The New York Times has been around since 1851 and is regarded as the newspaper of record for the United States. Its reputation is second to none. In the Social Media Age the Gray Lady is still a premier destination for news.
This past week has proven that real world reputation still trumps Facebook Likes, LinkedIn shares, Tweets, etc... If The New York Times reports on something it matters and the world takes notice. For example, on December 25, 2011, the paper reported on a lawsuit that may provide some guidance regarding who owns a Twitter account and what is the value of Twitter follower. Within 24 hours after the article was published the story went viral and news organizations around the world reported on this matter. I appeared on Canada's CTV News Channel last night to discuss the case.
While some may argue that because of Twitter, LinkedIn, Facebook, etc... the story went viral, I disagree. The story went viral because the New York Times reported on it. The proof may be that it was reported online by a major business publication on November 14, 2011 and again on November 17, 2011. The articles were viewed cumulatively approximately 10,000 times online and shared approximately 1000 times via social media. Despite widespread viewing and social media sharing, this story did not go viral until it was covered by the The New York Times.
Reputation is not something that Klout, PeerIndex, etc....are able to accurately measure. Those who believe these companies can measure reputation remind me of the Emperor in the Hans Christian Anderson tale: The Emperor's New Clothes. The bottom line is that reputation is everything and not easily quantifiable.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, December 29, 2011
Wednesday, December 28, 2011
2011 Social Media Law Predictions Update Part I
On January 10, 2011, I made ten predictions for 2011 regarding social media and the law. Now it is time to evaluate my ability to read the tea leaves in social media and the law.
1) Employers will continue to grapple with where to draw the line regarding employee social media use. This prediction has come true. For example, the NLRB has dealt with multiple cases this year concerning social media usage by employees and is trying to balance an employee's First Amendment right versus an employer's ability to discipline.
2) More courts will address social media usage in their instructions to juries and there will be more e-discovery related social media matters. This prediction has come true. For example, California recently banned jurors from using social media to discuss their active cases.
3) The judicial system, bar associations, and bar counsels will work to find a common sense approach regarding how lawyers, judges, and clients may or may not interact with each other on social media. This predication has come true. For example, the San Diego County Bar Association wrote an opinion regarding social media and ethics.
4) Intellectual property law will be updated to better protect copyright owners. This prediction is in the process of coming true. As I am writing this post Congress is debating the Stop Online Piracy Act and several other similar pieces of legislation.
5) The Federal Election Commission and state election boards will update their rules to address social media usage by political candidates. This prediction has come true around the world. For example, Canadians now face strict social media rules prohibiting premature transmission of election results.
Four of my first five predictions have come true and it appears that after the Congressional recess my prediction that copyright owners will soon have more intellectual property protection may also be realized. I will be reviewing my second five predictions soon-so stay tuned.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
1) Employers will continue to grapple with where to draw the line regarding employee social media use. This prediction has come true. For example, the NLRB has dealt with multiple cases this year concerning social media usage by employees and is trying to balance an employee's First Amendment right versus an employer's ability to discipline.
2) More courts will address social media usage in their instructions to juries and there will be more e-discovery related social media matters. This prediction has come true. For example, California recently banned jurors from using social media to discuss their active cases.
3) The judicial system, bar associations, and bar counsels will work to find a common sense approach regarding how lawyers, judges, and clients may or may not interact with each other on social media. This predication has come true. For example, the San Diego County Bar Association wrote an opinion regarding social media and ethics.
4) Intellectual property law will be updated to better protect copyright owners. This prediction is in the process of coming true. As I am writing this post Congress is debating the Stop Online Piracy Act and several other similar pieces of legislation.
5) The Federal Election Commission and state election boards will update their rules to address social media usage by political candidates. This prediction has come true around the world. For example, Canadians now face strict social media rules prohibiting premature transmission of election results.
Four of my first five predictions have come true and it appears that after the Congressional recess my prediction that copyright owners will soon have more intellectual property protection may also be realized. I will be reviewing my second five predictions soon-so stay tuned.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Monday, December 26, 2011
Twitter Account Ownership and The Value Of A Twitter Follower
The New York Times recently covered a lawsuit regarding the ownership of a Twitter account and the value of a Twitter follower. These issues may not be novel in the social media space; however, they may be novel issues in a court of law.
The lawsuit is between PhoneDog and Noah Kravitz. Some of the facts appear to be in dispute. However, it appears that Noah Kravitz was tweeting on behalf of PhoneDog, amassed a significant number of Twitter followers, and is no longer associated with PhoneDog. Now PhoneDog wants to be compensated for lost Twitter followers.
