Last week, Kansas High School student Emma Sullivan used Twitter to discuss her feelings about Governor Sam Brownback. While participating in a Youth in Government Program Sullivan tweeted, "Just made mean comments at gov brownback and told him he sucked, in person #heblowsalot.
Governor Brownback's office was not amused by the Tweet and Niomi Burget, assistant director of scheduling for the governor forwarded the tweet to Deborah Brown of the Shawnee Mission School District who then contacted Sullivan's principal. Sullivan was "asked" to write an apology to the governor but refused. Whether Sullivan was "asked" or "ordered" to write an apology to the governor is a question that needs to be answered since Sullivan was exercising her First Amendment right to criticize the governor.
Does Governor Brownback's office spend a significant amount of time and public resources on social media monitoring? Does his office spend taxpayer dollars to deploy a social media monitoring service? Or, does his office spend taxpayer dollars to do Twitter searches on a regular basis? What type of resources does his office allocate to social media monitoring and how does it determine when to react?
I told the Associated Press that this incident reflects poorly on the governor's office and that it needs to learn how to properly deal with social media related issues. It is disappointing that Governor Brownback's office still has not properly put this issue to bed.
Sullivan is now being cyberbullied because Governor Brownback's office did not understand how to respond to a negative tweet from a high school student. When Governor Brownback's office is interested in learning how to properly resolve this matter he may contact me at 301-652-3600 or at bshear@shearlaw.com.
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.
Wednesday, November 30, 2011
Monday, November 21, 2011
Virginia Tech Cadet Utilizes YouTube to Ask Taylor Swift to Military Ball
On November 20th, 2011, I discussed with NBC 4 Washington's weekend anchor Angie Goff a recent trend regarding inviting celebrities to formal functions and Black Friday Deals on Facebook. To learn more about these issues watch the segment...
Tuesday, November 15, 2011
Penn State scandal proves NCAA schools should not social media monitor student athletes
The Penn State child molestation case against former Penn State coach Jerry Sandusky is already the worst college sports scandal of all time. It appears that Penn State officials may have had actual knowledge of the allegations against Sandusky since either 1999 or 2002 and did not take the appropriate actions necessary to stop him.
It is too soon to speculate, but it is possible that Penn State may have tremendous legal liability regarding the allegations against Sandusky even though Sandusky has not been an employee of the university since his retirement in 1999. These allegations have already led to reports that Penn State's bond rating may be downgraded in anticipation of the potential legal liability. If Penn State's bond rating is lowered it may make it more expensive for the school to borrow money for capital projects which may in turn harm Pennsylvania taxpayers and students who attend the university.
It is too soon to speculate, but it is possible that Penn State may have tremendous legal liability regarding the allegations against Sandusky even though Sandusky has not been an employee of the university since his retirement in 1999. These allegations have already led to reports that Penn State's bond rating may be downgraded in anticipation of the potential legal liability. If Penn State's bond rating is lowered it may make it more expensive for the school to borrow money for capital projects which may in turn harm Pennsylvania taxpayers and students who attend the university.
It does not appear that Sanduksy created any incriminating social media posts about his alleged illegal activity. If Sandusky committed his crimes off campus on his own time and Penn State had no knowledge of his alleged wrongdoing it most likely would be difficult for Sandusky's alleged victims to win a civil suit against Penn State. However, if Penn State was aware of Sandusky's alleged criminal activities and failed to stop him the school may have major legal liability issues to defend against.
NCAA schools do not have a legal duty to monitor the social media content of their student-athletes. However, there are some schools that are creating the duty to monitor their student-athletes' public and private social media content. I have discussed the numerous constitutional and legal liability issues involved with social media monitoring student-athletes on multiple occasions.
If a school decides to create the duty to monitor its student-athletes social media content and fails to prevent a student-athlete from committing a crime or an incident that creates civil liability that may have been noticed via the student's social media activity the school may have Penn State like liability issues to defend against.
After the Penn State scandal, I find it hard to believe that a school would even think about creating a duty to monitor the social media content of its student-athletes. If Penn State had a monitoring policy in place for its student-athletes or employees and missed any social media posts that hinted at any illegal activity Penn State's liability for this terrible tragedy would be even greater than it already may be.
