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Posts tagged: e-bill of rights

Sep 22 2009

NBC TV: John W Dozier Jr on Social Media

I commented on the Virginia MySpace mass murder here: MySpace Mass Murder. The alleged perpetrator was captured in Richmond.

With that background, view the Richmond, Virginia NBC TV interview with John W Dozier Jr on the subject of placing controls on social media content. It’s really an issue of removing controls put in place by Congress through Section 230 of the Communications Decency Act and allowing online premises (like social networks) to make their own self policing decisions. Today they cannot do so without placing at risk their immunity from civil liability. Here’s the clip: MySpace Policing.

Sep 03 2009

Harvard Journal Attacks Reputation Management Industry

Google Bomb discusses reputation management companies and search engine optimization techniques for combating defamatory attacks in detail. The chapter on the top ten steps you can take to build up your own online reputation is probably the most valuable prescription in our book.

Now the Harvard Journal of Law and Gender is coming out with this 45 page diatribe: Internet Defamation As Profit Center: The Monetization of Online Harassment. It is a veritable attack on specific reputation management companies and the industry as a whole. Here is the gist:

“First, these companies have economic incentives to foster conditions online that perpetuate acts of online harassment, as the more harassment there is online, the greater the number of potential clients. These companies are also incentivized to create fora with hostile climates and to stir up trouble themselves.”

JWD THOUGHTS: Police are incented to incite lawlessness, doctors motivated to spread illness and disease, and firemen encourage arsonists? (And I guess law professors encourage legal disputes and illegality and corruption and crime so they can have full classes of new lawyers to meet an ever increasing demand.) Geez.

“Second, these companies have economic incentives to oppose legal reforms that might enable online defamation and harassment victims to seek recourse from law enforcement agencies or through the courts.”

JWD THOUGHTS: First, I know them. They have no political strength and will not even have a seat at the table. And since the author targets Michael Fertik and Reputation Defender, I will note that although I do not know Michael, he wrote the foreword to Google Bomb. Our book is chock full of calls to action to change the laws. The absurdity of this argument is self evident.

“Third, though they cloak themselves in the mantel of protectors of the innocent, their real agenda is to sell their services to wealthy corporations and individuals for far more nefarious purposes; to help bad actors hide negative information about themselves.” <

JWD THOUGHTS: Some of this goes on, just like in PR firms in the offline world, and in business marketing groups, but the benefit of protecting children, families, loved ones, and small businesses from devastating false attacks far outweighs this minor problem of true facts becoming buried and hidden. And it is not their “real agenda”. Although the part about selling services to wealthy corporations and individuals is true. You will find not a speckle of socialism in the motivation of any of these private enterprise, free market driven businesses fueled by capitalism. God bless America.

Clearly the law professor author has a very narrow view of the industry, and nothing to suggest in her background any real understanding of the industry other than what she read about it. If you tried to come up with arguments against having businesses provide reputation consulting and management services, these would be the three most convincing arguments. But that is not saying much, since none are convincing in the least. I’ve had some harsh words over the years for the Harvard crowd pushing a far left, radical, free speech expansionist view of the world from the ivory towers. And it is not like I praise the reputation management industry in the book. I even tell you what they do and how easy it is to do it yourself. But this article seems like just more of the same from Harvard. Attack the defenses available against the defamatory attacks that are crippling our society and ignore the very notion of a balanced perspective.

As for Dozier Internet Law, over half of our law practice is protecting victims from online attacks. The problems will all but go entirely away if my suggestions in Google Bomb for immediate legislative changes are embraced. What’s my “real agenda”? To lose half of our law firm business overnight?

The question is…what is your “real agenda”, Ms. Bartow?

And what is your “real agenda”, Harvard? Oops. I almost forgot. We already know about Harvard and all of those radical free speech expansionist groups under its umbrella. A little balance would be nice. For once.

Let’s hope no one takes this article seriously.

Aug 24 2009

Brand New Privacy Threat: Federal Court Documents

First: A Firefox plugin is rolled out that automatically downloads to a free public archive all documents that a lawyer or other consumer uses. The access charge for each document averages around 8 cents.

Second: Public Citizen’s lawyers start using it to circumvent having to pay the charge per document view and provide greater and free access to information.

Third: The Federal courts respond with a very weak, obtuse warning about the plug-in in an apparent attempt to discourage its use.

Fourth: The contractor and vendor and Federal Court system budget relies upon the 8 cents to run the system. Without it, the “PACER” system will likely be decommissioned and no one will have online access to the court files.

Paul Alan Levy of Public Citizen blogs about the issue and makes fun of the Federal Court’s position on the use of the plug-in. Well, I suggest the federal courts modify their user agreement to prohibit the use of the plug-in and then deal with this as a contract and Computer Fraud and Abuse Act unauthorized access matter. It’s another attack on our legal system and on our adminstration of justice by Public Citizen. First attack the lawyers, then the Judges, now the Court system itself. It’s the bully effect in action. And as you read Google Bomb and learn about Public Citizen and Paul Alan Levy, this latest development will unfortunately come as no surprise.

And given my comments in the book about the role law professors are playing in the free speech expansionist movement and attacks on property rights, it will likewise come as no surprise that this tool was developed and made available by the Princeton University team headed up by Edward Felton. Mr. Felton, a computer science and public affairs professor at Princeton University and is the Director of The Center For Information Technology Policy. He has blogged on the controversy and attempts to justify the circumvention of the billing process but wholly fails to recognize that the cost of developing the PACER system is paid back over time through revenue derived from the system usage. It’s no surprise that those who reside in the Ivory Towers of academia have little understanding of the economics of business. Even when that business is technology and you are a computer science professor.

And this new open and free access to documents certainly opens up all kinds of privacy threats that did not exist when people actually had to register to see documents and information, often personal in nature, in court filings. See the chapter in Google Bomb titled “Information Yearns To Be Free: Protecting Evidence in Litigation”.

Aug 24 2009

Courts Rejecting Conspiracy Claims

In Google Bomb I discuss the situation in which competitors go onto a website and act like a customer of a busines. They post derogatory comments about the competing business or its products or services.

In a recent Federal case, the court rejected claims made by the targeted victim against the website based upon conspiracy claims. This decision was consistent with a number of other cases alleging “aiding and abetting” and “conspiracy” in order to try to get around the immunity protections of Section 230. A law, by the way, that is discussed extensively in the book.

The case is Cornelius v. DeLuca, 2009 WL 2568044 (E.D. Mo. Aug. 18, 2009)

DeLuca runs bodybuilding.com, a fitness website and online retailer, and the posts were on its site. I suspect absent a showing of direct involvement in the posts, sites are going to be able to avoid liability for the posts of third parties. That is the message in Google Bomb, and it is incrediblly difficult to discover the involvement of a site in the drafting of defamatory comments absent legal discovery. Which will never occur as long as Courts are dismissing these cases at the onset. Thus the problem.

There is a chapter devoted to product review and comparison sites in Google Bomb.

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