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.
Showing posts with label Social Media Flash Mob. Show all posts
Showing posts with label Social Media Flash Mob. Show all posts
Friday, December 9, 2011
Thursday, October 6, 2011
Cleveland's continued misguided attempt at social media criminal law
Cleveland's City Council continues in its misguided attempt to create vague and unconstitutional social media criminal law. Cleveland's City Council is trying again to specifically criminalize the use of electronic media to create flash mobs.
This past summer, Cleveland's City Council tried to regulate the use of social media and fortunately for the citizens of Cleveland Mayor Frank Jackson vetoed the flawed legislation. As I told the Cleveland Plain Dealer, Cleveland should utilize its resources to provide its law enforcement officials social media training instead of drafting vague and misguided ordinances that will create more problems. I recommend Cleveland focusing its energy on enforcing its current laws and determining how to apply them to social media.
Maybe Cleveland's City Council should focus its efforts on banning its fans from standing up and cheering at the Brown's games. Oops. Somebody beat them to it.
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.
This past summer, Cleveland's City Council tried to regulate the use of social media and fortunately for the citizens of Cleveland Mayor Frank Jackson vetoed the flawed legislation. As I told the Cleveland Plain Dealer, Cleveland should utilize its resources to provide its law enforcement officials social media training instead of drafting vague and misguided ordinances that will create more problems. I recommend Cleveland focusing its energy on enforcing its current laws and determining how to apply them to social media.
Maybe Cleveland's City Council should focus its efforts on banning its fans from standing up and cheering at the Brown's games. Oops. Somebody beat them to it.
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.
Tuesday, August 16, 2011
Telephone Flash Mobs, Celebrities, the Police, and Social Media
Is a telephone flash mob criminal? How do you prove that a series of Tweets directly caused a telephone flash mob? The Los Angeles County Sheriff's Department is trying to answer these questions after an artist who goes by the stage name, "The Game" allegedly tweeted the phone number of a sheriff's station on August 12th. It is alleged that The Game's tweets were directly responsible for a sheriff's station receiving hundreds of calls that tied up its phone lines for a few hours.
According to Mike Parker of the Los Angeles County Sheriff's Department, The Game may be charged with "making annoying or harassing phone calls via [an] electronic device or the Internet,"delaying or obstructing peace officers in the performance of their duties," and "knowingly and maliciously disrupting or impeding communications over a public safety radio frequency".
The Game alleged in at least one of his Tweets that his account was hacked. If The Game's allegations are true he should file a complaint with the police because hacking is a violation under federal and state law.
Charging The Game for violating the law based on his alleged Tweets is one thing but proving it is another. A prosecutor may have to prove that The Game had the mens rea to jam the Sheriff Department's communications system. This may be extremely difficult unless there is a smoking gun that indicates that The Game intended to disrupt the sheriff department's phone lines.
I highly doubt that The Game will be successfully prosecuted for his alleged ill conceived tweets. However, this episode may encourage California and other states to create guidelines on how to respond to these situations in the future.
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.
According to Mike Parker of the Los Angeles County Sheriff's Department, The Game may be charged with "making annoying or harassing phone calls via [an] electronic device or the Internet,"delaying or obstructing peace officers in the performance of their duties," and "knowingly and maliciously disrupting or impeding communications over a public safety radio frequency".
The Game alleged in at least one of his Tweets that his account was hacked. If The Game's allegations are true he should file a complaint with the police because hacking is a violation under federal and state law.
Charging The Game for violating the law based on his alleged Tweets is one thing but proving it is another. A prosecutor may have to prove that The Game had the mens rea to jam the Sheriff Department's communications system. This may be extremely difficult unless there is a smoking gun that indicates that The Game intended to disrupt the sheriff department's phone lines.
I highly doubt that The Game will be successfully prosecuted for his alleged ill conceived tweets. However, this episode may encourage California and other states to create guidelines on how to respond to these situations in the future.
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.
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