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.
After the Penn State scandal, I find it hard to believe that a school would even think about creating a duty to monitor the social media content of its student-athletes. If Penn State had a monitoring policy in place for its student-athletes or employees and missed any social media posts that hinted at any illegal activity Penn State's liability for this terrible tragedy would be even greater than it already may be.
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.
Thursday, November 10, 2011
US should investigate why Sandusky was arrested after Paterno broke the Division I wins record
Should the U.S. investigate why Jerry Sandusky was arrested only after Joe Paterno broke Eddie Robinson's record of 408 wins? I find it troubling that only after Paterno broke the record for most wins by a Division I football coach was Paterno's longtime defensive coordinator Jerry Sandusky arrested for child rape and sodomy. Did this delay cause more young boys to be put in harm's way so a football coach could claim a significant historical record before a scandal engulfed him?
Did Sandusky violate the Mann Act? Did Sandusky transport minors across state lines and sodomize or rape them? In 1998, one of Sandusky's victims was listed as a member of Sandusky's family for the Outback Bowl. Did Sandusky take any other victims with him across state lines to a Penn State football game?
It is too early to speculate on Penn State's potential liability in this scandal. However, today a jury in Miami-Dade Circuit Court awarded a sex abuse victim $100 million dollars. Therefore, between legal fees, settlements, judgments, possible fines etc... it is possible that this scandal may cost Penn State $100 million dollars or more. This does not factor in the damage to its reputation along with the loss of future economic opportunities.
This already appears to be the worst college sports scandal of all time. Covering up child rape and sodomy on campus to protect an institution's reputation is unforgivable and indefensible. Why didn't someone who knew about the allegations against Sandusky put a stop to him years ago?
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, November 8, 2011
Joe Paterno, Penn State, Social Media Crisis Management, and the Law
Joe Paterno's days as a head college football coach, teacher, and mentor to young men may be fast approaching an end. It may be a week, a few days, or even hours before he is no longer the head football coach of Penn State. One of the most respected college coaches of all time is on his way out because Penn State is embroiled in a child molestation scandal. Paterno's former defensive coordinator Jerry Sandusky has been charged with sexually abusing eight boys during a 15-year period.
Did Paterno break any laws? It is too soon to speculate until the investigation is completed and all of the facts come to light. However, under Pennsylvania Code Title 23-Domestic Relations, Chapter 63-Child Protective Services, Section 6311-Persons required to report suspected child abuse, school teachers and school administrators are required to report suspected child abuse to the proper authorities. It is alleged that Paterno reported a 2002 allegation against Sandusky that he was made aware of to his superiors; but under Pennsylvania law did Paterno fulfill all of his reporting obligations?
Did Paterno break any laws? It is too soon to speculate until the investigation is completed and all of the facts come to light. However, under Pennsylvania Code Title 23-Domestic Relations, Chapter 63-Child Protective Services, Section 6311-Persons required to report suspected child abuse, school teachers and school administrators are required to report suspected child abuse to the proper authorities. It is alleged that Paterno reported a 2002 allegation against Sandusky that he was made aware of to his superiors; but under Pennsylvania law did Paterno fulfill all of his reporting obligations?
Paterno is not just a coach to some of his players and other young men, he may also be a father figure. The allegation that Paterno did not do everything in his power to expose the truth about Sandusky and stop him from molesting other boys is very troubling.
If the allegations against Sandusky are true, it is possible that Penn State may have tremendous civil legal liability. If Paterno, or any Penn State administrators knew Sandusky may have been violating the law while Sandusky was an employee or utilizing Penn State's facilities a strong civil case for negligence against Penn State may be successful.
Yesterday evening I read about a Facebook page entitled,"Joe Paterno should resign." Last night it had around 80 members. Less than 24 hours later there are more than 300 members and counting. Social Media has made this story spread like wild fire and I believe that the anger these allegations have created will lead to Paterno's departure in the very near future.
