From the #MoronFiles | Note to Dabblers: When in doubt, refer it out!

PRELUDE: 

Without getting into too much detail, let’s just say that I see all kinds of crazy stuff in my line of work. Some of the things that come across my desk make me frustrated with society and you probably know that I blog about Fighting Fair on the Internet because of the things that I see.  In addition, sometimes the things that I see that frustrate me include others that are part of my profession. Like any profession, there are certain shit bags (okay, maybe they aren’t all shitbags…just most of them) out there that give us lawyers a bad reputation and quite frankly, it pisses me off.

Some things that I see warrant a full blog article – so I write those.  Others just warrant a short mention because I find the conduct both outrageous AND funny.  I’ve decided to start a collection of true stories, with some identifying facts modified so I don’t have to deal with the psychos, and will be continually adding more of those to the #MORONFILES for your reading pleasure:

09/10/2018 #MORONFILES ENTRY:

If you are a lawyer and your website boasts that you are the top “insert any law practice not having to do with civil internet defamation matters here” and that is ALL that it is listed that you practice on your website…perhaps you should stick with what you know.  More often than not, dabbling makes you look like an unprofessional asshole to those who do practice in the area you are dabbling in and you are really doing a disservice to your client.  Don’t get me wrong, I’m all for learning new areas of law…  I wouldn’t be doing what I am doing but for me learning new stuff…but I could do reasearch on my own and I also found mentors.  And if you don’t have a mentor, you should be damn smart enough to conduct basic research first before you go sending your little nasty grahams.  Have a leg to stand on for crying out loud!  Be smart enough to know what you don’t know.  When in doubt, refer it out!

So client gets a letter from a law firm, from a foreign jurisdiction (but not THAT foreign – like this country likes to cite to our case-law on occasion) that basically provides the run of the mill demand letter and threat of litigation if the client doesn’t comply.  Sounds rather standard; so what’s the problem?  This particular lawyer has not a f*cking clue what he/she is talking about.  This is evident by the fact that they cited to a local statute that would ONLY make sense if it was filed some 2+ years ago…and if they applied to someone OTHER than this particular client. *Sigh*

I don’t care what area of law you practice in – claims have some sort of statute of limitations.  If your law school education didn’t teach you that – go get your damn money back!  It’s basic legal analysis 101.  If you are going to make a demand, you should probably look that up first to see if your threat of litigation is going to make you look like a tool or not by being outside of the statute of limitations for the claim you are asserting. Now, I know that some attorneys argue that it is okay to bring a claim that is outside of the SOL and wait to see if the Defendant raises that defense.  I do not subscribe to that kind of lawyering and some State Bar opinions are with me on this.  Second, you should see if such liability actually even extends to the person/entity that you are threatening…and if your own jurisdiction didn’t just create some law that is totally opposite of the position that you are trying to pursue.  Yeah, because I can do research too…and that happened here. *Asshat*

This is a prime example of a person/firm that I won’t forget…and it is a person/firm that I would NEVER refer anyone to…because they have already proven they don’t do necessary research to adequately advise a client.  That is true of anyone who makes my #MoronFiles list (the list is getting longer by the day – though I don’t write about them all).  This is why I think it’s important that clients and lawyers understand statute of limitations and other pertinent aspects that should be contemplated before sending such threats.  It’s not just your client that is watching you (and that you could be harming by wasting their resources)…so are others in the profession.  I remember who are above-board and who aren’t…and I’m happy to refer to colleagues in the space, even if they are opposite of a client of mine, if they show professionalism.  To be clear, this isn’t the first of it’s kind…just felt like venting regarding this one today.

Until next time friends!

 

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Section 230 is alive and well in California (for now) | Hassell v. Bird

Last week, on July 2, 2018 the Supreme Court of California overturned rulings that arguably threatened the ability for online platform users to share their thoughts and opinions freely by ruling in favor of Yelp in the hotly contested and widely watched Hassell v. Bird case.

For those that aren’t familiar with the underlying facts, I offer the following quick background:

In 2014 a dispute arose between California attorney, Dawn Hassell and her former client, Ava Bird when Bird posted a negative review of Hassell on the popular business review site, Yelp.  Hassell claimed that the content of the post was, among other things, defamatory and commenced an action against Bird for the same in the Superior Court of the County of San Francisco, Case No. CGC-13-530525. Bird failed to appear, and the Court entered a default order in favor of Hassell.  There is question as to whether Bird was actually served.  In addition, the court ordered Yelp, a non-party to the case who did not receive notice of the hearing, to remove reviews purportedly associated with Bird without explanation and enjoined Yelp from publishing any reviews from the suspected Bird accounts in the future.  Yelp challenged this order, but the court upheld its ruling.

Hoping for relief, Yelp appealed the decision to the California Court of Appeal, First Appellate District, Division Four, Case No. A143233. Unfortunately for Yelp, the Appellate Court offered no relief and held that: Yelp was not aggrieved by the judgment; the default judgment which including language requesting non-party Yelp to remove the reviews from the website was proper; that Yelp had no constitutional right to notice and hearing on the trial court’s order to remove the reviews from the website; that the order to remove the reviews from Yelp and to prohibit publication of future reviews was not an improper or overly broad prior restraint; and that the Communications Decency Act (“CDA” or “Section 230”) did not bar the trial court’s order to remove the reviews.

The Appellate Court’s ruling was clearly contrary to precedent in California and elsewhere around the country. Yelp appealed the matter to the California Supreme Court, Case No. S235968, to “protect its First Amendment right as a publisher, due process right to a hearing in connection with any order that targets speech on Yelp’s website, and to preserve the integrity of the CDA” according to the blog post written by Aaron Schur, Yelp’s Deputy General Counsel. While Yelp led the charge, they were not left to fight alone.

The internet rallied in support of Yelp.  Dozens of search engines, platforms, non-profit organizations and individuals who value the free sharing of information and ideas contributed amicus letters and amicus briefs (I co-authored an amicus brief for this case) in support of Yelp, including assistance from those like UCLA Law Professor and Washington Post contributor Eugene Volokh and Public Citizen Litigator, Paul Alan Levy, whose work spotlighted the ease in which bogus court orders and default judgments are obtained for the sole purpose of getting search engines like Google to de-index content.  In case you are wondering, bogus court orders and false DMCA schemes are indeed a real problem that many online publishers face.

