Posts Tagged ‘social media’

London Tweeting: The Crown Prosecution Service Talks Twitter

Thursday, May 10th, 2012

Flag of the U.K.A worthwhile article from the U.K.:

Social media and the law – How to stay out of trouble when using Twitter and Facebook

The story points up the many differences between the U.S. and U.K. when it comes to freedom of speech. Tweeting can quite easily constitute a crime in the UK, whereas the First Amendment in the U.S. makes it near to impossible to go to jail for a tweet.

Frank Ferguson, district crown prosecutor from Norfolk County in the East of England, identifies three types of social-media crime cases:

“Firstly, where people have committed an offence through abusing or bullying someone else, so that could be harassment or racism.

“Then we have the types of postings where the message results in an offence, such as someone is having a party, thousands turn up and criminal acts follow at that party.

“Thirdly we have seen many cases where someone has committed and offence and then goes on to social media to brag about what they have done. This is an example where it can help us to track someone down.”

Not that the first category of speech – with more – can’t constitute a crime in the U.S. because of the broad application of the First Amendment.

Also, as discussed in the article, a civil libel case in the U.K. can ruin a defendant - especially if the plaintiff is wealthy and the defendant lacks resources. It’s not just the judgment, it’s the U.K.’s loser-pays-the-attorneys-fees rule. In the U.S., with everyone bearing their own legal costs, plus with the First Amendment hurdles to libel actions, the specter of civil libel liability is much lower.

Michelle Sherman on E-Discovery Applied to Blogs and Other Social Media

Wednesday, January 26th, 2011

Sheppard Mullin is one of those law firms that went full tilt on blogging as a means of rainmaking. They’ve got a ton of blogs. Not all of them are updated much. But their Social Media Law Update Blog is good stuff.

Michelle Sherman, an of counsel in the firm’s LA office, who has an interesting bio, has a post on how e-discovery rules apply to social media, including blogs. She recommends building off your e-mail policy as a starting point and checking regulations that are specific for your industry.

By the way, what’s interesting about her bio? She quit as a partner at Sheppard Mullin to do a year as an assistant public defender to do more trials. She then came back to an interesting mix of litigation and corporate advising.

Ha’p @kisbell.

WSJ on Employers Stepping on Social Media Mines

Friday, January 21st, 2011

Wall Street Journal logoFor a long time there’s been a lot of talk about how employees and job candidates are hurting themselves by posting to blogs, Facebook and Twitter. But, as The Wall Street Journal notes in a story today by Jeanette Borzo (page B6 in print), employers are increasingly causing a mess for themselves by way of social media too.

The American Medical Response case has a hearing next week, the WSJ reports. There, the employer is accused of violating federal labor law for terminating an employee based on postings to Facebook.

The WSJ article also discusses the case of restaurant managers of Hillstone Restaurant Group in New Jersey who broke into a password-protected MySpace page that employees had set up. The employees were using the MySpace page to gab about work. The restaurant group was sued for violating the Stored Communications Act, a federal law, and was ordered to serve up $3,403 in back wages and $13,600 in punitives. The suit was eventually settled pending appeal.

Now, on a bit of a sidenote, I thought it was noteworthy that the Wall Street Journal article disclosed the following:

(Myspace is a unit of News Corp., which also owns The Wall Street Journal.)

Isn’t that a little surprising? I mean, I of course know that Rupert Murdoch bought MySpace for half a billion dollars a few years ago. I just didn’t know that MySpace still existed.

Ha ha. And while we’re on that invective tangent, here’s Ross Pruden on how Facebook vanquished MySpace. Interesting business-managementy stuff.

(By the way, I’ll confess I’m a little loathe to link to a Wall Street Journal article when I know that they may dump it behind their paywall any minute. I’ve avoided the WSJ in the past because of that. But I’m letting it go this time.)