To learn more about social media crisis management in sports you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
If the allegations against Sandusky are true, it is possible that Penn State may have tremendous civil legal liability. If Paterno, or any Penn State administrators knew Sandusky may have been violating the law while Sandusky was an employee or utilizing Penn State's facilities a strong civil case for negligence against Penn State may be successful.
Yesterday evening I read about a Facebook page entitled,"Joe Paterno should resign." Last night it had around 80 members. Less than 24 hours later there are more than 300 members and counting. Social Media has made this story spread like wild fire and I believe that the anger these allegations have created will lead to Paterno's departure in the very near future.
To learn more about social media crisis management in sports you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, November 6, 2011
Supreme Court Must Uphold 4th Amendment Protections in the Social Media Age
This week the Supreme Court will hear arguments in United States v. Jones regarding whether installing a GPS device on a suspect's car without a warrant is constitutional. This case may have far reaching ramifications in the Social Media Age because it may create the foundation to determine whether electronic data in various platforms may be protected by the 4th Amendment.
On April 29, 2010 and July 25, 2010, I discussed how Congress may pass the Social Media Privacy Protection Act. This act may be able to protect our electronic content from unreasonable searches and seizures in the Social Media Age. Last month, I discussed how California Governor Jerry Brown recently vetoed legislation that would have required a warrant to search the cell phone of a person who has been arrested in California. If the Supreme Court does not set limits on how the police may deploy electronic tracking devices I would not be surprised if Congress steps in to address this matter.
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 April 29, 2010 and July 25, 2010, I discussed how Congress may pass the Social Media Privacy Protection Act. This act may be able to protect our electronic content from unreasonable searches and seizures in the Social Media Age. Last month, I discussed how California Governor Jerry Brown recently vetoed legislation that would have required a warrant to search the cell phone of a person who has been arrested in California. If the Supreme Court does not set limits on how the police may deploy electronic tracking devices I would not be surprised if Congress steps in to address this matter.
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.
Wednesday, November 2, 2011
NJ Fake Facebook Page Case May Open Up A Pandora's Box
Earlier today, a judge in New Jersey declined to dismiss a case against a defendant charged with creating a fake Facebook page of her ex-boyfriend that appeared to defame him. This ruling may open up a Pandora's box and create more problems than anticipated.
While the Morris County New Jersey prosecutor's office may believe New Jersey's identity theft law should govern fake social media profiles that appear to defame others I am not sure if they fully understand the ramifications of its position. There are tens of thousands of fake social media pages on social media platforms. Therefore, will everyone who is under New Jersey's jurisdiction who has created a fake social media page be prosecuted for identity theft under New Jersey law?
I told the Associated Press that this case sounds like it may be better handled in civil rather than criminal court. It appears that there may be a violation of Facebook’s terms of service. This is a novel interpretation of New Jersey's identity theft law and it may be difficult for the defendant to be ultimately adjudicated guilty. California has specifically addressed this issue through legislation along with New York and Mississippi. It is likely that other states may soon follow suit.
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.
While the Morris County New Jersey prosecutor's office may believe New Jersey's identity theft law should govern fake social media profiles that appear to defame others I am not sure if they fully understand the ramifications of its position. There are tens of thousands of fake social media pages on social media platforms. Therefore, will everyone who is under New Jersey's jurisdiction who has created a fake social media page be prosecuted for identity theft under New Jersey law?
I told the Associated Press that this case sounds like it may be better handled in civil rather than criminal court. It appears that there may be a violation of Facebook’s terms of service. This is a novel interpretation of New Jersey's identity theft law and it may be difficult for the defendant to be ultimately adjudicated guilty. California has specifically addressed this issue through legislation along with New York and Mississippi. It is likely that other states may soon follow suit.
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, October 27, 2011
Insurance Companies May Be Following Your Tweets
Discussing your personal health or emotional well being on social media is not recommended. Health insurance companies, law enforcement, opposing counsel in lawsuits, employers, potential employers, academic institutions, etc... want access to both your public and private social media content. Therefore, everything you put online may one day be used against you.