I don't want to speculate on the actual ownership of the Twitter account because not all of the facts have been publicly aired. However, PhoneDog is claiming that each Twitter follower is worth $2.50 and according to Forbes PhoneDog is also claiming that Kravitz's twitter account is worth $42,500 per month.
PhoneDog's Twitter follower valuation claim and damage assessment is clearly erroneous and not supported by any facts. As George Orwell might say, some Twitter followers are more equal than others. For example, in August one of my posts was retweeted by someone who has a large number of Twitter followers and within an hour I received more than 100 retweets. Receiving retweets may increase interest in my blog; however, I didn't obtain any new clients who stated on their client intake form that I saw a tweet about my blog post, read my blog post because of the tweet, and then hired my law firm based on a tweet and/or my blog post.
Furthermore, Social Media Credential Fraud may distort the valuation of a Twitter follower. There are some self described social media strategists who are intentionally following tens of thousands, hundreds of thousands, or maybe millions of Twitter accounts in the hopes of getting a follow back and then misleading their clients into believing they have a large number of followers without the need to follow a large number of people in return.
The bottom line is that until the FTC cracks down on fraud in social media it may not be feasible to accurately value a Twitter follower.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The lawsuit is between PhoneDog and Noah Kravitz. Some of the facts appear to be in dispute. However, it appears that Noah Kravitz was tweeting on behalf of PhoneDog, amassed a significant number of Twitter followers, and is no longer associated with PhoneDog. Now PhoneDog wants to be compensated for lost Twitter followers.
I don't want to speculate on the actual ownership of the Twitter account because not all of the facts have been publicly aired. However, PhoneDog is claiming that each Twitter follower is worth $2.50 and according to Forbes PhoneDog is also claiming that Kravitz's twitter account is worth $42,500 per month.
PhoneDog's Twitter follower valuation claim and damage assessment is clearly erroneous and not supported by any facts. As George Orwell might say, some Twitter followers are more equal than others. For example, in August one of my posts was retweeted by someone who has a large number of Twitter followers and within an hour I received more than 100 retweets. Receiving retweets may increase interest in my blog; however, I didn't obtain any new clients who stated on their client intake form that I saw a tweet about my blog post, read my blog post because of the tweet, and then hired my law firm based on a tweet and/or my blog post.
Furthermore, Social Media Credential Fraud may distort the valuation of a Twitter follower. There are some self described social media strategists who are intentionally following tens of thousands, hundreds of thousands, or maybe millions of Twitter accounts in the hopes of getting a follow back and then misleading their clients into believing they have a large number of followers without the need to follow a large number of people in return.
The bottom line is that until the FTC cracks down on fraud in social media it may not be feasible to accurately value a Twitter follower.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, December 24, 2011
Will the Russian Winter Turn Into An Arab Spring?
Will the Russian Winter turn into an Arab Spring? In 1991, the world watched as the Soviet Union disappeared after a failed coup to overthrow President Mikhail Gorbachev. During the past month, the world has been wondering if Russia is in the middle of another government upheaval that may change the course of history. It is too soon to determine whether Vladimir Putin and Dimitry Medvedev will continue to hold their country's top two leadership positions; however, I predict that they will not lead as long as they had anticipated.
On February 11, 2011, I discussed some of the underlying reasons why Egypt's President Mubarak was forced from power. I stated: "[i]t was a combination of Mubarak's dictatorial rule, routine police brutality, a suspended constitution, and poor living conditions for the average Egyptian that fueled the revolution. However, social media platforms and technologies such as Twitter, Facebook, YouTube, and texting enabled the Egyptian people to political crowdsource and communicate with each other to discuss their unhappiness with Mubarak's 30 year reign and to coordinate a strategy to try to create change."
Russia has some of the same problems that plagued Egypt. Former President Putin and current President Medvedev are seen as dictators, there is rampant police brutality and political corruption, recent constitutional changes that have benefited Putin and Medvedev, and major economic challenges. These issues plus social media missteps by Medvedev and Putin have fueled anger that may foment change. According to published reports, Medvedev/Putin may have also utilized the Russian secret police to try to block protestors from using social media. This is the same tactic that Egypt's Mubarak tried and it failed miserably.
The international community first noticed that the Russian people may have finally grown weary of Putin's stranglehold over the Russian government in late November during a mixed martial arts fight between Russia's Fedor Emelianenko and America's Jeff "The Snowman" Monson. After the fight Putin stepped into the ring to congratulate the winner and the crowd booed Putin. According to the BBC, the scene was uploaded to YouTube and subsequently viewed more than 2.5 million times.
