Blog Laws Brett Atwood

Litigation Risks Copyright Infringement Invasion of Privacy Defamation Sexual Harassment Hostile Work Environment Claims Other Legal Risks

Copyright Infringement

Invasion of Privacy

Defamation

Sexual Harassment

Hostile Work Environment Claims

Other Legal Risks

Copyright Infringement Copyrighted content on your blog can result in legal action Example: ABC vs. “Spocko’s Brain”

Copyrighted content on your blog can result in legal action

Example:

ABC vs. “Spocko’s Brain”

“Deep Linking” The legality is in debate Most courts have found that you can “deep link” into another person’s content Shetland Times vs. Shetland News Ticketmaster vs. Microsoft Ticketmaster vs. Tickets.com Breaking News: In Dec. 2006, a new court ruling in Texas found the opposite SFX Motorsports vs. SuperCrossLive.com

The legality is in debate

Most courts have found that you can “deep link” into another person’s content

Shetland Times vs. Shetland News

Ticketmaster vs. Microsoft

Ticketmaster vs. Tickets.com

Breaking News:

In Dec. 2006, a new court ruling in Texas found the opposite

SFX Motorsports vs. SuperCrossLive.com

Invasion of Privacy Disclosure of personal facts that were not previously known to public A public figure has less recourse than a private citizen Can I be sued? Perhaps. If it is not deemed “newsworthy” and it causes harm to the individual’s reputation and well-being

Disclosure of personal facts that were not previously known to public

A public figure has less recourse than a private citizen

Can I be sued?

Perhaps. If it is not deemed “newsworthy” and it causes harm to the individual’s reputation and well-being

Invasion of Privacy Example: Washingtonienne.com A woman in Washington D.C. posts details of her “affairs” with prominent political figures One politician sued for $20 million claiming “invasion of privacy” Court case is pending

Example:

Washingtonienne.com

A woman in Washington D.C. posts details of her “affairs” with prominent political figures

One politician sued for $20 million claiming “invasion of privacy”

Court case is pending

Defamation Defined A false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation Slander is a spoken defamation.

A false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice.

State laws often define defamation in specific ways.

Libel is a written defamation

Slander is a spoken defamation.

Defamation Online The US Supreme Court has said that blogs have the same protections as traditional media: "in the context of defamation law, the rights of the institutional media are no greater and no less than those enjoyed by other individuals and organizations engaged in the same activities."

The US Supreme Court has said that blogs have the same protections as traditional media:

"in the context of defamation law, the rights of the institutional media are no greater and no less than those enjoyed by other individuals and organizations engaged in the same activities."

Opinion The labeling of a blog published statement as “opinion” does not guarantee that it won’t be found to be libelous Courts ask: “Would a ‘reasonable’ person confuse your statement for fact?” The context of the statement is also examined Chat rooms and blog “comments” are usually seen as “opinion” by design and are more likely to be exempt from “libel”

The labeling of a blog published statement as “opinion” does not guarantee that it won’t be found to be libelous

Courts ask: “Would a ‘reasonable’ person confuse your statement for fact?”

The context of the statement is also examined

Chat rooms and blog “comments” are usually seen as “opinion” by design and are more likely to be exempt from “libel”

Examples of Actual Cases Considered Libelous (when false): Calling an attorney a "crook" Describing a woman as a call girl Accusing a minister of unethical conduct Accusing a father of violating the confidence of son

Considered Libelous (when false):

Calling an attorney a "crook"

Describing a woman as a call girl

Accusing a minister of unethical conduct

Accusing a father of violating the confidence of son

Examples of Actual Cases NOT Libelous: Calling a TV show participant a "local loser," "chicken butt" and "big skank" Calling someone a "bitch" or a "son of a bitch" Changing product code name from "Carl Sagan" to "Butt Head Astronomer"

NOT Libelous:

Calling a TV show participant a "local loser," "chicken butt" and "big skank"

Calling someone a "bitch" or a "son of a bitch"

Changing product code name from "Carl Sagan" to "Butt Head Astronomer"

Trade Libel Trade libel is defamation against the goods or services of a company or business. For example, saying that you found a severed finger in you're a particular company's chili (if it isn't true).