On October 22, 2011 I discussed some of the reasons why you must be careful about posting online your personal health care status with Angie Goff of NBC 4 in Washington, DC. During the segment, Angie mentioned how Senator McCaskill used Twitter to discuss her progress during her recent 50 pound weight loss. While it may seem like a great idea at first glance to share this type of information with other people who are interested in losing weight it is not advisable.
Insurance companies may utilize your Tweets against you during the underwriting process and/or if and when you have a claim. In the United Kingdom, those who utilize social media may have to pay higher premiums.
Below are several tips regarding social media and health care privacy:
1) Avoid discussing your personal physical or emotional health status online
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 October 22, 2011 I discussed some of the reasons why you must be careful about posting online your personal health care status with Angie Goff of NBC 4 in Washington, DC. During the segment, Angie mentioned how Senator McCaskill used Twitter to discuss her progress during her recent 50 pound weight loss. While it may seem like a great idea at first glance to share this type of information with other people who are interested in losing weight it is not advisable.
View more videos at: http://nbcwashington.com.
Insurance companies may utilize your Tweets against you during the underwriting process and/or if and when you have a claim. In the United Kingdom, those who utilize social media may have to pay higher premiums.
Below are several tips regarding social media and health care privacy:
1) Avoid discussing your personal physical or emotional health status online
2) Do not talk about the non-public health status of your online "friends"
3) Do not post about the medications you are taking
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, October 21, 2011
Missouri repeals social media ban aimed at online student teacher interaction
Missouri repealed its recently enacted student-teacher social media ban which prohibited students and teachers from interacting with each other online. I wrote about the law on August 2, 2011 and at the time stated:
"there is a tremendous lack of understanding regarding social media by elected officials across the country. Does Missouri have a law that bans teachers and students from being able to join the same Churches, Mosques, and Synagogues? Does Missouri have a law that bans teachers from interacting with students in activities outside of the school environment?...This new law is an over-reaction and will most likely soon be challenged and eventually overturned."
Missouri did the right thing in repealing the law because it not only infringed on First Amendment rights but it would also be very difficult if not impossible to enforce. When enacting new legislation lawmakers must understand exactly how the law works and how it may affect constitutional rights.
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.
"there is a tremendous lack of understanding regarding social media by elected officials across the country. Does Missouri have a law that bans teachers and students from being able to join the same Churches, Mosques, and Synagogues? Does Missouri have a law that bans teachers from interacting with students in activities outside of the school environment?...This new law is an over-reaction and will most likely soon be challenged and eventually overturned."
Missouri did the right thing in repealing the law because it not only infringed on First Amendment rights but it would also be very difficult if not impossible to enforce. When enacting new legislation lawmakers must understand exactly how the law works and how it may affect constitutional rights.
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, October 13, 2011
Will the 4th Amendment protect us in the Social Media Age?
Since entering law school in the Fall of 1995, I have watched how the law has evolved to deal with the issues inherent in the Internet Age and now the Social Media Age. The proliferation of cellphones, laptops, Blackberries, iPhones, iPads, Droids, etc... enables us to house our entire lives in one portable electronic device.
It is great to have all of our personal information easily accessible in one place. However, with all of this technology there are many privacy issues that need to be addressed. For example, does the government have the right to access the data contained in our cell phones and other personal electronic devices without a warrant?
In California, Governor Jerry Brown vetoed legislation that would have required a warrant to search the cell phone of a person who has been arrested. This decision by Governor Brown demonstrates a lack of understanding of technology and how we are using it. Cellphones and other personal electronic devices along with our electronic accounts contain a tremendous amount of personal information.
Searching our cell phones, Droids, Blackberries, iPhones, etc....may be akin to searching our homes. Some people keep more private information on their personal electronic devices than in their home so our personal electronic devices should have the same 4th Amendment protections that apply to our homes. California allows law enforcement officials to search a person's cell phone without a warrant if they arrested. However, in Ohio, a warrant is required to search a cell phone unless it is necessary to preserve evidence or unless it is necessary for an officer's safety.
Unless there are exigent circumstances, law enforcement should have no right to search our personal electronic devices unless they have a warrant. We live in a world where all of our personal information can be carried around with us in a small electronic device. Therefore, it is time for the 4th Amendment's protections to account for the Social Media Age.
