Revisiting “front page of the newspaper” wisdom

I’ve been preparing for my presentation at the Advertising and Marketing Law Conference on 15 October and reading through some materials I’ll probably reference in my slides. One paragraph just stood out for me in Anil Dash’s article “What is Public?“: The conventional wisdom is “Don’t publish anything on social media that you wouldn’t want toContinue reading “Revisiting “front page of the newspaper” wisdom”

Privacy is contextual and social, less legal and technical

Privacy is more than a couple settings and a consent checkbox on a form somewhere. Privacy and publicity seem to be pretty straightforward concepts and, legally, they are treated fairly superficially and defined mechanically. A result of that is a similarly superficial treatment in conversations about privacy and publicity in social and commercial engagements whichContinue reading “Privacy is contextual and social, less legal and technical”

Sharing more with Facebook to improve its value

This point in Kevin O’Keefe’s article titled “Facebook eliminating the junk in your News Feed” on Facebook “click bait” made an interesting point about using Facebook more to improve its value to you as a user: All too lawyers and other professionals I speak with complain about all the junk they see on Facebook. PartContinue reading “Sharing more with Facebook to improve its value”

4 suggestions for preserving your digital assets for your heirs after you die

What will happen to your online profiles and data when you die? Before you answer that your digital stuff isn’t all that important so who cares, consider what you are using the digital cloud for: Email that increasingly includes bank statements, insurance policy information and functions as a backup for when you forget your passwordContinue reading “4 suggestions for preserving your digital assets for your heirs after you die”

Is sharing naked photos of your kids child pornography?

(Update 2014-06-12): Professor James Grant, an Associate Professor of Law at the University of the Witwatersrand, has published an article on his site, titled “Child Pornography: Distribution by Parents“, in which he explores the implications of the Criminal Law (Sexual Offences) Amendment Act which also deals with child pornography. That Act also has a prettyContinue reading “Is sharing naked photos of your kids child pornography?”

SnapChat privacy is not what you think

SnapChat’s privacy controls are what made it both enormously popular and troubling to its young users’ parents. When SnapChat launched, it gave users the ability to share photos and videos which promptly vanished into the ether. This appealed to its typically young and privacy conscious users because they finally had a way to share stuffContinue reading “SnapChat privacy is not what you think”

Bombs under wheelchairs, model airplanes and other stupid tweets

The last couple weeks saw two spectacular lapses in judgment in corporate Twitter accounts. The first was the pornographic US Airways tweet in response to a passenger’s complaints about a delayed flight and the second was an FNB employee’s flippant tweet about an ad personality’s activities in Afghanistan.

Each incident has unfolded a little differently. Both are stark reminders about the very serious legal consequences for misguided tweets.

Free is the death of the open Web and privacy is the sacrificial offering

The problem with free services is that they have to make money in some way or another and the way that they generally do this is through advertising which leverages our personal information in order to give some kind of value to their advertisers. We agree to this when we sign up for these services. The extent of our agreement is documented in privacy policies which few people read and truly consider.

What this means is that we are essentially trading information about ourselves for access to these services which, admittedly, we do see value in otherwise we wouldn’t use them quite so much.

Cancer stories and contextual privacy

If you are unfamiliar with Twitter direct messages, they are inherently private and only people who follow you may send you direct messages. Aside from not informing Adams that she was writing a story about her, Keller apparently did not obtain Adams’ permission to repeat the direct message conversation and that violated Adams’ privacy, regardless of how public she is about other aspects of her experiences. 

Nokia’s errant F-bomb tweet and a reputational smear

Although the tweet was almost certainly not sanctioned by Nokia’s marketing team, it highlights the importance of carefully managing not only access to a brand’s social profiles and establishing clear guidelines for people who do have access to those profiles explaining what acceptable behaviour and content are because whatever is published using those platforms is going to be perceived as representative of the brand to some degree. Aside from the obvious reputational smear, consider the economic impact of a brand that is perceived to have taken a strong stand against its customers, especially at a time when it is undergoing considerable transformation.