Tag: think before you post

  • Unsolicited Advice: Shut Up

    “zip your mouth and shut up” by pHotosHo0x from Flickr (Creative Commons License)

    As a lawyer, clients come to help prevent or resolve legal problems. It’s my job to explore the pertinent facts of the situation, explain the legal implications to my client, present their options, and make recommendations. The decision of what to do is ultimately the client’s choice. When your lawyer recommends that you refrain from speaking about a situation publicly, that may be their polite way of saying, “Shut up. Anything you say will likely make your situation worse.”

    What Not To Do
    Today’s example of what not to do comes from Robert Scoble. After several women publicly accused him of sexual harassment and/or assault, he released a blog post entitled “No, of that I’m innocent.” In this post he wrote:

    I have rejected my lawyer’s advice to not make a statement and in a spirit of healing I would like to address the issue head on with open and honest dialogue.

    I’m glad he admitted that he was ignoring his lawyer’s advice. He went on to state what he called the “actual truth of the allegations” against him, naming his accusers, and calling out alleged misbehaviors of his accusers in their encounters with him.

    If your lawyer is telling you not to talk about accusations against you, assuming you’re already in a hole. Stop digging.

    Scoble also claimed he could not have sexually harass any of these women because he was never “in a position where I could make or break their careers.” Umm…that’s not how sexual harassment works. It can occur outside an employment, professional, or financial relationship.

    Listen to Your Lawyer
    When I first meet with a client, I explain that lawyer-client privilege applies, meaning I can’t repeat what I client tells me. The reverse is not true. I can’t control what a client says or posts when they leave my office. If I tell them not to talk about their case, it’s because I think that’s what’s in their best interest. As a third party, I’m not emotionally enmeshed in the situation. I can see the forest for the trees when they can’t and help move them towards the ultimate outcome they seek, and avoid pitfalls in the moment.

    When it comes to internet posts, here are some of my general suggestions:

    • Think before you post.
    • Today’s righteous indignation may be tomorrow’s regret.
    • Ditto for drunken rants.

    The internet never forgets. One post can cost you your career, marriage, or reputation. Even if you delete a post you regret creating, you don’t know how many people saw, copied, or downloaded the post before you deleted it. And there’s probably a copy of that post on a server somewhere.

    If your lawyer advises you not to talk about something online or otherwise, don’t do it. There’s a good chance you’re setting yourself up for more pain in the future, and there are some bells that we can’t un-ring.

    If you want additional information about the legalities of social media, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. You can also contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list.

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    Ruth Carter

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  • Staying Out of Trouble on Facebook Live

    Selfie by Reyes Blanch from Flickr (Creative Commons License)

    Facebook Live is one of the more recent developments in live video streaming on the internet. When used properly, it’s a lot of fun to get a real-time glimpse into someone’s life or a breaking news situation. It has value, but it also has its place.

    The Same Rules Apply
    Legally speaking, the rules that apply to Facebook Live are the same rules that apply to live video apps. In 2015, I wrote a post about the legal dos and don’ts of Periscope. Those same rules apply to Facebook Live.

    The challenge with live video . . . is it’s live. You can’t edit a live performance, so if you do something inappropriate or illegal, assume someone saw it, recorded it, and you may have to face consequences for it later. If you’re not jumping on Facebook Live to show a newsworthy event in real-time, I recommend you take a minute or two before you go live to think about the scope of want to talk about, what topics or language are out-of-bounds, and when you’ll know to stop the recording. This is especially true if you’re distraught or experiencing extreme emotions. If you’re especially upset, it may be better to wait a few hours until you’ve calmed down or record your thoughts without being live.

    Playing Music on Facebook Live
    A friend asked about the legalities of playing music during a Facebook Live broadcast. The rules that apply to radio stations, retail stores, and cover bands apply to a person who is live streaming. If the music is not in the public domain, the copyright holder has the right to control where their music is copied and played. Facebook Live is likely a public performance, so even if you own a copy of the song for personal enjoyment, you can’t play it publicly without a license. In these situations, the only person who can come after you for infringement is the copyright holder. If they don’t know or don’t care about what you’re doing, you may never get in trouble. (Of course there is an exception for someone who uses Facebook Live to give commentary or criticism of the music – that may be protected by fair use.)

    Think Before You Post
    As always, think before you post/broadcast yourself. Once you put something out there, you can never fully take it back. What seemed like a good idea in the moment may be tomorrow’s regret, with long-lasting implications. Last summer we saw the disturbing Facebook Live video of a Georgia mother beating her 16 year-old daughter. The woman wasn’t charged with assault, but I wonder what will happen the next time she applies for a new job and the news stories (with video) from this incident dominate the results when prospective employers search for her name.

