Taking photos and sharing them digitally is so easy. However, just because it is, that doesn't mean you should do so. In Silicon Valley, the term "frictionless sharing" was coined to describe the ability to make it as simple as possible to share your personal content with others via the Internet and apps.
Technology companies make billions of dollars per year in advertising revenue due to frictionless sharing. This capability is so important to the monetary viability of many digital companies that some of them recently spent millions of dollars lobbying Congress to weaken the Video Privacy Protection Act to make it easier for consumers to share their video viewing habits with others. While Silicon Valley may promote this change as providing more "consumer choice", others may believe this revision has diminished important privacy protections.
Just because you have the ability to take a photo or a video doesn't mean you should do so and share it digitally. Having the skills to understand when not to share is very important in the Social Media Age. In general, I advise many clients not share their personal content digitally unless it is in furtherance of their professional career.
The latest person who has not mastered the skill of when not to share appears to be Rev. Al Sharpton's daughter Dominique Sharpton. According to The New York Post's analysis of Ms. Sharpton's personal Instagram account she has "a lot of explaining to do." Ms. Sharpton is suing the City of New York for $5 million dollars because she allegedly injured her angle on a Soho sidewalk. I am highly skeptical of this claim because it appears that on her personal Instagram account she has posted photos of herself climbing mountains in the U.S. and overseas.
Ms. Sharpton's Instagram account photos do not appear to demonstrate that she has a $5 million dollar claim against the New York City. According to The New York Post, New York City has ordered Ms. Sharpton to preserve her photos because they appear to contradict the claims in her complaint against the City. If the photos on Ms. Sharpton's Instagram account are authenticated, the City of New York may take legal action against her because it appears that her legal complaint is deficient due to a "failure to state a claim."
The bottom line is be careful what you post because it may create tremendous legal liability for you and/or others.
UPDATE: According to The New York Post, Ms. Sharpton has made her social media accounts "private". In light of all of the media coverage regarding this matter, Ms. Sharpton's latest move further demonstrates her $5 million dollar legal claim against the City of New York appears to be frivolous.
Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.
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