any Social Media posts or link to any posts or photos that can ever be utilized against you.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
In Canada, a Manulife Insurance policy holder claims that her sick-leave benefits were terminated after several photos of herself appeared on Facebook. The policy holder was out on sick-leave due to depression and the photos that were posted on Facebook appear to show the policy holder having a good time at a Chippendales bar show. Whether or not that was a reason, or the only reason that Manulife terminated the policy holder's sick leave, the moral of the story is do not make any Social Media posts or link to any posts or photos that can ever be utilized against you.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, November 21, 2009
Tweeters Beware: Google Is Archiving All Tweets
Do you remember the scene from the movie Swingers where Jon Favreau's character Mikey makes multiple phone calls to a Nikki, a woman that he met earlier that night at the Dresden and embarrasses himself so thoroughly that she tells him to never call him again? Whether Mikey was "Drunk Dialing" or not, when the movie was made in 1996 there was not a chance of his actions being disseminated to the entire world.
Fast Forward to 2009. Now imagine if you start "Drunk Tweeting" or "Drunk Facebooking." Instead of only one person knowing about an episode in your life that you may want to forget, all Internet users may now be able to access this information because Google is now archiving all tweets. This may not only lead to future embarrassing situations, it will also drastically increase the cost of E-Discovery. As a take off from a saying that some have attributed to Mark Twain, "It is better to keep your tweets to a minimum and be thought a twit than to tweet all night and remove all doubt."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Fast Forward to 2009. Now imagine if you start "Drunk Tweeting" or "Drunk Facebooking." Instead of only one person knowing about an episode in your life that you may want to forget, all Internet users may now be able to access this information because Google is now archiving all tweets. This may not only lead to future embarrassing situations, it will also drastically increase the cost of E-Discovery. As a take off from a saying that some have attributed to Mark Twain, "It is better to keep your tweets to a minimum and be thought a twit than to tweet all night and remove all doubt."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 18, 2009
Courtney Love Is Being Sued For Her Tweets
Courtney Love is being sued by fashion designed Dawn Simorangkir after Ms.Love allegedly posted false and derogatory statements about Ms. Simorangkir on Twitter. According to CNN, Ms. Love made the alleged libelous statements after she had a disagreement with Ms. Simorangkir regarding the cost of Ms. Simorangkir's services.
The bottom line is that social media users should avoid posting content that may be considered libel. Insurance companies who provide Social Media Insurance or Social Networking Insurance for active Tweeters, Bloggers, and Facebookers would be wise to capitalize on the market's need for this type of insurance sooner rather than later. Social Media Insurance will one day be as common as an insurance rider for personal articles.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The bottom line is that social media users should avoid posting content that may be considered libel. Insurance companies who provide Social Media Insurance or Social Networking Insurance for active Tweeters, Bloggers, and Facebookers would be wise to capitalize on the market's need for this type of insurance sooner rather than later. Social Media Insurance will one day be as common as an insurance rider for personal articles.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, November 12, 2009
Facebook Acts As An Alibi For A Brooklyn, New York Teenager
Social Media is being used everyday by the police and prosecutors as evidence in court. Up until now, Social Media and Social Networking usage has been primarily used as evidence against defendants. However, in what may be the first highly publicized defense usuage, a Brooklyn, New York teenager was able to utilize Facebook as an alibi when he was accused of a crime.
According to the The New York Times, the teenager was incorrectly identified by a victim as a robbery suspect. Fortunately, the teenager was an active Facebook user and was on Facebook at his family's home computer at the same time that the alleged crime occurred. Due to the electronic evidence from the Facebook post, prosecutors dropped the charges and the teenager was freed from Riker's Island, one of the most dangerous prisons in the country.
Some skeptics may point out that someone else may have used the teenager's account to make the post to create an alibi. And others may state that a savvy techie can figure out a way to be in two places at once. That is always the possibility in any case. However, the bottom line is that Social Media is here to stay and police, prosecutors, judges, juries, and defense attorneys need to learn how to incorporate it into the U.S. Justice System.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
According to the The New York Times, the teenager was incorrectly identified by a victim as a robbery suspect. Fortunately, the teenager was an active Facebook user and was on Facebook at his family's home computer at the same time that the alleged crime occurred. Due to the electronic evidence from the Facebook post, prosecutors dropped the charges and the teenager was freed from Riker's Island, one of the most dangerous prisons in the country.
Some skeptics may point out that someone else may have used the teenager's account to make the post to create an alibi. And others may state that a savvy techie can figure out a way to be in two places at once. That is always the possibility in any case. However, the bottom line is that Social Media is here to stay and police, prosecutors, judges, juries, and defense attorneys need to learn how to incorporate it into the U.S. Justice System.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 11, 2009
Did Letterman's Alleged Blackmailer Register The "Screenplay?"
This morning The Today Show aired a piece on the alleged bribery of David Letterman by Robert Halderman. Halderman's attorney Gerald Shargel made an extremely novel and interesting argument. Mr. Shargel stated that Halderman was merely offering Letterman the first opportunity to buy a "screenplay" that included alleged damaging information about Letterman's private life. Halderman purportedly offered to sell Letterman the "screenplay" for $2,000,000.
Mr. Shargel's argument might be a winning one if some of the following questions were first answered: Did Halderman register his "screenplay" with the U.S. Copyright Office? How about the Writer's Guild? What type of social media promotion plan did Halderman have to promote his project if Letterman did not want to buy it? Was Halderman shopping his "screenplay" around to any other potential buyers?