In Russia, booing Putin during a public event was seen as a major signal that there may be underlying problems with his iron grip on the country. Subsequently, during the recent election there were numerous allegations that Putin's party may have participated in electoral fraud. Widespread anger and protests against Putin are increasing daily and instead of properly addressing the concerns of the Russian people Putin is generally ignoring them and acting as a Czar. Therefore, I would not be surprised if the Russian Winter turns into an Arab Spring.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
On February 11, 2011, I discussed some of the underlying reasons why Egypt's President Mubarak was forced from power. I stated: "[i]t was a combination of Mubarak's dictatorial rule, routine police brutality, a suspended constitution, and poor living conditions for the average Egyptian that fueled the revolution. However, social media platforms and technologies such as Twitter, Facebook, YouTube, and texting enabled the Egyptian people to political crowdsource and communicate with each other to discuss their unhappiness with Mubarak's 30 year reign and to coordinate a strategy to try to create change."
Russia has some of the same problems that plagued Egypt. Former President Putin and current President Medvedev are seen as dictators, there is rampant police brutality and political corruption, recent constitutional changes that have benefited Putin and Medvedev, and major economic challenges. These issues plus social media missteps by Medvedev and Putin have fueled anger that may foment change. According to published reports, Medvedev/Putin may have also utilized the Russian secret police to try to block protestors from using social media. This is the same tactic that Egypt's Mubarak tried and it failed miserably.
The international community first noticed that the Russian people may have finally grown weary of Putin's stranglehold over the Russian government in late November during a mixed martial arts fight between Russia's Fedor Emelianenko and America's Jeff "The Snowman" Monson. After the fight Putin stepped into the ring to congratulate the winner and the crowd booed Putin. According to the BBC, the scene was uploaded to YouTube and subsequently viewed more than 2.5 million times.
In Russia, booing Putin during a public event was seen as a major signal that there may be underlying problems with his iron grip on the country. Subsequently, during the recent election there were numerous allegations that Putin's party may have participated in electoral fraud. Widespread anger and protests against Putin are increasing daily and instead of properly addressing the concerns of the Russian people Putin is generally ignoring them and acting as a Czar. Therefore, I would not be surprised if the Russian Winter turns into an Arab Spring.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Social Media May Decrease Law Firm Revenues
There still appears to be a major disconnect between lawyers and social media. The Wall Street Journal Law Blog recently asked the question: "2012:The Year Law Firms Ditch Geezer Image and Get Tweeting?" Most of the Wall Street Journal's sources for the post were marketers and not practicing lawyers who actively tweet so I would like to see the Wall Street Journal create a follow up post that asks practicing lawyers if Twitter is an effective marketing tool for lawyers.
I believe that the overwhelming majority of practicing lawyers who actively tweet may state that social media usage does not increase law firm revenues. I have been tweeting from @bradleyshear since June 15, 2009, have tweeted more than 3,200 times, and I have a Twitter grade from Twitter Grader of 94/100. Despite these social media statistics, I have never had a client mention on his intake form that he hired me because of my tweets.
Over the past several months, I have had several people approach me during networking events and conferences to tell me that my blog has helped reduce their need for legal services. When this has occurred I have asked how and the general response has been that for some issues my blog provides enough information that they don't feel they need to spend more money on legal fees. One potential client reiterated the old saying "Why buy the cow when you can get the milk for free."
Instead of increasing law firm revenues social media usage by lawyers may decrease law firm revenues. The World War II saying, "Loose lips sink ships" may come into play when lawyers tweet and/or blog. Therefore, before you spend your firm's marketing dollars on a social media evangelist who wants to teach your firm how to tweet you may want to peel back the social media onion because you may be surprised with what you may find.
To learn more about these issues you may contact me at http://www.shearlaw.com/.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
I believe that the overwhelming majority of practicing lawyers who actively tweet may state that social media usage does not increase law firm revenues. I have been tweeting from @bradleyshear since June 15, 2009, have tweeted more than 3,200 times, and I have a Twitter grade from Twitter Grader of 94/100. Despite these social media statistics, I have never had a client mention on his intake form that he hired me because of my tweets.
Over the past several months, I have had several people approach me during networking events and conferences to tell me that my blog has helped reduce their need for legal services. When this has occurred I have asked how and the general response has been that for some issues my blog provides enough information that they don't feel they need to spend more money on legal fees. One potential client reiterated the old saying "Why buy the cow when you can get the milk for free."