    These are my rules of thumb when it comes to posting anything on the internet:

    1. Don’t post anything online that you wouldn’t put on the front page of the newspaper.
    2. Assume everything you post will be seen by four people: your best friend, your worst enemy, your boss, and your mother. If you don’t want to one of those people to see what you’re thinking about posting, don’t say it.

    The laws that apply to the internet is an area of law that is constantly developing as cases are decided and new statutes are added to the rule book. If you want additional information about the legalities of social media, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. You can also contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

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    Ruth Carter

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  • Summer Social Media PSA for Teens & Tweens

    Texting by Jhaymesisviphotography from Flickr (Creative Commons License)
    Texting by Jhaymesisviphotography from Flickr (Creative Commons License)

    Summer is officially here! It’s hottest than Hades in Phoenix and the kids are out of school until August. I suspect that a lot of teens and tweens have a lot more free time than during the school year and they might be spending much of it glued to their cell phones and tablets. Here are my recommendations for having a summer without social media-based regrets:

    Think before you post.

    Think before you text.

    Think before you chat.

    Think before you tweet.

    Think before you snap (a photo).

    Think before you shoot (a video).

    Think before you send (anything).

    Remember, that there is a permanent record of everything post online or send to another person. You never know when someone is going to forward, download, screenshot what you thought was only going out to a small group or contained in a person-to-person communication. What you post or send doesn’t have the same emotional impact when we can’t hear the inflection in your voice or facial expression (especially sarcasm). You never know how a post will be interpreted out of context. What you thought was justified or funny in the moment may have long-term effects for you. (Just ask Justine Sacco – with one tweet she lost her job and appeared to anger the entire planet.)

    Carter Law Firm's Postcards

    These are my two rules of thumb regarding the internet:

    1. Don’t post anything online that you wouldn’t put on the front page of the newspaper.
    2. Assume everything you post online will be seen by four people: your best friend, your worst enemy, your boss, and your mother. If you don’t want someone to see what you’re thinking about posting, don’t put it out there.

    These rules also apply to emails and text messages.

    For anyone who is applying for jobs or college, those decision makers may be looking you up online. You want to be sure that what you post online is congruent with how you present yourself in-person or on paper. You don’t want to appear irresponsible or that you lack good judgement.

    I’ve had to read the riot act to a teen who misbehaved online, and I would be happy to do it again if it means I can help prevent someone from posting something they’ll regret later. If you want to chat more about social media dos and don’ts, please contact me or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

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    Ruth Carter

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  • Man Convicted of Running a Revenge Porn Site – What This Means For You

    Cell Block D by Sean Toyer from Flickr (Creative Commons License)
    Cell Block D by Sean Toyer from Flickr (Creative Commons License)

    Last week a San Diego court convicted 28 year-old Kevin Bollaert of 27 felony charges including identity theft and extortion for running multiple revenge porn websites. He could face up to 20 years in prison. Here’s how the sites worked: people would post nude photos of their former lovers (often with the victim’s name, city, and a link to their Facebook profile) and the victims could get the images removed, if they paid a fee. These sites have since been taken down.

    Prosecutors described Bollaert’s sites as a business based on blackmail. At the trial, several victims testified that they were humiliated and faced other repercussions because their images were posted on these sites without their consent. This appears to be the first conviction for an operator of a revenge porn website, but hopefully it will not be the last. The article did not state whether any of the people who posted the revenge porn images in question have also faced criminal charges or civil lawsuits.

    This case should serve as a warning to anyone who is operating a similar website. If you encourage people to post revenge porn and charging the people in the images to get them removed, there is now legal president that this is a type of extortion.

    This is also a legal gray area. It’s one thing to create a platform where people can post images and stories on your site, activities that are often protected by the First Amendment and copyright laws; but the person creating the posts could cross the line into invasion of privacy, cyberharassment, and revenge porn depending on the material posted. Depending on the circumstances, the owner of the site could also face criminal or civil liability, but often times simply providing a platform is not enough to hold the site’s owner responsible for what other’s posts unless there is additional evidence that implicates them.

    I’ve been getting more questions recently about people who are being threatened with revenge porn where the image or video hasn’t been posted yet. Sometimes I’m unsure if it’s a situation where the would-be poster is saying, “I’m going to post your nude photos online” or trying to use the images as way to manipulate the person by saying, “If you don’t do XYZ, I’m going to post your nude photos online.” I’m conversing with the Phoenix Police Department about this issue to better advise my clients who are in this situation.

    If you suspect you’re the victim of revenge porn, call your local law enforcement agency. I do not blame the victims in these situations, but I caution people, especially young people to think before they create or send sexually explicit material. If any of this content is released on the internet, you have no control over who might see it, share it, download it and even if you can get the original removed, it could still be out there on other sites. When in doubt, don’t send naked selfies, take intimate photos in the bedroom, or create sex videos. If you’re thinking about posting revenge porn, don’t.

