Online Defamation & Anonymity

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Contracting Your Way to Better Online Reviews – Is the Proactive Approach Legal?

Much to the chagrin of my law firm, I often encourage people not to take legal action when they are defamed on an online review site.  The issue has become more prevalent as consumers (or is it possibly competitors or people with personal vendettas) spew their ire negatively rating doctors and other professionals who only … Continue Reading

Can I sue the website for criminal acts of a user?

Match.com was sued last week because a male user sexually abused a female user on the second date.  Facebook and MySpace already warded off similar suits from parents of children who were stalked online based, at least in part, on Section 230 Communications Decency Act immunity.
These stories are indeed tragic, but it reminds me of the … Continue Reading

Can I Sue When Google Suggest Suggests I am a Fraud?

If Google Instant or Google Suggest adds “is a scam” to the search inquiry for you or your company, can you sue?  This is something I had not thought about until I sat in an SMX West presentation by Avi Wolensky of Promediacorp.  He told the story of a neighborhood retailer who had good SEO and organic … Continue Reading

Repost of the Chronicle Wikileaks Op-Ed

Here is the editorial that originally ran in the December 9, 2010 Houston Chronicle:
U.S. should be cautious in going after WikiLeaks

By TRAVIS CRABTREE
Dec.  8, 2010,  8:29PM

Since WikiLeaks <http://topics.chron.com/topics/Wikileaks>  dumped some 250,000 U.S. <http://topics.chron.com/topics/United_States>  diplomatic cables into the public domain, many have called for the controversial Web site to be shut down and/or … Continue Reading

Wikileaks disclosure of diplomatic cables: Is that legal?

Plenty has been written on the contents of the recent disclosure of the diplomatic cables.  To no one’s surprise, Wikileaks has been sued before and I wrote about one of their last legal battles here.  That one involved a private bank.  Now, what can the U.S. Government do (legally) to the site?
The First Amendment, Vietnam War … Continue Reading

The Amazon Debacle: Why it’s Always a Good Idea to Think Before Opening Your Mouth

Today’s Guest Post is Authored by Looper Reed & McGraw’s Joel Thompson, the head our Crisis Communications practice. 
 The Success of Amazon.
Most of us are familiar with the web site, Amazon.com. Amazon is a behemoth company that first hit the web in 1995, specializing in book sales. Since then they have broadened and diversified their inventory … Continue Reading

Does the NLRB Facebook action mean I need to change my social media policies?

When discussing social media and the law issues, I often say that you can fire an at will employee for almost anything, including badmouthing the company on social media.  Then, the National Labor Relations Board took an action for an employee who was fired, at least in part, for posting negative comments on Facebook.
You can … Continue Reading

Banned: Facebook, the First Amendment and Forum

In February of 2010, Karen Young opened a Facebook account.   By June, she had over 4,300 “friends.”  Young responded to a comment that basically asked God to kill Obama decrying the comment.  Young says she was harassed in response including the defiling of her profile picture.  Soon thereafter, she was banned from Facebook for violating the … Continue Reading

Yes, Virginia, Some of the Internet Horror Stories Are True

Yes, it really happens – a Texas criminal case highlights what can happen to that private photograph you took and how the law reacts to posting it on the Internet.   You often hear horror stories about someone using the Internet to exact revenge on an ex-boyfriend or girlfriend.  I am often asked how to unmask … Continue Reading

Breaking Down the Legalities of the Fake BP Twitter Feed

Not that BP is going to engender much sympathy or that there is a lot of humor about what is happening in the Gulf, there is one interesting aspect to the tragedy.  Someone created a fake BP public relations account on Twitter under the name BPGlobalPR.  The anonymous creator has gotten quite a bit of press … Continue Reading