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.
It is great to have all of our personal information easily accessible in one place. However, with all of this technology there are many privacy issues that need to be addressed. For example, does the government have the right to access the data contained in our cell phones and other personal electronic devices without a warrant?
In California, Governor Jerry Brown vetoed legislation that would have required a warrant to search the cell phone of a person who has been arrested. This decision by Governor Brown demonstrates a lack of understanding of technology and how we are using it. Cellphones and other personal electronic devices along with our electronic accounts contain a tremendous amount of personal information.
Searching our cell phones, Droids, Blackberries, iPhones, etc....may be akin to searching our homes. Some people keep more private information on their personal electronic devices than in their home so our personal electronic devices should have the same 4th Amendment protections that apply to our homes. California allows law enforcement officials to search a person's cell phone without a warrant if they arrested. However, in Ohio, a warrant is required to search a cell phone unless it is necessary to preserve evidence or unless it is necessary for an officer's safety.
Unless there are exigent circumstances, law enforcement should have no right to search our personal electronic devices unless they have a warrant. We live in a world where all of our personal information can be carried around with us in a small electronic device. Therefore, it is time for the 4th Amendment's protections to account for the Social Media Age.
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, 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.
Monday, October 3, 2011
Hank Williams, Social Media Crisis Management, and the Contract Morals Clause
Hank Williams must go into crisis management mode immediately if he wants to retain his corporate marketability. This morning on "Fox and Friends" Williams appeared to compare President Obama to Adolf Hitler. Williams was asked to clarify his initial analogy and he stated that Obama and Vice President Biden are "the enemy." Subsequently, ESPN pulled his opening for this evening's Monday Night Football game.
During the past 23 seasons, Williams has provided an introduction for Monday Night Football based off of his hit song "All My Rowdy Friends Are Coming Over Tonight." If Williams does not want to permanently harm his corporate marketability he must act swiftly and apologize for his remarks. If not, ESPN may permanently remove his opening act from Monday Night Football and the NFL community may distance itself from him in the same manner that CBS ended its relationship with Jimmy (the Greek) Snyder for his comments in 1988 regarding African-American athletes.
A well-drafted morals clause may provide ESPN the ability to terminate its relationship with Williams for his comments without having to pay him for the duration of his contract. A contract morals clause provides a company the ability to terminate the services of an endorser if the endorser engages in activity that is inconsistent with a company's public image.
Williams' response over the next couple days will determine whether the NFL community will continue to embrace him. It is possible the incident may blow over. However, in the Social Media Age one comment, blog post, YouTube video, or Tweet has the ability to forever change one's circumstances. Therefore, the sooner Williams demonstrates remorse the better chance he has of retaining his relationship with ESPN and the NFL.
To learn how to respond to a crisis in the Social Media Age you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
During the past 23 seasons, Williams has provided an introduction for Monday Night Football based off of his hit song "All My Rowdy Friends Are Coming Over Tonight." If Williams does not want to permanently harm his corporate marketability he must act swiftly and apologize for his remarks. If not, ESPN may permanently remove his opening act from Monday Night Football and the NFL community may distance itself from him in the same manner that CBS ended its relationship with Jimmy (the Greek) Snyder for his comments in 1988 regarding African-American athletes.
A well-drafted morals clause may provide ESPN the ability to terminate its relationship with Williams for his comments without having to pay him for the duration of his contract. A contract morals clause provides a company the ability to terminate the services of an endorser if the endorser engages in activity that is inconsistent with a company's public image.
Williams' response over the next couple days will determine whether the NFL community will continue to embrace him. It is possible the incident may blow over. However, in the Social Media Age one comment, blog post, YouTube video, or Tweet has the ability to forever change one's circumstances. Therefore, the sooner Williams demonstrates remorse the better chance he has of retaining his relationship with ESPN and the NFL.
To learn how to respond to a crisis in the Social Media Age you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, September 27, 2011
University of North Carolina's Student-Athlete Social Media Policy May Be Unconstitutional
The University of North Carolina (UNC) recently updated its Department of Athletics Policy on Student-Athlete Social Networking and Media Use. It appears that UNC revised its student-athlete social media policy as part of its response to the NCAA Notice of Allegations (NOA) that alleged that it failed to monitor the social media activity of its student-athletes. According to an NCAA spokesman, the NCAA does not require its members to monitor the social media activity of its members; it only encourages schools to do so.
