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 to... Continue Reading →

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 pretty... Continue Reading →

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. 

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