    If you have questions or want to chat more about these issues, feel free to connect with me on Twitter, Facebook, LinkedIn, or you can send me an email.

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    Ruth Carter

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  • Unsolicited Advice: Be Careful at Holiday Parties

    Self-Portrait, Christmas-Style by jimw from Flickr (Creative Commons License)
    Self-Portrait, Christmas-Style by jimw from Flickr (Creative Commons License)

    Back when I was in high school and college, there was always one friend at every party who brought a camera and a few days after the party that people would be confronted with the evidence of the stupid things they did the previous weekend. I was lucky because this was back in the days of film. If the person only had one roll of film, they only had 24 chances to capture footage from the party so they would be more thoughtful about what they captured. And they knew the pictures would be processed by a person so they rarely shot anything that would get them into trouble.

    Those days are long gone. Now everyone has a smartphone with a built in camera and video camera in their back pocket. If there is a moment worth capturing at a party, it will be recorded, probably by multiple people. And then it will be posted on Facebook, Twitter, Instagram, etc. 30 seconds later, before the poster really has had a chance to think through whether they should be sharing that image or video with the Internet-accessible planet. If they decide later to delete the post, who knows how many times it will have been seen, shared, downloaded, and what that effect might be (on everyone involved).

    The holiday season is upon us. Between now and New Year’s there will be copious gatherings, parties, and other frivolity. A lot of people will be drinking and making asses of themselves while under the influence. If that’s you, you may want to take it easy because you don’t know and usually have no control over whether someone will take a picture of you or where it will end up.

    If you’re that guy who is swift to whip out their phone to snap a photo of your buddy or random strangers doing stupid things, think before you shoot and share. It might be funny in the moment, but it could have dire consequences for the person in the photo. And you might look like a thoughtless jerk for being the person who took and shared the photo in the first place.

    Remember – just because you’re in a photo it doesn’t mean you own it or have any say over where it is published.

    Have a safe and happy holiday season! If you want to chat with me about this or any other topic, you can connect with meTwitter, Google+, Facebook, YouTube, LinkedIn, or you can email me.
    You can also subscribe to the Carter Law Firm newsletter.
    Please visit my homepage for more information about Carter Law Firm.

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    Ruth Carter

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  • Don’t Post Stupid Stuff Online

    Gestures by Tuppus from Flickr

    When I was a kid, I had a shirt that said “think” across the chest and “act” across the back. There was tiny print around the bottom hem that had a series of statements that said “think before you ________.” The shirt’s message was, “Think before you act.” If the company made this shirt today, they should modify the design to say, “Think before you post.”

    Think B4 U Post by Mister Norris from Flickr

    It blows my mind how much stupid shit people post on the internet, and most of the time, you can tell they do it because they think it’s funny in the moment and they don’t think it all the way through. Before you post anything on the internet, regardless of what it is and where you’re putting it, ask yourself 2 questions:

    1. What’s the worst thing that could happen?
    2. How many ways could this blow up in my face?

    We all know how fast an internet post can spread like wildfire. Look at this post by a girl who lost her hat that she got from her mother who died of cancer at the Phoenix airport. I’m sure tens of thousands if not hundreds of thousands of people have seen it. I hope she gets it back. This post went viral because her story touched people’s hearts, but other posts go viral because they’re so offensive.

    Always beware of the court of public opinion. You can look like a massive ass on the internet without doing anything illegal. If you do that, be ready for your reputation to be tarnished. That offensive post could easily become the number one result when someone Googles your name, which will hurt your professional and personal lives.

    And if you make an offer in a post that is believable, don’t be shocked if someone accepts it. If you post on Facebook, “I lost my phone in a cab in NYC. I’ll give $10K to whoever returns it.” You better get your checkbook out when you get it back or you might find yourself in court for breach of contract.

    If you post something on the internet and it garners strong negative reactions, there isn’t much you can do if you don’t like it unless they cross the line into the realms of invasion of privacy or defamation. The only thing you can really do at that point is damage control.

    Carter Law Firm’s Postcards

    If you post something online and regret it after the fact, deleting it may not be enough to save you. Once you put something out there, you can’t control how many times it will be downloaded, shared, re-posted, and re-tweeted. It only takes a few seconds to create a post, but you may be living with the consequences forever.

    The take away lesson: Think before your post…really think. Don’t put anything online that you wouldn’t put on the front page of the newspaper.

    You can connect with me via Twitter, Google+, Facebook, and LinkedIn, or you can email me.
    Please visit my homepage for more information about Carter Law Firm.

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    Ruth Carter

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