Instead of increasing law firm revenues social media usage by lawyers may decrease law firm revenues. The World War II saying, "Loose lips sink ships" may come into play when lawyers tweet and/or blog. Therefore, before you spend your firm's marketing dollars on a social media evangelist who wants to teach your firm how to tweet you may want to peel back the social media onion because you may be surprised with what you may find.
To learn more about these issues you may contact me at http://www.shearlaw.com/.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, December 13, 2011
Student-Athlete Suspended From NCAA FCS Playoffs For a Re-Tweet
The NCAA does not have an official social media policy for its members. Despite the lack of a social media policy, the NCAA suspended Lehigh University's Ryan Spadola who was the football team's top wide receiver from a playoff game for retweeting an alleged inappropriate message. This suspension may have harmed Lehigh's chances of winning the NCAA Football Championship Subdivision since Lehigh lost the game that Spadola was banned from.
Playing collegiate sports is privilege and not a right. Ryan Spadola apologized for the tweet and appeared contrite over his actions. However, the NCAA still made an example out of him. This teachable moment has turned into a situation that may have major legal ramifications in the future for similar situations. What if instead of retweeting an alleged racial slur Spadola provided his opinion about the President of the United States and the NCAA disagreed with his Tweet? Would Spadola have been banned from the playoffs?
The NCAA must tread very carefully in the social media space because its actions may open itself and/or its members to massive legal liability that may not be anticipated. Those who advocate that student-athletes be mandated to turn over their private social media user names and passwords and/or allow schools access to students' private electronic content, and/or install spying software onto students' personal electronic devices may be uninformed of the law and the public policy implications. Ohio's Supreme Court ruled almost 2 years ago that while under Ohio's jurisdiction a warrantless search of electronic devices is barred in most situations. The New York Times subsequently wrote an editorial that stated that this should be the law throughout the country.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Playing collegiate sports is privilege and not a right. Ryan Spadola apologized for the tweet and appeared contrite over his actions. However, the NCAA still made an example out of him. This teachable moment has turned into a situation that may have major legal ramifications in the future for similar situations. What if instead of retweeting an alleged racial slur Spadola provided his opinion about the President of the United States and the NCAA disagreed with his Tweet? Would Spadola have been banned from the playoffs?
The NCAA must tread very carefully in the social media space because its actions may open itself and/or its members to massive legal liability that may not be anticipated. Those who advocate that student-athletes be mandated to turn over their private social media user names and passwords and/or allow schools access to students' private electronic content, and/or install spying software onto students' personal electronic devices may be uninformed of the law and the public policy implications. Ohio's Supreme Court ruled almost 2 years ago that while under Ohio's jurisdiction a warrantless search of electronic devices is barred in most situations. The New York Times subsequently wrote an editorial that stated that this should be the law throughout the country.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Cleveland's Social Media Criminal Law May Affect Terry Stop and Frisks
I have previously discussed Cleveland's prior misguided attempts to create ambiguous social media law. Cleveland has finally passed a law that may criminalize social media. This new ordinance (see page 25, sections 1392-11, 1393-11 and 1394-11) that allegedly is aimed at trying to curb flash mobs is very troubling and may create unanticipated problems that were not envisioned by its sponsors.
Will Cleveland police officers during a Terry Stop and Frisk check to see if someone is carrying a digital weapon (personal electronic device) instead of a physical weapon (gun or a knife)? Will this new ordinance change the Stop and Frisk procedures in Cleveland? Was this question even imagined by those who voted in favor of this ordinance?
Fortunately for those who live and/or visit Cleveland, the Ohio Supreme Court ruled a couple years ago that while under Ohio's jurisdiction people have an expectation of privacy regarding the content on their cell phones. Therefore, the potential for abuse of this new ordinance may be less than what it may have been had the Ohio Supreme Court not been so enlightened.
As I previously stated, this law is vague and will only create more problems than it will solve. The tremendous disconnect between social media and government policy continues.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Will Cleveland police officers during a Terry Stop and Frisk check to see if someone is carrying a digital weapon (personal electronic device) instead of a physical weapon (gun or a knife)? Will this new ordinance change the Stop and Frisk procedures in Cleveland? Was this question even imagined by those who voted in favor of this ordinance?
Fortunately for those who live and/or visit Cleveland, the Ohio Supreme Court ruled a couple years ago that while under Ohio's jurisdiction people have an expectation of privacy regarding the content on their cell phones. Therefore, the potential for abuse of this new ordinance may be less than what it may have been had the Ohio Supreme Court not been so enlightened.
