First National Bank and its marketing consent problem

Innovative bank, FNB, has a consent problem. Jason Elk published a blog post over the weekend titled “FNB, what on earth are you doing to your customers?” in which he took issue with a consent mechanism FNB has been making use of or some time now. Essentially, this consent mechanism requires that customers agree toContinue reading “First National Bank and its marketing consent problem”

Pitfalls of demanding employees’ social network access credentials

I receive questions now and then about the legalities of employers demanding access to prospective employees’ access credentials for their social networks. I haven’t had a chance to prepare a post on this (I believe there are two big pitfalls for employers and this practice is most likely unlawful) so I recorded a few thoughtsContinue reading “Pitfalls of demanding employees’ social network access credentials”

Shaun Dewberry and NetDynamix clash over streaming radio statistics

  A storm over Netdynamix’s reported listener statistics has erupted after Shaun Dewberry, a self-described “digital rockstar with a passion for rock music (especially South African), motorcycles (especially Superbikes), and life hacking (especially nmap)”, published a report titled “The Truth Behind Streaming Internet Radio In South Africa” challenging Netdynamix’s reported statistics. NetDynamix is an audioContinue reading “Shaun Dewberry and NetDynamix clash over streaming radio statistics”

Privacy, reputation and vacation ownership

I was asked to present at the 2012 VOASA Conference in Durban and I thought I would share my presentation slides and a few other relevant links and materials with you, my readers and clients, as well as the conference delegates in this post. The two other lawyers presenting at the event were asked toContinue reading “Privacy, reputation and vacation ownership”

The President, his penis and the Streisand Effect

Background If you have missed the controversy that arose in the last few days about a depiction of President Zuma with his penis exposed called “The Spear”, this is what it is all about: The painting is part of an exhibition by Brett Murray called “Hail to the Thief II”, a sequel to his 2010Continue reading “The President, his penis and the Streisand Effect”

Guest post: Being Generation Y

This guest post was written by Nastassja de la Guerre, a candidate attorney at Jacobson Attorneys. You can follow Nastassja on Twitter at @ndelaguerre. The spread and ever increasingly availability of the Internet and digital and media technologies are the biggest evolution in human history since the industrial revolution. These developments have sent Generation YContinue reading “Guest post: Being Generation Y”

Smarter sharing choices and your online reputation

When people think about online reputation management they frequently think about expression on social services like Twitter and Facebook. Equally important is the link between online sharing and reputation. Microsoft published a report last month titled “Online Reputation Management Is a Two-Way Street” which considered the impact public sharing has on reputation. The report hasContinue reading “Smarter sharing choices and your online reputation”

Is porn industry regulation a freedom of expression issue?

Fiona Snyckers wrote an interesting post for Thought Leader titled “Regulation of the porn industry is not a free speech issue“. Her basic premise is that the porn, or adult entertainment, industry is primarily a commercial endeavour and content the content the industry produces is not protected as “free speech”. Leaving aside whether its desirableContinue reading “Is porn industry regulation a freedom of expression issue?”

Deceptive privacy practices from professional insurer

I attended a seminar run by my law society at the end of October and discovered how the popular insurer, Professional Provident Society, is engaging in some deceptive personal information collection and direct marketing practices in order to build its databases and market to prospective customers. This document was included in our pack of documentsContinue reading “Deceptive privacy practices from professional insurer”

The trouble with online defamation

I frequently receive calls or emails from people asking for help with online defamation, usually on Facebook. The people who contact me are often at their wits’ end and want to sue the people defaming them, thinking that will fix the problem. Unfortunately, that can often make it worse. The challenge with online defamation isContinue reading “The trouble with online defamation”