On April 3, 2018 the California Supreme Court heard oral argument on the case. On July 2, 2018 the Supreme Court released its 102 page opinion in a 3-1-3 decision (three on a plurality opinion, one swing concurring, and three dissenting via two opinions) holding that Hassell’s failure to name Yelp as a defendant, an end run-around tactic, did not preclude the application of CDA immunity.  The court clearly stated “we must decide whether plaintiffs’ litigation strategy allows them to accomplish indirectly what Congress has clearly forbidden them to achieve directly.  We believe the answer is no.” Based upon this win for the Internet, at least for now, online publishers in California (or those who have had this case thrown at them in demand letters or pleadings since the original trial and appellate court rulings) can breathe a sigh of relief that they cannot be forced to remove third-party content.

Aaron Shur made an important statement in concluding the Yelp blog post “…litigation is never a good substitute for customer service and responsiveness, and had the law firm avoided the courtroom and moved on, it would have saved time and money, and been able to focus more on the cases that truly matter the most – those of its clients.”  It’s important in both our professional and personal life to not get stuck staring at one tree when there is a whole forest of beauty around us.

While this is indeed a win, and returns the law back to status quo in California, it does raise some concern for some that certain comments in the opinion are signaling Congress to modify Section 230, again (referring to the recent enactment of FOSTA).  Santa Clara Law Professor, Eric Goldman broke down the Court’s lengthy opinion (a good read if you don’t want to spend the time to review the full opinion) while pointing out that “fractured opinions raise some doubts about the true holding of [the] case.”  The big question is where will things go from here?  Indeed, only time will tell.

Citation: Hassell v. Bird, 2018 WL 3213933 (Cal. Sup. Ct. July 2, 2018)

Five Benefits to Keeping Your Business Lawyer in the Loop

Let’s face it, the word “lawyer” for many is akin to a four letter expletive that people are offended by. Typically because it reminds people of getting sued and/or having to shell out, often unexpectedly, loads of cash that they rather have spent elsewhere…like on a vacation.  Similarly, like in all professions, not all lawyers are created equal, and not all lawyers really have their client’s financial interests at heart – after all, being a lawyer and having a law firm is a business. I personally pride myself on NOT taking advantage of my clients…giving them direction on how they can do things themselves and helping only where they REALLY need/want it…but after 18+ years in the legal field, I know that not all lawyers share my same client-friendly mindset. It is no wonder that people cringe at the thought of having to use a lawyer.

Lawyers don’t have to be a thorn in your side through.  In fact, a good lawyer can be a business’s greatest adviser and advocate – keeping in mind that a job of a lawyer is to tell you what you NEED to hear which can sometimes be very different than what you WANT to hear. All businesses should have a lawyer or two that they keep in regular contact with and it should be part of your regular business operating budget.

Before you go thinking I’m crazy, here are a few reasons that keeping your lawyer updated on the goings on of your business is advantageous:

  1. Lead Generation: Your lawyer can often be your biggest cheerleader (and lead generator) for future customers. Chances are your lawyer is tapped into many different networks.  You never know when someone they know will need your business’s products or services and a solid referral from your lawyer could be future revenue in your pocket.
  2. Idea Generator: An attorney that understands you, your business, and your goals can be an invaluable asset when it comes to creative thinking.  Brainstorming on new ideas with your lawyer may prove to be helpful in that they may be able to think of concepts outside the box for your business that you may not have already thought about.  What if that lawyer helps you generate the next million dollar idea?
  3. Cost Cutting: One thing that many lawyers are good at is organizing and streamlining processes – it’s part of the way we think.  What if your lawyer was able to give you ideas on how to streamline an existing process that will considerably help cut costs moving forward?  If a few hundred dollars for your lawyer’s time on the telephone could save you thousands of dollars in the next year, wouldn’t you do it?  Sure you would.  You’d be a fool not to.
  4.  Risk Mitigation: When you brainstorm with your lawyer on a new business concept, they can often help you plan your road-map to reach your goals and help you navigate around pitfalls that you might not even think about.  For example, when clients come to me talking about setting up a new business I always ask them the business name and ask if they have considered any reputation issues with that new business name.  The same goes for contracting issues, employee issues, etc. To that end as well, there is a LOT of bad information being circulated around on the internet. Indeed it is wise to conduct your own research but don’t you think it prudent to have your research double-checked by someone who knows where to actually find the correct information when it comes to the law? As Dr. Emily So once said, “better information means better ideas, means better protection.”
  5. Cost Effective: It is a lot cheaper to keep your lawyer up to speed on your business as it grows, even if through a short monthly 15 minute call, than it is to try and ramp your attorney up (trying to teach them everything about your business, including policy changes and the like in a short amount of time) when you suddenly need advice in order to be reactive to a situation – like when you are named as a defendant in a lawsuit.  When you are named as a defendant in a lawsuit, you typically only have 20 days (varies by court and jurisdiction) from the date that you are served with a complaint in order to determine what your defenses are and what sort of a response you will need to file.  That process becomes a whole lot easier if your attorney already knows about you, your business, it’s policies and procedures, etc.  It is also easier to to budget in a few hundred dollars a month to keep your attorney up to date then to get smacked with a request for a $20,000.00 retainer, most of that potentially being eaten up just “learning” about your business, and then having subsequent large litigation bills.

As you can see, there are many reasons to regularly communicate with your attorney and hopefully you would find it more advantageous and beneficial than paying your monthly insurance bill. As Benjamin Franklin once said, “an ounce of prevention is worth a pound of cure!”

If you are in the state of Arizona and are looking for that solid “friend in the lawyering business” consider Beebe Law, PLLC!  We truly enjoy helping our  business clients meet and exceed their goals!  Contact us today.

All information contained in this blog (www.beebelawpllc.blog.com) is meant to be for general informational purposes only and should not be misconstrued as legal advice or relied upon.  All legal questions should be directed to a licensed attorney in your jurisdiction.  

 

So You Want to Run a Website: Common Risks When Hosting Third-Party Content

It seems like EVERYONE today has a website.  Whether it be a personal blog to a full scale business – websites are how people “find” and often “interact” with you today.  However, just like any business, it doesn’t come without risk.  This article will address a few of the most common areas where a website operator can incur liability if they want to host third-party content (i.e., you want to allow people to post and/or comment on postings).

To begin with, as I have referenced in my prior articles regarding Troubles with Defamatory Online Reviews and Content ScrapersThat Would be Harsher Punishment for internet Defamers StanWhy Google De-Indexing May NOT be an Effective Reputation Management Solution, etc., at least in the United States, the federal law often referred to as the Communications Decency Act, aka Section 230 or the “CDA” generally immunizes websites from third-party content.  In layman’s terms, this means that an internet service provider, such as a website, is not typically liable for content written by a third-party.  That does NOT, however, mean that you don’t have to be cautious.  In fact, the intricacies of the law surrounding the CDA can be quite complex.  It would be tragic for an unsuspecting business to be sued into bankruptcy over preventable little mistakes.