Trade libel is defamation against the goods or services of a company or business.

For example, saying that you found a severed finger in you're a particular company's chili (if it isn't true).

Defamation in Blogs If you repeat someone else's defamatory statement in your blog, can you be found to be held at the same standard as the original speaker? This would have great implications for “guestbooks” and “comments” that are left online and/or unmoderated

If you repeat someone else's defamatory statement in your blog, can you be found to be held at the same standard as the original speaker?

This would have great implications for “guestbooks” and “comments” that are left online and/or unmoderated

Defamation Online Recognizing the difficulty this would pose in the online world, Congress enacted Section 230 of the Communications Decency Act Provides a strong protection against liability for Internet "intermediaries" who provide or republish speech by others.

Recognizing the difficulty this would pose in the online world, Congress enacted Section 230 of the Communications Decency Act

Provides a strong protection against liability for Internet "intermediaries" who provide or republish speech by others.

Section 230 of the CDA Protects bloggers in most circumstances Bloggers are not liable for defamatory content written by “third parties” Comments RSS Feeds Chat rooms This protection does not necessarily apply to you if you hand select and publish the above content

Protects bloggers in most circumstances

Bloggers are not liable for defamatory content written by “third parties”

Comments

RSS Feeds

Chat rooms

This protection does not necessarily apply to you if you hand select and publish the above content

Defamation $11.1 million awarded in Oct. 2006 in a widely observed suit Largest fine of its kind A woman posted negative comments about a business owner after their transaction went bad Used terms “crook,” “con artist” and “fraud”

$11.1 million awarded in Oct. 2006 in a widely observed suit

Largest fine of its kind

A woman posted negative comments about a business owner after their transaction went bad

Used terms “crook,” “con artist” and “fraud”

Sexual Harassment 27 workers fired for sexually-charged blogs and postings on MySpace The Auto Club of Southern California employees made comments about weight and sexual orientation of other workers through their postings and “Friends” comments

27 workers fired for sexually-charged blogs and postings on MySpace

The Auto Club of Southern California employees made comments about weight and sexual orientation of other workers through their postings and “Friends” comments

Security Breaches Loss of Trade Secrets Confidential Information Intellectual Property

Loss of Trade Secrets

Confidential Information

Intellectual Property

Apple vs. Does Apple Computer sued various blog and indie news sites to reveal the source of leaked “trade secrets” relating to a music project The “Does” are “John Does” They are the unknown parties that leaked the documents

Apple Computer sued various blog and indie news sites to reveal the source of leaked “trade secrets” relating to a music project

The “Does” are “John Does”

They are the unknown parties that leaked the documents

Apple vs. Does Apple attempted to subpoena the ISP to give up the e-mail records of those involved A court ruled that the bloggers/sites were allowed to the same constitutional protections as traditional journalists Apple was further ordered to pay $700,000 in legal fees

Apple attempted to subpoena the ISP to give up the e-mail records of those involved

A court ruled that the bloggers/sites were allowed to the same constitutional protections as traditional journalists

Apple was further ordered to pay $700,000 in legal fees

Regulatory Violations Mismanagement of Electronic Business Records There may be a legal obligation to archive all postings related to the company Blogs can be used for against the company if a legal matter arises

Mismanagement of Electronic Business Records

There may be a legal obligation to archive all postings related to the company

Blogs can be used for against the company if a legal matter arises

Loss of Control Once you cede control of the message to outsiders, there is no guarantee that they will stay “on message” Comments should be moderated Some sites do not allow any comments

Once you cede control of the message to outsiders, there is no guarantee that they will stay “on message”

Comments should be moderated

Some sites do not allow any comments

Spam + Blog = “Splog” Online marketers are taking advantage of the “community” aspect of blogs to deliver spam via “comments” section and other posting opportunities

Online marketers are taking advantage of the “community” aspect of blogs to deliver spam via “comments” section and other posting opportunities