As I previously stated, this law is vague and will only create more problems than it will solve. The tremendous disconnect between social media and government policy continues.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Friday, December 9, 2011
Cleveland Should Stop Trying To Criminalize Social Media
Cleveland is still trying to criminalize social media. If at first you don't succeed, try, try, again must be Cleveland's City Council slogan. On July 25, 2011, August 5, 2011, and on October 6, 2011 I wrote about Cleveland's prior attempts to criminalize social media flash mobs, tweet ups, get togethers, etc...
When I spoke with Thomas Ott of the Cleveland Plain Dealer in October I was quoted as saying that the law is still vague and that Cleveland has more work to do on the legislation. Unfortunately, Cleveland's City Council took my words literally and decided to redraft their legislation.
This proposed ordinance will create more problems than it will solve. If Cleveland's Mayor signs the proposal it may be tested during the Rock and Roll Hall of Fame induction ceremony next year. If a majority of Guns N' Roses (they deserved induction) original lineup plays at the ceremony or makes appearances in Cleveland and fans use social media for a tweet up and criminal activity occurs fans may be rounded up and prosecuted for using a hashtag such as #gunsnroses.
It is time for common sense to prevail. Cleveland should focus their resources on more productive matters than drafting and trying to enforce vague social media law(s).
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
When I spoke with Thomas Ott of the Cleveland Plain Dealer in October I was quoted as saying that the law is still vague and that Cleveland has more work to do on the legislation. Unfortunately, Cleveland's City Council took my words literally and decided to redraft their legislation.
This proposed ordinance will create more problems than it will solve. If Cleveland's Mayor signs the proposal it may be tested during the Rock and Roll Hall of Fame induction ceremony next year. If a majority of Guns N' Roses (they deserved induction) original lineup plays at the ceremony or makes appearances in Cleveland and fans use social media for a tweet up and criminal activity occurs fans may be rounded up and prosecuted for using a hashtag such as #gunsnroses.
It is time for common sense to prevail. Cleveland should focus their resources on more productive matters than drafting and trying to enforce vague social media law(s).
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, December 8, 2011
Congress May Update the Video Privacy Protection Act
Congress may update the 1988 Video Privacy Protection Act because Netflix wants to build a Facebook application that may enable consumers to more easily share their movie choices and opinions. HR2471 may only benefit Netflix, Facebook, and third parties who may access the data. Netflix and Facebook users can already share their movie likes and dislikes online without any new legislation. Therefore, is there a reason to weaken a law that has protected the privacy of those living in the United States for more than 20 years?
As we have seen over and over again, data breaches occur frequently so it would be prudent to study this issue before passing a law that may have unintended side effects. Should Congress weaken a law that protects the personal privacy of more than 300 million people in the United States?
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
As we have seen over and over again, data breaches occur frequently so it would be prudent to study this issue before passing a law that may have unintended side effects. Should Congress weaken a law that protects the personal privacy of more than 300 million people in the United States?
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, December 1, 2011
Better Business Bureau Takes A Firm Stand Against Social Media Credential Fraud
The Better Business Bureau recently took a firm stand against Social Media Credential Fraud. The BBB stated that "marketers must be careful what they promise in exchange for a "Like" on Facebook and that they are not using misleading or artificial means to inflate the number of Facebook likes."
Social Media Credential Fraud may also be referred to as Like-Gating since the concept is the same in that misleading or artificial means are utilized to boost one's social media metrics. Social Media Credential Fraud may occur when an individual manipulates his social media metrics such as the Twitter following to follower ratio for commercial gain.
I have stated over and over again that Social Media Credential Fraud is a growing problem that must be eliminated. I have come out strongly against this practice and now the Better Business Bureau has agreed with my position. It is only a matter of time before the Federal Trade Commission begins proceedings against those who are practicing Social Media Credential Fraud and/or Like-Gating.
To learn more about these issues you may contact me at http://shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved
Social Media Credential Fraud may also be referred to as Like-Gating since the concept is the same in that misleading or artificial means are utilized to boost one's social media metrics. Social Media Credential Fraud may occur when an individual manipulates his social media metrics such as the Twitter following to follower ratio for commercial gain.
I have stated over and over again that Social Media Credential Fraud is a growing problem that must be eliminated. I have come out strongly against this practice and now the Better Business Bureau has agreed with my position. It is only a matter of time before the Federal Trade Commission begins proceedings against those who are practicing Social Media Credential Fraud and/or Like-Gating.
To learn more about these issues you may contact me at http://shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved
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