The following are a few common areas of potential liability:

INTELLECTUAL PROPERTY:  Intellectual Property, including claims of Copyright and Trademark Infringement are NOT barred by the Communications Decency Act.  If a third-party puts content on your website that infringes on someone else’s Copyright or Trademark, you could be held liable.

DEVELOPING CONTENT:  Depending on how you solicit and/or edit a third-party’s content you could be held liable.  Many of plaintiffs have argued against website’s editorial decisions or even what sort of requirements/fields are built in for website users to enter information into, can take them outside of the protections of the CDA.

If you are considering starting up a new website or a business with an existing website it is wise to take these matters into account at the very beginning, or as soon as otherwise practicable.  Moreover, individuals and businesses are wise to consult an internet lawyer that practices in internet law when beginning to lay out their business plan for their website.  A consultation fee now can save you THOUSANDS in the long run.

Until next time friends…

All information contained in this blog (www.beebelawpllc.blog.com) is meant to be for general informational purposes only and should not be misconstrued as legal advice or relied upon.  All legal questions should be directed to a licensed attorney in your jurisdiction.  If you are in the state of Arizona, and seeking consultation in the area of infringement relating to Copyright, Trademark, or other risks associated with being a website and hosting third-party content, contact Beebe Law, PLLC today.

 

 

 

 

Why Google De-Indexing May NOT be an Effective Reputation Management Solution.

What reputation management companies should know, defamation lawyers probably already know, but clients either aren’t being warned about or the clients are willing to try it anyway…

So your client comes in and complains that someone defamed them on the internet.  You put on your Super Lawyer cape and rush in to save the day.  No problem, you’ll walk through the litigation, get a court order that tells Google to remove, block or otherwise de-index the content from their search engine and, viola!  Problem solved, right?  WRONG.

While I sort of eluded to these issues in my blog article troubles with defamatory online reviews and content scrapers, just because search engines like Google will agree to de-index (which arguably, at least in the United States, they are under no obligation to do thanks to Section 230 of the Communications Decency Act) doesn’t mean that the content goes away.  Indeed, it remains alive in many ways:

  1. The complaint that you filed, which contained the alleged defamatory language and or copies of the alleged defamatory postings is STILL part of the public court record and, in theory, always will be – most of which is accessible online;
  2. The website that hosts the alleged defamatory content may refuse (rightfully under the current US laws) to remove the content regardless of whether or not it is found to be defamatory;
  3. Google might “de-index” but they pretty much give people a road map on where to find the information via the Lumen Database and provide, where applicable, the supporting documents like a court order which, if people are smart and interested, they can find more information about the litigation through court records; and
  4. Under most privilege laws, one could write a story about the court case, even repeating verbatim the defamatory language right out of the court record, without penalty.

Indeed, if you search out a particular name in Google, and you see, at the bottom of the search results a statement about the matter having been removed from the search engine links, chances are, someone had information removed for some reason.  Typically a link to the Lumen Database is provided by Google and parties can click on that link to learn more about why the information was removed and what links were subject to being removed from the search results.

Depending on the situation, this “de-indexing” may not even last that long.  All a website has to do, if they were so inclined, is to update the URL and that would render the original URL de-index essentially useless.  The party who submit the information would then have to go back and try again by either getting another court order or resubmitting what they have to Google again – but then it could become a game of whack-a-mole and for what? The information is STILL available anyway.

I completely understand wanting to find a solution for relief for those that have genuinely been harmed online but I think there needs to be a shift from trying to bury and cover things up to providing A LOT more education regarding these issues (why people should be leery of what they read online, ways to not get themselves into these problems in the first place, constructive ways of handling issues) and perhaps, as I said recently, come up with harsher punishment for internet defamers.

Until next time friends…

All information contained in this blog (www.beebelawpllc.blog.com) is meant to be for general informational purposes only and should not be misconstrued as legal advice or relied upon.  All legal questions should be directed to a licensed attorney in your jurisdiction.

 

Fighting Fair on the Internet – Part 10 | That Would be Harsher Punishment for Internet Defamers Stan…

For many reasons the movie Ms. Congeniality with Sandra Bullock has been a long time favorite of mine.   Especially when she answered the question “What is one of the most important thing our society needs?” with “That would be harsher punishment for parole violators Stan…and world peace!”  I’m pretty sure since that movie first came out in 2000 I have been remixing that one-liner to fit my varying smarty pants comeback needs.  In fact, in muddling to myself just this morning after reviewing some dyspeptic online commentary I determined that I would answer the question “That would be harsher punishment for internet defamers Stan…and world peace!”  It’s true…internet defamers and harassers really do suck.

In my line of work, and in my every day life, I see people being nasty to one another online – and sometimes people really cross the line and forget that words do hurt.  Sometimes I wonder what happened to the good old fashioned “take it out behind the barn and duke it out…looser buys the other guy a drink” form of justice.  Back in the day (and I really hate saying that because I am not THAT old) if anyone ran their mouth in person like they do today online – man, they’d get a beat down and, quite honestly, they would have probably deserved it.  To make matters worse, you get the morons that jump on the keyboard warrior band wagon without having the first clue about what is REALLY going on and they either share the crap out of the false stuff or otherwise join in on the bashing.  When is enough, enough?  What the hell happened to the human connection and manners?  So much of society needs a good metaphorical kick in the teeth.  The First Amendment doesn’t shelter you from false and defamatory statements nor should it be abused as a license to be a jerk-face.  Unfortunately, unlike the “old days,”  it no longer hurts to be stupid and run your mouth.

Indeed I am a Section 230 Communications Decency Act (“CDA”) supporter, because I don’t think that websites should be held liable for the stupid crap that other people do; after all, that mentality is akin to an over weight person blaming the spoon manufacturer for making a spoon that they can use to eat and get fat with.  “…but, but, the spoon made me fat!”  And to those who just read that and got all defensive – clearly my reference isn’t to those who have medical issues or things outside of their control.  I’m talking about the person who is heavy because of purposeful overeating, failing to do exercises, etc.  Sometimes life happens.  We get busy and fail to take care of ourselves as we should but we can’t blame the spoon manufacturer for it.  The spoon didn’t make us fat.  We have no one to blame but ourselves.  This is absolutely no different and trying to hold websites liable for the stupidity of third-parties is asinine to me.  Yes, yes, I am well aware that the CDA protects websites from liability from third-party content, however, it doesn’t seem to stop people and attorneys from filing frivolous lawsuits…but I digress here.  That is another story for another day.  However, I do think that there should be some serious punishment for all these people who purposefully go out of their way to post false and defamatory information about others…the same goes for harassers.  Perhaps if these people got hit harder in the pocket book or were forced into doing community service – like helping with anti-bullying and harassment initiatives, maybe THEN it would slow down. There just needs to be more education and more deterrents.  It’s far too easy to sit behind the keyboard and be mean.  MEAN. PEOPLE. SUCK.