UNC's response to the NCAA NOA appears to agree with 8 of the 9 allegations. UNC appears to dispute the allegation that it failed to monitor the social media activity of its student-athletes. UNC's new student-athlete social media policy may have been created to try to mitigate some of the possible NCAA sanctions that may arise from this matter.
UNC is a public institution and therefore the 4th amendment of the U.S. Constitution applies and protects students from unreasonable searches and seizures by UNC. According to UNC's new social media policy, "Each team must identify at least one coach or administrator who is responsible for having access to and regularly monitoring the content of team members’ social networking sites and postings (“Team Monitor”). The Department of Athletics also reserves the right to have other staff members review and/or monitor student-athletes’ social networking sites and postings."
Students who participate in extracurricular activities have a diminished expectation of privacy compared to other students; however, that diminished expectation of privacy does not enable the state to access and monitor the private electronic content of student-athletes to ensure that there are no possible violations of the law, UNC policies, NCAA violations, etc... Students have a reasonable expectation of privacy for their non-public electronic communications. If UNC has a right to access the private social media posts of its student-athletes then what will stop UNC from claiming it has the right to access and monitor private email accounts, voice-mail messages, etc... and installing eavesdropping equipment into off-campus apartments?
Therefore, I believe UNC's new social media policy may violate the 1st, 4th, and 14th Amendments of the U.S. Constitution. I urge UNC to revise its new student-athlete social media policy before UNC has to utilize resources defending an unconstitutional policy that may create mistrust between its student-athletes and the university and tremendous legal liability issues.
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.
UNC's response to the NCAA NOA appears to agree with 8 of the 9 allegations. UNC appears to dispute the allegation that it failed to monitor the social media activity of its student-athletes. UNC's new student-athlete social media policy may have been created to try to mitigate some of the possible NCAA sanctions that may arise from this matter.
UNC is a public institution and therefore the 4th amendment of the U.S. Constitution applies and protects students from unreasonable searches and seizures by UNC. According to UNC's new social media policy, "Each team must identify at least one coach or administrator who is responsible for having access to and regularly monitoring the content of team members’ social networking sites and postings (“Team Monitor”). The Department of Athletics also reserves the right to have other staff members review and/or monitor student-athletes’ social networking sites and postings."
Students who participate in extracurricular activities have a diminished expectation of privacy compared to other students; however, that diminished expectation of privacy does not enable the state to access and monitor the private electronic content of student-athletes to ensure that there are no possible violations of the law, UNC policies, NCAA violations, etc... Students have a reasonable expectation of privacy for their non-public electronic communications. If UNC has a right to access the private social media posts of its student-athletes then what will stop UNC from claiming it has the right to access and monitor private email accounts, voice-mail messages, etc... and installing eavesdropping equipment into off-campus apartments?
Therefore, I believe UNC's new social media policy may violate the 1st, 4th, and 14th Amendments of the U.S. Constitution. I urge UNC to revise its new student-athlete social media policy before UNC has to utilize resources defending an unconstitutional policy that may create mistrust between its student-athletes and the university and tremendous legal liability issues.
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, September 15, 2011
The FTC May Soon Crack Down On Social Media Credential Fraud
The FTC may soon crack down on Social Media Credential Fraud because it is a growing problem that will drastically harm monetization opportunities in the social media industry. Social Media Credential Fraud may occur when someone utilizes social media to create a false impression that they are an expert in their profession for commercial gain. Under the FTC's Advertising Regulations, it is crystal clear that engaging in unfair or deceptive acts or practices is unlawful.
This past summer the FTC sought input for revising its guidance to business about disclosures for online advertising. I submitted a comment requesting that the FTC take action against those who are practicing Social Media Credential Fraud.
