During the Thanksgiving holiday it is important that we give thanks to our country's forefathers who created a government and society that protects and values the freedom of speech. This freedom is the bedrock of our democratic society. The First Amendment of the U.S. Constitution generally protects our citizens from being punished for criticizing the government. This protection applies not only in the real world but also in the digital world.
Not every country provides its citizens a "Frist Amendment" right to criticize their government. According to AllThingsD.com, Vietnamese officials recently announced a new law that appears to provide its government the power to jail or issue steep fines to citizens who disparage the state via social media.
Vietnam's new law, "Decree 72" enables the government to hand out fines of 100 million dong ($4,740) to anyone criticizing the country on social media, and/or uses the Internet and information on the web to undermine the state. According to the Electronic Frontier Foundation, earlier this year 13 bloggers/activists were sentenced to prison terms ranging from 3 to 13 years for expressing their opinions on line.
It is important to remember that when visiting foreign countries you must be aware of their laws to ensure that your digital activity does not create an international incident and/or land you in jail.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Saturday, November 30, 2013
Thursday, November 14, 2013
Do Not Track Kids Act of 2013 Would Amend COPPA
Senator Ed Markey and Rep. Joe Barton have reintroduced House and Senate versions of their Do Not Track Kids Act,
which would extend the Children's Online
Privacy Protection Act of 1998 (COPPA) protections for "collection, use
and disclosure of children's personal information" to teenagers 13-15.
The legislation would: prohibit Internet companies from collecting personal and location information from anyone under 13 without parental consent and anyone 13 to 15 years old without the user's consent; require consent of the parent or teen prior to behavioral advertising to children and teens; establish a "Digital Marketing Bill of Rights for Teens" that limits the collection of personal information of teens, including geo-location information of children and teens; create an "eraser button" for parents and children by requiring companies to permit users to eliminate publicly available personal content when technologically feasible; and require digital companies to explain the types of personal information collected, how that information is utilized, and the policies for collection of personal information.
While I am not generally in favor of stricter regulations on the digital ecosystem that may potentially put greater constraints on how Internet companies may operate, the data collection and privacy policies of some companies have crossed the line and appear to require greater legal scrutiny. According to a recent USA Today article about digital privacy and young people, "....the NSA can tap into online data to the extent it does largely because commercial companies, led by Google and Facebook, pursue business models that treat consumer privacy as a free profit-making resource."
The bottom line is that some companies have abused their marketplace position and it appears that a legislative fix is needed to protect our children from companies that put profits ahead of privacy.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
The legislation would: prohibit Internet companies from collecting personal and location information from anyone under 13 without parental consent and anyone 13 to 15 years old without the user's consent; require consent of the parent or teen prior to behavioral advertising to children and teens; establish a "Digital Marketing Bill of Rights for Teens" that limits the collection of personal information of teens, including geo-location information of children and teens; create an "eraser button" for parents and children by requiring companies to permit users to eliminate publicly available personal content when technologically feasible; and require digital companies to explain the types of personal information collected, how that information is utilized, and the policies for collection of personal information.
While I am not generally in favor of stricter regulations on the digital ecosystem that may potentially put greater constraints on how Internet companies may operate, the data collection and privacy policies of some companies have crossed the line and appear to require greater legal scrutiny. According to a recent USA Today article about digital privacy and young people, "....the NSA can tap into online data to the extent it does largely because commercial companies, led by Google and Facebook, pursue business models that treat consumer privacy as a free profit-making resource."
The bottom line is that some companies have abused their marketplace position and it appears that a legislative fix is needed to protect our children from companies that put profits ahead of privacy.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Tuesday, November 5, 2013
Did the NFL's Richie Incognito Violate Florida's Cyber-Harassment Law?
A very troubling situation in the Miami Dolphins' locker room is unfolding regarding alleged hazing and bullying. It is alleged that Dolphins guard Richie Incognito was bullying offensive tackle Jonathan Martin in person, on the phone, on social media, and in texts. My first job out of law school was with the National Football League
Player's Association (NFLPA) and during my time there I assisted the NFLPA's Health and Safety
Committee on several matters. While hazing has long been a part of many professions, the reported allegations here are very troubling.
Hazing occurs in many walks of life and may be considered part and parcel of the team building process. This behavior occurs in the military and the plot of the movie "A Few Good Men" centers around what happens when hazing goes to far. A recent case in Afghanistan demonstrates that in some instances this type of behavior can kill. The movies "Full Metal Jacket" and "An Officer and A Gentleman" also provide examples of hazing by fellow soldiers and by one's commanding officer. Hazing incidents at some colleges demonstrate that this behavior is not confined to the military and may take many forms. Mental cruelty, physical labor, and over work until exhaustion or death have been documented.
When do hazing incidents cross the line from "team building exercises" to violations of the law? Florida has a statute that appears to shed some light on this issue. Under Florida's law,
(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Hazing occurs in many walks of life and may be considered part and parcel of the team building process. This behavior occurs in the military and the plot of the movie "A Few Good Men" centers around what happens when hazing goes to far. A recent case in Afghanistan demonstrates that in some instances this type of behavior can kill. The movies "Full Metal Jacket" and "An Officer and A Gentleman" also provide examples of hazing by fellow soldiers and by one's commanding officer. Hazing incidents at some colleges demonstrate that this behavior is not confined to the military and may take many forms. Mental cruelty, physical labor, and over work until exhaustion or death have been documented.
When do hazing incidents cross the line from "team building exercises" to violations of the law? Florida has a statute that appears to shed some light on this issue. Under Florida's law,
(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) A
person who willfully, maliciously, and repeatedly follows, harasses, or
cyberstalks another person and makes a credible threat to that person
commits the offense of aggravated stalking, a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
While it is too early to speculate on whether Incognito violated Florida law since not all of the facts are known, if Incognito's voice mails, texts, Tweets, in person interactions, etc.. demonstrates that he "repeatedly" harassed Martin it would not surprise me if charges are brought against Incognito to make an example out of him. Last month, two girls (12 and 14 years of age) in Florida were arrested after they allegedly tormented a 12-year-old until she committed suicide. Therefore, Incognito may want to seek legal counsel sooner rather than later.
The bottom line is that states across the country are amending their laws to account for digital harassment. While some of these laws may potentially conflict with the First Amendment, the march towards treating digital matters the same as off line issues continues and demonstrates the need for not only NFL players but for everyone to better understand how their digital usage may create tremendous legal liability.
While it is too early to speculate on whether Incognito violated Florida law since not all of the facts are known, if Incognito's voice mails, texts, Tweets, in person interactions, etc.. demonstrates that he "repeatedly" harassed Martin it would not surprise me if charges are brought against Incognito to make an example out of him. Last month, two girls (12 and 14 years of age) in Florida were arrested after they allegedly tormented a 12-year-old until she committed suicide. Therefore, Incognito may want to seek legal counsel sooner rather than later.
The bottom line is that states across the country are amending their laws to account for digital harassment. While some of these laws may potentially conflict with the First Amendment, the march towards treating digital matters the same as off line issues continues and demonstrates the need for not only NFL players but for everyone to better understand how their digital usage may create tremendous legal liability.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
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