Until next time friends…

 

 

 

Fighting Fair on the Internet – Part 9 |Troubles with Defamatory Online Reviews and Content Scrapers

Content scrapers are problematic for authors, defamation plaintiffs and website operators alike.

There is no doubt that there is typically a clash of interests between authors, defamation plaintiffs and the operators of websites who host public third-party content.  Authors either want the information to stay or be removed; defamation plaintiffs want information removed from the website(s); and website operators, such as many of the online review websites, fight for the freedom of speech and transparency – often arguing, among many other things, that the information is in a public court record anyway so removal is moot.  These kinds of arguments, often surrounding the application of federal law know as the Communications Decency Act, or Section 230 (which arguable provides that websites don’t have to remove content even if it is false and defamatory) are playing out in courts right now.  One example is the case of Hassell v. Bird which is up on appeal before the California Supreme Court relating to a posting on Yelp.  However, in spite of these clashes of interests, there does seem to be a trend emerging where the author, the plaintiffs, and the websites, are actually standing in the same boat facing the the same troublemaker.

Providing some background and context…

COPYRIGHT AND POSTING AN ONLINE REVIEW:  Many people are familiar with the term “copyright” and have a basic understanding that a copyright is a legal right that is created by the law that gives the creator of an original work limited exclusive rights for its use and distribution.  Wikipedia has some decent general information if you are interested in learning more.  For example, a guy who I will call John for the purpose of this story, can get on a computer and draft up a complaint about Jane and her company XYZ  before he posts it online on a review website.  As it sits on John’s computer as written, John would own the copyright to that information.  When John decides to post it online to a review website, depending on the website’s terms of service John may have assigned his copyright rights to the website in which he was posting on.  So either John or the website may own the copyright to that content.  That point is important for a few reasons, and there are arguments for and against such an assignment, but those issues are for another article some other time.

DEFAMATORY POSTING IS PUBLISHED ONLINE:  Continuing with the story, let’s say that John makes a bad call in judgment (because he hasn’t sat through one of my seminars relating to internet use and repercussions from the same, or hasn’t read my article on not being THAT guy, and doesn’t realize how bad doing this really is) and decides to post his false and defamatory posting about Jane and XYZ to an online review website.  It’s totally NOT COOL that he did that but let’s say that he did.  Now that posting is online, being indexed by search engines like Google, and anyone searching for Jane or XYZ might be seeing John’s posting.

WHAT TO DO WITH THE DEFAMATORY POSTINGS:  The internet tends to work at lightening speed and John’s post is sure to be caught on to by Jane or by someone who knows Jane or her company XYZ.  As an aside, I always recommend that people and businesses periodically, like once a month, run searches about themselves or businesses just to see what pops up.  It’s just a good habit to get into because if there is a problem you will want to address it right away – especially you think it is false and defamatory and want to take legal action because there are pretty strict statue of limitations on those – in many states only providing one year from the date of publication.  When Jane learns of the posting, maybe she knows who John is by what was said in the posting – and maybe she isn’t sure who posted it – but either way chances are she is likely going to seek legal help to learn more about her options.  Many people in Jane’s position will want to threaten to sue the website…but it’s actually not that simple.  Why?  Because unless the website actually contributed to writing the stuff, which they most likely didn’t, then they can’t be held liable for that content.  That’s the law here in the United States – the Communications Decency Act.  Fortunately, while online defamation is a niche area of law, there are many attorneys who are well versed in online defamation around the country that are able to assist people who find themselves in this kind of a situation.

So by now you are probably wondering how in the world a defamed party and a website could both be standing in the same boat.  I promise I am getting there but I felt the need to walk through this story for the benefit of those who don’t work in this field and have little to no clue what I am even talking about.  Baby steps…I’m getting there.

A FIGHT FOR REMOVAL:  As I pointed out in the beginning, arguably under the law, websites don’t have to remove the content even if it is found by a court or otherwise to be false and defamatory and that leaves plaintiffs in an awkward position.  They want the information taken down from the internet because it’s alleged to be harmful.  What can be done all depends on the website the content is on.

REPUTATION MANAGEMENT:  Many people think that reputation management is the way to go.  However, while reputation management can be helpful in some instances, and I’m not trying to knock those legitimate companies out there that can definitely help a company with increasing their advertising and image online, many find it only to be a temporary band-aid when trying to cover up negativity.  Similarly, in some cases, some reputation management companies may employ questionable tactics such as bogus DMCAs or fake Court Orders.  Yes, those situations are real – I actually just presented on that topic to a group of internet lawyers less than two months ago and I caution anyone who is using or considering a reputation management company that guarantees removal of content from the internet.

A WEBSITE’S INTERNAL POLICING:  The same law that protects websites from liability for third-party content is the same law that encourages self policing by providing for editorial discretion on what to post and not post.  As such, some websites have taken their own proactive approach  and created their own internal policing system where, depending on the circumstances and what was written, the website might find that the posting violated their terms of service and, within their discretion, take some sort of action to help a victim out.  Not every website has this but it’s certainly worth checking into.

COURT ORDERS:  Remember, a website, arguably per the law, doesn’t necessarily have to take a posting down regardless of what the court order says.  Shocking, but this has been found to be true in many cases around the country.  So what do websites do?  Here are a few scenarios on how websites might consider a court order:

  • Some websites will, without question, accept a court order regardless of jurisdiction and remove content – even if it is by default which can mean that the defendant didn’t appear and defend the case.  It’s worth while to note that some people won’t appear and defend because: 1) they never got notice of the lawsuit in the first place; 2) they didn’t have the knowledge to fight the case themselves; and 3) they didn’t have the resources to hire an attorney to fight the case – let’s face it – good lawyers are expensive!  Even cheap lawyers are still expensive.
  • Some websites will remove a posting only if there is some sort of evidence that supported the court order – like the defendant appeared and agreed to remove or even if there is a simple affidavit by the author who agrees that the information is false and is willing to remove it.
  • Some websites will only redact the specific content that has been found to be false and defamatory by the court based on evidence.  This means that whatever opinions or other speech that would be protected under the law, such as the truth, would remain posted on the website.
  • And still, other websites won’t event bother with a court order because they are out of the country and/or just don’t give a crap.  These types of websites are rumored to try and get people to pay money in order for something to be taken down.