It costs $35 to register a work online with the U.S. Copyright Office and at most $22 to register a work with the Writers Guild of America East. If Halderman registered his "screenplay" with either of these organizations his argument that he was merely offering Letterman a first crack at his work may be successful. However, if the "screenplay" was not registered, I do not believe that the argument his attorney mentioned this morning will be a winning one. If this purported screenplay had widespread commercial value Halderman would have taken the steps necessary to protect his intellectual property.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Mr. Shargel's argument might be a winning one if some of the following questions were first answered: Did Halderman register his "screenplay" with the U.S. Copyright Office? How about the Writer's Guild? What type of social media promotion plan did Halderman have to promote his project if Letterman did not want to buy it? Was Halderman shopping his "screenplay" around to any other potential buyers?
It costs $35 to register a work online with the U.S. Copyright Office and at most $22 to register a work with the Writers Guild of America East. If Halderman registered his "screenplay" with either of these organizations his argument that he was merely offering Letterman a first crack at his work may be successful. However, if the "screenplay" was not registered, I do not believe that the argument his attorney mentioned this morning will be a winning one. If this purported screenplay had widespread commercial value Halderman would have taken the steps necessary to protect his intellectual property.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, November 10, 2009
Sex, Sexting, Lies, Videotape, and Carrie Prejean
Carrie Prejean, the former Miss California who has been ostracized by many in the media since celebrity blogger Perez Hilton "outed" her as a woman whom many would consider does not have liberal opinions, has recently ended her legal fight with the Miss California Pageant. In many articles, it has been reported that Ms. Prejean ended the legal wrangling after the pageant obtained a purported sex tape that included Ms. Prejean.
According to Ms. Prejean's interview on The Today Show, the sex tape that has been in the media the past week is what would now be called a "sexting" tape. In The Today Show interview, Ms. Prejean stated that she was 17 years old when the tape was made, she is the only person in the tape, and she made the tape to send only to her boyfriend. In other words, not nearly as salacious as the press has hyped it to be.
This situation highlights that nobody can hide from their past. In general, I believe that almost everyone deserves a second chance because everyone makes mistakes. Unfortunately, Social Media and the Internet can destroy one's reputation almost instantly. It is important to understand your rights when you are being filmed and photographed, and when you are posting to the Internet. Even if you understand your rights, you must realize that once something is released onto the Internet, even if it is an unauthorized release, it can never be fully retrieved.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
According to Ms. Prejean's interview on The Today Show, the sex tape that has been in the media the past week is what would now be called a "sexting" tape. In The Today Show interview, Ms. Prejean stated that she was 17 years old when the tape was made, she is the only person in the tape, and she made the tape to send only to her boyfriend. In other words, not nearly as salacious as the press has hyped it to be.
This situation highlights that nobody can hide from their past. In general, I believe that almost everyone deserves a second chance because everyone makes mistakes. Unfortunately, Social Media and the Internet can destroy one's reputation almost instantly. It is important to understand your rights when you are being filmed and photographed, and when you are posting to the Internet. Even if you understand your rights, you must realize that once something is released onto the Internet, even if it is an unauthorized release, it can never be fully retrieved.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 4, 2009
Facebook Sued For Allegedly Violating the Video Privacy Protection Act
Social Media website Facebook was recently sued along with Blockbuster for breaking the Video Privacy Protection Act (USC Title 18 Section 2710) because Facebook was making some type of public notation every time a Texas woman was renting a video from Blockbuster. Apparently, Facebook and Blockbuster had or have some type of partnership that involves an information sharing agreement that allowed video rental information to be shared without the Facebook user's authorization or ability to opt out.
Facebook's information sharing problem was partly due to its Beacon Advertising System that is supposedly being discontinued. Beacon was initially designed as an opt out instead of an opt in system. Therefore, Facebook users needed to be extremely vigilant to keep their personal information private.
The proliferation of social media and social networking sites has made it difficult to keep one's personal details private. Unfortunately, unless there is some type of consumer backlash that forces Congress to pass strong legislation that sets an enforcement mechanism that includes stiff penalties, this type of information sharing will dramatically increase in the near future.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Facebook's information sharing problem was partly due to its Beacon Advertising System that is supposedly being discontinued. Beacon was initially designed as an opt out instead of an opt in system. Therefore, Facebook users needed to be extremely vigilant to keep their personal information private.
The proliferation of social media and social networking sites has made it difficult to keep one's personal details private. Unfortunately, unless there is some type of consumer backlash that forces Congress to pass strong legislation that sets an enforcement mechanism that includes stiff penalties, this type of information sharing will dramatically increase in the near future.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, November 1, 2009
Google Book Settlement Angers Chinese Authors
I have written extensively on this blog that the biggest beneficiary of the Google Book Settlement as it is currently configured is Google. Surprise. Surprise. Surprise. Did I just say that or was that my Gomer Pyle impression? Fortunately, the U.S. Deparment of Justice and the U.S. Copyright Office has strenuously objected to the settlement and the parties are back at the negotiating table. According to the New York Times, the current settlement may create some international difficulties for the U.S. because the proposed settlement may affect authors whose rights are protected under various international treaties. I am not surprised that international authors are against the proposed settlement. I am just a bit surprised that it has taken so long for the international community to become mobilized.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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