On April 18, 2011, I stated that non-practicing attorney/self-described social media evangelist Adrian Dayton has a Twitter account that appears to indicate that he has a rock star like Twitter following to follower ratio. In this post, I discussed how Mr. Dayton had previously talked about why he un-followed 47,000 people on Twitter. The reason he gave for un-following almost 50,000 people went something along the lines he no longer could focus on new followers or qualified prospects because they were lost in the noise.
At that time I stated: "Having to follow at least 54,533 people in order to receive only 41,026 followers in return is not very "expert like." Mr. Dayton's Twitter activity demonstrates that he is a social media expert at one thing: following tens of thousands of people on Twitter and un-following tens of thousands of people on Twitter. That is it."
On January 13, 2011, Mr. Dayton was following 4,417 and had 41,049 followers.
On September 13, 2011, Mr. Dayton was following 8,613 but only had 41,203 followers in return.
During an 8 month period, it appears that Mr. Dayton increased the number of people he followed on Twitter from 4,417 to 8,613 (an increase of 4,196). However, during this time frame it appears that Mr. Dayton's number of followers has only gone up from 41,049 to 41,203. This is a net plus of a paltry 154 new followers. Are these the numbers of a bona fide social media strategist or evangelist?
Why would Mr. Dayton want to follow 4,000+ more people when he previously stated that he un-followed thousands of people because [he] was following so many people that [his] Twitter stream was filled with content that was at best irrelevant and at worse distracting? Could part of the answer be that Mr. Dayton is trying to keep at least 41,000 followers?
If you divide 4,196 by 154 it appears that Mr. Dayton may need to follow 27.25 people before 1 person will follow him in return. If you multiply 41,203 by 27.25 that equals 1,122,782. Therefore, it is possible that Mr. Dayton has had to follow 1 million plus people in order to receive only 41,000+ followers in return. Since Mr. Dayton's Twitter popularity is presumably at an all-time high now he may have previously needed to follow 30, 40, or 50 people before 1 person followed him back.
As I stated on April 18, 2011, I challenge Mr. Dayton to dispute my findings. If I was previously wrong Mr. Dayton would have publicly disputed me and/or threatened to sue me in the same manner that it appears he previously threatened lawyer Brian Tannebaum who pointed out some issues with Mr. Dayton's background.
Therefore, I want to reiterate, caveat emptor when hiring "experts". Don't be a sucker. At least perform a Google search to learn more about an "expert's" credentials. Just because someone calls himself/herself an expert and/or has a social media profile that appears "expert like" that does not make it so. As Malcolm Gladwell states, it takes at least 10,000 hours to master a craft.
To learn how to avoid violating the FTC Advertising Regulations 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 the FTC sought input for revising its guidance to business about disclosures for online advertising. I submitted a comment requesting that the FTC take action against those who are practicing Social Media Credential Fraud.
On April 18, 2011, I stated that non-practicing attorney/self-described social media evangelist Adrian Dayton has a Twitter account that appears to indicate that he has a rock star like Twitter following to follower ratio. In this post, I discussed how Mr. Dayton had previously talked about why he un-followed 47,000 people on Twitter. The reason he gave for un-following almost 50,000 people went something along the lines he no longer could focus on new followers or qualified prospects because they were lost in the noise.
At that time I stated: "Having to follow at least 54,533 people in order to receive only 41,026 followers in return is not very "expert like." Mr. Dayton's Twitter activity demonstrates that he is a social media expert at one thing: following tens of thousands of people on Twitter and un-following tens of thousands of people on Twitter. That is it."
On January 13, 2011, Mr. Dayton was following 4,417 and had 41,049 followers.
On September 13, 2011, Mr. Dayton was following 8,613 but only had 41,203 followers in return.
During an 8 month period, it appears that Mr. Dayton increased the number of people he followed on Twitter from 4,417 to 8,613 (an increase of 4,196). However, during this time frame it appears that Mr. Dayton's number of followers has only gone up from 41,049 to 41,203. This is a net plus of a paltry 154 new followers. Are these the numbers of a bona fide social media strategist or evangelist?
Why would Mr. Dayton want to follow 4,000+ more people when he previously stated that he un-followed thousands of people because [he] was following so many people that [his] Twitter stream was filled with content that was at best irrelevant and at worse distracting? Could part of the answer be that Mr. Dayton is trying to keep at least 41,000 followers?