COURT ORDER WHACK-A-MOLE WITH SEARCH ENGINES LIKE GOOGLE:  One of the biggest trends is to get a court order for removal and send it in to search engines like Google for de-indexing.  What de-indexing does is it removes the specific URL in question from the search engine’s index in that particular country.  I make this jurisdictional statement because countries in the European Union have a “Right to be Forgotten” law and search engines like Google are required to remove content from searches stemming from Europe but, that is not the law in the US.  The laws are different in other countries and arguably, Google doesn’t have to remove anything from their searches in the US.  Going back to our story with John, Jane and company XYZ, if Jane manages to litigate the matter and get a court order for the removal of the URL to the posting from search engine index, then, in theory, Jane’s name or company wouldn’t be associated with the posting.

Now this all sounds GREAT, and it seems to be one of the better solutions employed by many attorneys on behalf of their clients, BUT there are even a few problems with this method and it becomes a game of legal whack-a-mole:

  1. A website could change the URL which would toss it back into the search engine’s index and make it searchable again.  The party would either have to get a new court order or, at least, submit the court order again to the search engine with the new court order.
  2. If sending the Court Order to Google, Google will typically post a notice to their search results that a search result was removed pursuant to a court order and give a link to the Lumen Database where people can see specifically what URLs were removed from their index and any supporting documentation.  This typically includes the court order which may, or may not, include information relating to the offending content, etc.  Anyone can then seek out the court case information and, in many cases, even pull the subject Complaint from online and learn exactly what the subject report said and learn whether or not the case was heard on the merits or if the case was entered by default or some other court related process.  Arguably, the information really isn’t gone fore those who are willing to do their homework.
  3. The first amendment and many state privilege laws allow the press, bloggers, etc. to make a story out of a particular situation so long as they quote exactly from a court record.  No doubt a court record relating to defamation will contain the exact defamatory statements that were posted on the internet.  So, for example, any blogger or journalist living in a jurisdiction that recognizes the privilege law, without condition on defamation, could write a story about the situation, post the exact content verbatim out of the court record as part of their story, and publish that story online, inclusive of the defamatory content, without liability.

The up-hill battle made WORSE by content scrapers.

With all that I have said above, which is really just a 10,000 foot view of the underlying jungle, poor Jane in my example has one heck of an up-hill battle regarding the defamatory content.  Further, in my example, John only posted on one review website.   Now enter the content scrapers who REALLY muck up the system causing headache for authors, for defamation plaintiffs, and for website providers like review websites.

CONTENT SCRAPERS:  When I say “content scrapers,” for the purpose of this blog article, I am referring to all of these new “review websites” that are popping up all over who, to get their start, appear to be systematically scraping (stealing) the content of other review websites that have been around for a long time and putting it on their own websites.  Why would anyone do this you ask?  Well, I don’t know exactly but I could surmise that it: 1) content helps their rankings online which helps generate traffic to their websites; 2) traffic to a website helps bring in advertising dollars to the ads that are running on their websites; and 3) if they are out of country (which many appear to be outside of the United States) they don’t really give a crap and can solicit money for people who write and ask for content to be taken down.  I sometimes refer to these websites as copycat websites.

CONTENT SCRAPERS CAUSE HEADACHES FOR AUTHORS:  Many people have their favorite review website that they turn to to seek out information on – be it Yelp for reviews on a new restaurant they want to try, TripAdvisor for people’s experience with a particular hotel or resort, or any other online review websites…it’s a brand loyalty if you will.  An author has the right to choose which website they are willing to post their content on and, arguably, that decision could be based in part on the particular website’s Terms of Service as it would relate to their content.  For example, some websites will allow you to edit and/or remove content that you post while other websites will not allow you to remove or edit content once it is posted.  I’d like to think that many people look  to see how much flexibility is provided with respect to their content before they chose which forum to post it on.

When a copycat website scrapes/steals content from another review website they are taking away the author’s right to choose where their content is placed.  Along the same lines, the copycat websites may not provide an author with the same level of control over their content.  Going back to my John, Jane and XYZ example, if John posted his complaint about Jane on a website that allowed him to remove it at his discretion, it’s entirely possible that a pre-litigation settlement could be reached where John voluntarily agreed to remove his posting or, John decided to do so on his own accord after he cooled down and realized he made a big mistake posting the false and defamatory posting about Jane online.  However, once a copycat website steals that content and places it on their website, John not only has to argue over whether or not he posted the content on another website but also may not be able to enter into a pre-litigation settlement or remove it at his own direction.  In fact, there is a chance that the copycat website will demand money in order to take it down – and then, who knows how long it will even stay down.  After all the copycat website doesn’t care about the law because stealing content is arguably copyright infringement.

CONTENT SCRAPERS CAUSE HEADACHE FOR DEFAMATION PLAINTIFFS:  As discussed within this article, defamation plaintiffs have an up-hill battle when it comes to pursuing defamation claims and trying to get content removed from the internet.  It almost seems like a losing battle but that appears to be the price paid for keeping the freedom of speech alive and keeping a level of transparency.  Indeed, there is value to not stifling free speech.  However, when people abuse their freedom of speech and cross the line online, such as John in my example, it makes life difficult for plaintiffs.  It’s bad enough when people like John post it on one website, but when a copycat website then steal content from other review websites, and post it to their website(s), the plaintiff now has to fight the battle on multiple grounds.  Just when a plaintiff will make headway with the original review website the stolen content will show up on another website.  And, depending on the copycat website’s own Terms of Service, there is a chance that it won’t come down at all and/or the copycat website will demand money to have the content, that they stole, taken down.  Talk about frustrating!

CONTENT SCRAPERS CAUSE HEADACHE FOR REVIEW WEBSITES:  When it comes to online review sites, it’s tough to be the middle man…and by middle man I mean the operator of the review website.  The raging a-holes of the world get pissed off when you don’t allow something “over the top” to be posted on their website and threaten to sue – arguing you are infringing on their first amendment rights.  The alleged defamation victims of the world get pissed off when you do allow something to get posted and threaten to sue because well – they claim they have been defamed and they want justice.  The website operator gets stuck in the middle having zero clue who anyone is and is somehow supposed to play judge and jury to thousands of postings a month?  Not that I’m trying to write myself out of a job but some of this stuff gets REALLY ridiculous and some counsel are as loony as their clients.  Sad but true.  And, if dealing with these kinds of issues wasn’t enough, enter the exacerbators, i.e, the copycat websites.

To begin with, website operators that have been around for a long time have earned their rankings.  They have had to spend time on marketing and interacting with users and customers in order to get where they are – especially those that have become popular online.  Like any business, a successful one takes hard work.  Copycat websites, who steal content, are just taking a shortcut to the top while stepping on everyone else.  They get the search engine ranking, they get the advertising dollars, and they didn’t have to do anything for it.  To top it off, while the algorithms change so often and I am no search engine optimization (SEO) expert, I suspect that many of the original websites may see a reduction in their own rankings because of the duplicative data online.  Reduced rankings and traffic may lead to a reduction in revenue.

I like to think that many website operators try hard to find a happy medium between freedom of speech and curtailing over the top behavior.  That’s why websites have terms of service on what kind on content is allowed and not allowed and users are expected to follow the rules.  When a website operator learns of an “over the top” posting or other situation that would warrant removal or redaction, many website operators are eager to help people.  What is frustrating is when a website feels like they are helping a person only to get word days later that the same content has popped up elsewhere online – meaning a copycat website.  In some instances people wrongly accuse the original website for being connected to the copycat website and the original website is left to defend themselves and try to convince the person their accusations are inaccurate.  There is the saying of “no good deed goes unpunished” and I think that it is true for website operators in that position.

As the new-age saying goes “The Struggle is Real!”

I don’t know what the solution is to all of these problems.  If you have kept up with this Fighting Fair on the Internet blog series that I have been working on over the past year, you know that I REALLY disapprove of people abusing the internet.  I support the freedom of speech but I also think that the freedom of speech shouldn’t give one a license to be a-hole either.  I don’t know that there is a bright line rule for what content should and should not be acceptable…but as Supreme Court Justice Potter Stewart said in Jacobellis v. Ohio back in 1964 to describe his threshold for obscenity, “I know it when I see it.”  For me, after having seen so much through work and just in my own personal life, I think that is true.  My hope is that if I keep talking about these issues and hosting educational seminars and workshops in effort to raise awareness perhaps people may join my mission.  I firmly believe that we can ALL do better with our online actions…all we need is a little education and guidance.

Until next time friends…

 

Fighting Fair on the Internet: Part 3 | Opinions are Like…

OPINIONS ARE LIKE…

So we all know that old saying “Opinions are like a**holes, everybody has one.”  What they forgot to add to that sentence is “but that doesn’t mean that everyone wants to, or should, see it…or what comes from it.”  Let’s face it…we all have read something online and thought that whatever opinion was proffered was probably best reserved for the proverbial toilet and then flushed. Yes, everyone forms opinion about things, situations, people, etc.  I totally get that and I think that everyone is entitled to their opinions – positive or negative!  The thing is…no one really gets upset or annoyed by opinions that are positive (“I love this idea!  I’m going to try it!”) so let’s talk poop (“How can you think like that?!  You are such a moron and I hope people like you die!”).  If any of you read Part 2 of this blog series you will understand a portion of my theory on why people would even say something like that; they have lost the human connection and consequently manners and respect right with it.

NEGATIVE OPINIONS ARE LIKE POOP:  Where this introduction fits into the whole “Fighting Fair on the Internet” topic is the discussion on what one does after forming a negative opinion about something.  Do you flush it to the turd Gods where the stench of it can never be seen or smelt where only you really know about it (a courtesy flush, if you will) or do you pull that turd out of the can, place it on a silver platter on your front lawn, take pictures of it, and send it to all of your friends, and their friends, and their friends’ friends to see the massive heap of fly attracting dung pile that it is (i.e., post it somewhere on the internet)?  At this point you are wondering if I am talking about negative opinions or poop and the answer is both.  We can all use a little humor and relatability when discussing topics like this.  Surely there are some instances where they are both useful and serve a purpose, but generally speaking, when spread around too much and too thick…the usefulness is overshadowed by the stink and flies that are attracted to it.  Ewww!

POOP CAN BE USED AS FERTILIZER:  I’m not suggesting that a certain degree of conflict and disagreement is bad.  Not all negative/differing opinions are unuseful.  Like the benefits of applying fertilizer to growing plants and crops, a certain amount of negative/differing opinions, if used properly, can help create and contribute to the free flow of worthwhile ideas and debate.  There is no value in stifling free speech and I think the First Amendment definitely has its place.  People should have the freedom of expression without oppression from government BUT that does not mean that people should use that as a license to be a “Richard”.  No offense to anyone named Richard.  If you consider that each person’s opinions is formed based upon their personal education, their experiences, their beliefs/faith and feelings you will then begin to understand, and perhaps appreciate, why opinions can vary so much.  Consider the stark difference in view points between the different political parties.  I think we can all agree that people’s opinions are all over the place when it comes to politics.  Nevertheless, it might be helpful to the greater cause and world of debate when a humanitarian who has worked with troubled youth in low income developments debates topics on poverty with a business person who operates within the same community that is trying to solve employment problems.  If people can come and debate issues with education, facts (and I’m not talking about some meme on Facebook where no one knows who developed it) and legitimate personal experiences, and check one’s emotion at the door beforehand, then some real progress could be made.  This is the “fertilizer” that I am talking about.  This is the good kind of poop – differences of opinion that could be perceived by some as negative; used sparingly to cultivate discussion and movement towards a common good.  The problem begins when people start turning their turds into trophys for purposes other than promoting good discussion.

YOUR TURD IS NOT A TROPHY:  I see it everyday – in my personal life and at work.  Someone is upset about something for whatever reason and rather than flushing those turds of negative, unproductive, opinions down the toilet they chose to go run their virtual mouth on the internet proudly displaying to everyone their smelly, fly infested, turd.  What is even more fascinating is that some people seem to display these piles of crap like a trophy and wear the stench as if it were a badge of honor.  It might be on Facebook, or Yelp, some blog or news thread, or some other online review/complaint forum.  Unless you are just a “Richard,” those who engage in this kind of conduct can’t really feel good about what they are saying.  So why does this happen?  Well, there are many philosophies, but I’ll talk about the few that I tune into:

  • EMOTIONAL OUTBURSTS:  All humans have some very basic needs and when those needs are not being met they tend to act differently.  Perhaps some people react negatively online because they are looking for attention.  Some might even say that these types tend to be a bit narcissistic and fail to consider that other people have opinions…and feelings too.  Others just are a little bit of a hot-head.  We all know at least one person that flies off the handle and says things without really thinking about what they are saying or the repercussions that can come from it.  Sometimes people’s emotions get the better of them and they do or say things that aren’t exactly becoming.  Those people tend to be remorseful later…but what happens when those outbursts are not contained to the private setting?  What happens when they post it on the internet for all to see…and then maybe can’t get it taken down?
  • ENTERTAINMENT FACTOR:  As twisted as it sounds, yes, there are people who actually go around being negative and mean just for pure entertainment.  Indeed there are those that carry the turd trophy and engage in the frequent displaying of turds.  These individuals are labeled by other onlookers in the online community as an internet “troll.”  What is rather sad is that trolls literally post inflammatory remarks merely to provoke readers into an emotional response to disrupt regular conversation for their own amusement.  Who has that kind of time on their hands?  Why would anyone purposefully hurt someone else for entertainment?  Trolls I guess…  Again, even trolls eventually get caught, are shamed, and/or feel remorse once their moral compass straightens itself out…and then what?  And again, what happens when the posting you made cannot be taken down if and when you want to?