If you divide 4,196 by 154 it appears that Mr. Dayton may need to follow 27.25 people before 1 person will follow him in return. If you multiply 41,203 by 27.25 that equals 1,122,782. Therefore, it is possible that Mr. Dayton has had to follow 1 million plus people in order to receive only 41,000+ followers in return. Since Mr. Dayton's Twitter popularity is presumably at an all-time high now he may have previously needed to follow 30, 40, or 50 people before 1 person followed him back.
As I stated on April 18, 2011, I challenge Mr. Dayton to dispute my findings. If I was previously wrong Mr. Dayton would have publicly disputed me and/or threatened to sue me in the same manner that it appears he previously threatened lawyer Brian Tannebaum who pointed out some issues with Mr. Dayton's background.
Therefore, I want to reiterate, caveat emptor when hiring "experts". Don't be a sucker. At least perform a Google search to learn more about an "expert's" credentials. Just because someone calls himself/herself an expert and/or has a social media profile that appears "expert like" that does not make it so. As Malcolm Gladwell states, it takes at least 10,000 hours to master a craft.
To learn how to avoid violating the FTC Advertising Regulations you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, September 10, 2011
September 11, 2001, Social Media Conspiracy Theories, and the Law
September 11, 2011 marks the 10th anniversary of the worst terrorist attack in U.S. history. On September 11, 2001, 19 terrorists affiliated with al-Qaeda attacked the United States without any provocation. Ten years ago, I was living several blocks away from the World Trade Center and I witnessed first hand the tragedy and aftermath of this cowardly attack against our country. Due to the destruction that was caused, I became displaced from my home.
To my generation, Sept. 11th means what December 7th meant to my grandfather's generation. As President Roosevelt stated during a joint session of Congress on December 8, 1941, December 7, 1941 is a date that will live in infamy. President Bush's first official address post the September 11, 2001 attacks summed up our country's initial reaction to this act of cowardice.
Even though it is well established through eyewitness testimony, the physical evidence, and litigation that Islamic terrorists were behind the September 11, 2001 attacks, there are multiple social media pages, posts, videos, websites, etc... that claim that the U.S. and/or its allies attacked the U.S. to promote a certain agenda. Popular Mechanics did a cover story that debunked the 9/11 conspiracy theories in 2005 and recently created a book based upon their research. The bottom line is that Popular Mechanics pokes holes through the fantasies of the conspiracy theorists. I know what I witnessed that day. All five of my senses experienced the horror of that day. I highly doubt any of the self-professed conspiracy theorists witnessed in person the events of that day.
Utilizing social media to promote debunked theories regarding the 9/11 attacks is what cowards do. I challenge 9/11 conspiracy promoters to prove their theories because none of the conspiracy theories would hold up in court of law.
To learn how to uncover social media liars and con artists you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
To my generation, Sept. 11th means what December 7th meant to my grandfather's generation. As President Roosevelt stated during a joint session of Congress on December 8, 1941, December 7, 1941 is a date that will live in infamy. President Bush's first official address post the September 11, 2001 attacks summed up our country's initial reaction to this act of cowardice.
Even though it is well established through eyewitness testimony, the physical evidence, and litigation that Islamic terrorists were behind the September 11, 2001 attacks, there are multiple social media pages, posts, videos, websites, etc... that claim that the U.S. and/or its allies attacked the U.S. to promote a certain agenda. Popular Mechanics did a cover story that debunked the 9/11 conspiracy theories in 2005 and recently created a book based upon their research. The bottom line is that Popular Mechanics pokes holes through the fantasies of the conspiracy theorists. I know what I witnessed that day. All five of my senses experienced the horror of that day. I highly doubt any of the self-professed conspiracy theorists witnessed in person the events of that day.
Utilizing social media to promote debunked theories regarding the 9/11 attacks is what cowards do. I challenge 9/11 conspiracy promoters to prove their theories because none of the conspiracy theories would hold up in court of law.
To learn how to uncover social media liars and con artists 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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