Regardless of how it happens, the fact is, these actions are not nice (often causing harm, and possible liability, that many don’t think about until it happens to them or someone they love and care about and/or you get slapped with a defamation lawsuit) and when you do it in an online forum you are doing nothing more than displaying your turd trophy that no one wants to see.

FLIES ON TURDS:  It only takes one really stinky turd (negative opinion) to get the flies swarming.  Online, it seems that as soon as someone starts in with negative talk and opinions others feel comfortable in joining in the same bad behavior.  There are a lot of articles out on the internet about today’s “mob mentality”.  Anne Trafton, in a 2014 article titled “When good people do bad things” and posted to the McGovern Institute for Brain Research at MIT‘s website, reported on the mob mentality topic and eluded to how people in groups will do things that are against their morals and standards due to, among other things, a “diminished sense of personal responsibility” for the actions of the group.  Its amazing how bad people can get when they perceive some level of protection by the group…and this takes place all over, including the internet.  I’ve personally seen one person post a comment regarding finding a dog a home and you had all kinds of opinions back and forth, including name calling, defending one side or another.  All I could think of was a crowd chanting “Jerry, Jerry, Jerry” on the  Jerry Springer television show.  Again, this was about finding a dog a home!  Seriously?  When did this sort of actions become the norm and quasi accepted in society?  Why is it that everyone feels the need to turn EVERYTHING into a Jerry Springer show?  If you do any reading online you know exactly what I am talking about; and some of it has become so bad that it’s like a train wreck…even the most conservative of people can’t look away.  It’s distracting…and moreover just wrong.

LEARN TO COURTESY FLUSH:  I’m all for people having opinions.  I even form my own turds on occasion but rather than being a “Richard” I do my best to stop and ask myself if my turd of an opinion is going to advance valuable commentary or not.  I get it, sometimes it is really hard to bite your tongue…especially in the “keyboard warrior” environment, however, if what you are going to say (your opinion) is mean, harmful,  amounts to bullying or harassing, and/or fails to promote legitimate truth (you know, a turd on a shiny platter) perhaps consider giving it a courtesy flush. We could all benefit from checking our negativity at the door.  Nothing good comes from being mean and harassing.  Nothing good comes from saying harmful things.  Nothing good comes from the publication of half-truths and false information.  If anything, in the long run, what you say could come back to haunt you days, weeks, years later…and you may be met with regret, social problems, and/or legal problems…all of which will be discussed later in this blog series.  It’s time to break the cycle…and through discussion, education, and tools perhaps we can start making a change one “post” at a time.

Fighting Fair on the Internet: Part 2 | The Loss of Human Connection and Manners

FIGHTING FAIR ON THE INTERNET: PART 2 | THE LOSS OF HUMAN CONNECTION AND MANNERS

MY MOMMA ALWAYS SAID:  Growing up in my household was less than desirable.  I saw all kinds of icky mean things that would have sent most children, according to statistics, into the justice system or result in some other “negative” situations.  I had first hand experience on what it is like to deal with the aftermath of violence…mental and physical.  Oh yes, I could share stories for days…and I did in some on topic college classes to the awe of many.  Yes, times were tough and I ask for no sympathy…I’m way stronger because of it and I think I can relate to others better as a result.  This is not to say that I didn’t struggle along the way.  The truth is, it took me a long time to get to a point where I was able to handle my own emotions and words in difficult situations but I like to think I do pretty well now as an adult.  Not perfect, because no one is, but certainly better at being more self aware.  So what does all of this have to do with “manners” and “fighting fair on the internet?”  Well, in my household, in spite of the serious chaos and desire to act up, my momma always taught me that saying mean and hurtful things was not nice and if you didn’t have something nice to say you shouldn’t say it at all – regardless of the medium.  Of course, back then, there was no internet.  I suspect many of us had parental figures who taught a similar lessons.  Sure, I was allowed to disagree, after all she had a very independent little girl on her hands who was all about speaking her mind (God bless my mother), but if I was going to disagree I had to have real reasoning and I had to be able to articulate it respectfully.  Name calling and being mean just to be mean was not acceptable.  Being a bully was not allowed.

RESPECTFUL DEBATES…A LOST ART:  This week alone I found myself explaining to friends that I perceive the characteristics of good manners and respect to have been lost by society.  Nearly three times this week I have found myself saying “Ah, respect…it’s a lost art.”  Of course I don’t believe this about all people.  I have met some incredible people who could debate respectfully…especially in the legal field.  One of the great things about the analytic mind is that it allows you to see things from different angles.  Oh yes, there is something to be said for those who can articulate and argue positions without resorting to calling each other a “flaming dodo head” just because they see something differently or dislike a particular situation.  Unfortunately, however, I don’t see these traits as the norm anymore.  Where in the heck did the human connection go?  Apparently out the window followed immediately by manners and respect!

DISENGAGEMENT:  In an on point discussion this week I attributed this dwindling of respect and manners to technology and our loss of ability to be human; I mean really human, as in actually interacting with humans.  Think about it…most of our communications now are through some method of technology; and most don’t even involve actually speaking.  Instead of telling someone, to their face, that they are upset…they send a text message with broken language, odd use of capitalization and punctuation, and an abundance of emoticons or you get blasted on some form of social media or internet site.  We have become so reliant on technology that we have almost forgotten how to communicate and often feel really uncomfortable if and when we actually have to talk to someone else.  Do people even call in an order for pizza anymore?  We have all become so disengaged from other humans…

THE HABIT OF TECHNOLOGY: Next time you are out in public, look around at how many people are “together” but are totally or partially disengaged because they are too busy staring at a screen.  Maybe this even happens in your own home?  Until I started raising a fuss about it, and only because I became more self aware of the trap that I was falling into myself, it would be a regular and normal occurrence for myself and my significant other to be sitting on the sofa together, with the television on, but each also be totally engaged in something else online – be it reading an article or playing a game on our phones, tablets or laptops.  It’s a BAD habit!  It’s like one form of stimuli has become not enough…and we need more constant interaction in order to feel comfortable.  But we aren’t the only ones.  According to studies done by the Pew Research Center, “some 21% of Americans now report that they go online “almost constantly”  and “67% of cell owners find themselves checking their phone for messages, alerts, or calls — even when they don’t notice their phone ringing or vibrating.”  With all of this being online and/or constantly checking devices for messages, alerts or calls, it’s no wonder we, as a society, are no longer really connecting with people the way we used to.

WHEN HUMANS DO CONNECT:  Interestingly on point, I recently stumbled across the Liberators International organization who posted a video on their Facebook page showing an eye contact with strangers experiment posing the question “Where has the human connection gone?”  You are encouraged to link to and watch the short video for yourself, however, the idea was to have two total strangers sit and look into one another’s eyes for an entire minute.  The results…smiles, tears and/or hugs…from strangers.  So very amazing…and the facial expressions…so very telling and profound.

TIME TO MEND THE BROKEN:  The more we “connect” through technology and become akin to an individual island with a population of one the less we REALLY connect in a way where real emotion is involved.  The less legitimate human connection we have, the greater the opportunity for an IDGAF (I don’t give a F!) attitude to develop and the more opportunity we create for words and thoughts (mean ones) to flow without consideration for any consequences; for ourselves and for others.  Indeed, with the loss of our ability to really connect and communicate, we have also seemingly managed to lose the concept of manners and respect.  It’s time to figure out how to gain those characteristics back…one step at a time.

EXPERIMENT:  Try unplugging from technology (no cheating) during a time that you would normally “check in.”  This could be at home around family, at dinner with friends, or even just some time by yourself.  See how it makes you feel and what things around you you notice and report back.  I’d love to hear your feedback.

 

 

 

 

 

 

 

Fighting Fair on the Internet: Part 1 | The Internet Sucks!

Okay, so I know that the title “The Internet Sucks!” is rather harsh, but lately that is how I feel.  There was once a time where the internet was used as an actual tool and not a weapon.  I recognize that to a great degree it still a tool because we can share thoughts, ideas, and solid information and we are all the wiser for it.  No longer do we have to go to the library to look things up or wait a year for something to be published.  Now, everything is at our fingertips within seconds and from an educational perspective, this is an awesome thing!  Even from the perspective of being able to share meaningful thoughts and ideas in a collaborative environment makes the internet awesome, especially when it is used for good and positive.  Of course it has also helped us reconnect and stay connected with friends and family who live across the globe…and for me I am thankful to have such opportunity.  Yes, there are countless reasons why the internet is still good – but that’s not what I am talking about – otherwise this would be a short posting about puppies, baby goats, and kittens.  What I am referring to is the other side of that coin…

As I scroll through all of the social media pages that are out there, reading the different postings regarding…well, just about anything someone happens to write about, I find myself being ever thankful that I grew up in a time when the internet wasn’t so poplar.  It seems that the information highways has become the “misinformation highway” and so many have become quick to believe and consequently “like” and “share” just about anything that is posted…no matter how ridiculous it would seem to anyone who actually stopped and thought about what they were reading for a minute.  Mainstream media wants so badly to draw attention that they will highlight situations that really shouldn’t be highlighted, and then often skew them, because it does nothing more than “stir the pot” and generate ratings.  I have often said those that “stir the post” should have to lick the spoon.  Top that off with the keyboard warriors of today who seem to thrive on being malicious turds and you come to realize that the internet has really become a hostile environment and people are legitimately suffering from it in many different forms.  Someone can’t even post a picture of a puppy without someone saying “that is the ugliest puppy I have ever seen” and go on to get into it with someone else over that comment.  who gives a crap if you think the puppy is ugly?  Why does your opinion on that matter?   Don’t get me wrong, I am all for the freedom of speech (and as a lawyer in my line of work I help advocate for it), however, just because something is legal doesn’t mean that you should push the boundaries just to say you could do it!  Freedom of speech shouldn’t be used as a license to be a dick!  At what point did people bypass the Golden Rule?  Further, and on point, not everything that you say (or write) is protected speech…but so many people forget that or have apparently never been taught that lesson in school.  In my best Mr. Mackey voice from South Park “Bullying is bad…mmmmkay.  Harassing someone is bad…mmmmkay.  Lying and making up stories is bad…mmmmkay. Sure there are exceptions – satire and the like…and that seems all pretty self explanatory to me…but perhaps what I consider common sense isn’t so common?

While the shift has been going on for some time it has only been in the last five years that I have really noticed the change.  Perhaps because I now deal with on a daily basis whether it be for work or I have it thrown in my face every time I read any thread, on any post, on pretty much any topic.  True, I could not read…but the inquisitive social scientist mind I have won’t allow me to simply just dismiss it.  As I see it, there seems to be a drastic increase of people who literally take offense to everything.  At the same time there is an equally drastic increase of people who think being a keyboard warrior troll is somehow productive and funny; and somewhere in the gap between the two extremes are those who can find a bit of humor in some good old fashioned ribbing but know when things have gone too far and won’t engage in those activities.  You know they types that I am I am talking about.  I'm just here for the commentsThey are the ones who literally post the “I’m just here for the comments” meme to a thread to show some level of participation without taking a side…  Why is that?  How has all of this come to be?  Why does everyone want websites that allow third-party content to be the “moral police”?  Even if sites were to start being the “moral police” where does one draw the line in the sand?  Shouldn’t society, as a whole, have a duty to raise awareness and police their own conduct?  Is it a fruitless endeavor to try and get people to police their own conduct or do people generally desire to behave in a positive manner but are just lacking in some basic knowledge and tools for real dispute resolution in today’s technological world?  I mean, let’s face it…it’s not like many of us growing up had parents in this particular environment to draw upon for examples of how to handle these kinds of situations; heck, the game Oregon Trail was considered cool technology I was young let alone the internet.

Through this series of blogs under my self titled topic “Fighting Fair on the Internet” I will discuss my personal viewpoints on these questions in a balanced approach in hopes to help raise awareness on these issues; offer discussion points and/or, at least, some food for thought on the related issues; and provide some general legal commentary and tips for what I call “fighting fair on the internet” along the way.  Of course, while I have some level of education in the social sciences, I certainly do not claim to be an expert…but I am fascinated by human nature and it seems to be such a very relevant and current issue in which I have had some level of experience with.  Stick around friends…I anticipate this is going to be an interesting ride!

Cheers!

Anette