Archive for the ‘social media’ Category
April 23, 2013
Image via returntomanhood.org
Via the Toronto Star:
A Toronto criminal lawyer’s Twitter account has sparked outrage online after several offensive tweets were posted in the wake of the Boston bombing.
The tweets were sent last week from Twitter account @Dasilvalaw, which has since been deleted, though several retweets can still be found online.
“I pray for the suspects. May they slay the police army of satan. Death to all police!” reads one posting sent from @Dasilvalaw. Other tweets from that account contained vitriolic responses to offended Twitter users, including “am praying that u get violently raped. May cancer be upon u.!!!”
The lawyer, David Da Silva, 34, said in an emailed response sent Monday to the Star that he is “not the author of any such tweets.”
Asked in a follow-up email if his account had been hacked, the defence lawyer said he is “having this matter investigated at this time.”
Lawyer Nadia Liva, who sent an email to the Star saying she is acting as his counsel, said he is “very concerned” and “we are currently investigating the tweets, which were not authored by Mr. Da Silva.”
I don’t know Da Silva, either personally or professionally, but his website bio is generic: (more…)
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Tags:Law Society of Upper Canada, Osgoode Hall Law School, Toronto, Toronto Police Association, Toronto Star, Twitter
Posted in Law Society of Upper Canada, lawyer, lawyers, Legal Ethics, legal marketing, professional, professionalism, Rules of Professional Conduct, social media, Twitter | 17 Comments »
April 17, 2013
Mark Donald (Student At Law -Thornton Grout Finnigan LLP) has published “This means war? Baglow v. Smith and online defamation in the blogosphere”.
The article comments on the fascinating Baglow v. Smith case and its implications for defamation law in relation to political blogs and online media. It appears to be the only legal paper in existence that references Bob Marley, Thomas Hobbes, Kim Jong-un and the movie “The Untouchables”.
The link to the paper is here.
A link to an introductory summary piece intended for non-lawyers can be found here.
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Posted in Baglow v. Smith, blawging, Blawgosphere, blawgs, blog, cyberlaw, cyberlibel, defamation, Defamation Law, online, Online Defamation, social media | 1 Comment »
April 8, 2013
CONTENT!
Here are some random tweets from the Law Marketing Association 2013 conference using the #LMA13 hashtag:
@SatikZekian: Use relevant keywords in image filenames, separated by dashes not underscores.
@BradNeese: Put together a content editorial calendar.
@Heather_Morse: Search Yahoo Answers for content ideas. Cross check Google to see if anyone is blogging on that.
@BradNeese: Search results: Blue link is title tag; Meta description is description in link.
All thought-leading ideas to optimize your SEO social media law marketing strategy and an effective way to monetize your brand in order to generate leads, drive traffic and improve your Google ranking for your website or blog.
Oh, did I forget to mention CONTENT!?!
CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT. CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT
Any questions? Are you content or malcontent with the contents?
Not to worry, new clients should be calling you on your iPhone to retain you in 3-2-1….
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Posted in #LMA13, blawging, blawgs, blog, Flawg, Flawging, Flawgosphere, law, Law Tech, lawyer, lawyers, legal education, Legal Ethics, legal marketing, legal practice, legal profession, legal publishing, Legal Technology, LinkedIn, social knowledge, social media, technology | 3 Comments »
March 14, 2013
How Facebook deals with death (via The Media Online)
Kristina Sherry (J.D. Candidate, Pepperdine University) has published “What Happens to Our Facebook Accounts When We Die?: Probate versus Policy and the Fate of Social-Media Assets Postmortem”, Pepperdine Law Review, Vol. 40, No. 1, 2013. The abstract reads:
More than 580,000 Facebook users in the U.S. will die this year, raising numerous legal questions as to the disposition of their Facebook pages and similar “digital assets” left in a state of legal limbo. While access to and ownership of decedents’ email accounts has been philosophized for nearly a decade, this comment focuses on the additional legal uncertainties posed by “digital death” in the more amorphous realm of “social media.” Part II explores the implications of digital death by conceptualizing digital assets and surveying the underlying legal principles of contractual policies, probate, property, and privacy concerns. Part III surveys current law surrounding digital death, emphasizing a 2010 Oklahoma statute granting executors and administrators power over decedents’ “social networking” accounts. Parts III and IV consider what the current state of the law means for individuals facing death (i.e. everyone) as social media interacts with both (1) probate law and (2) social-media services’ policies as reflected in their terms of service. Part V explores how the law and proposed solutions may address the salient policy goals of honoring decedents’ postmortem wishes while meanwhile respecting privacy; preserving digital assets; and minimizing probate, litigation and other paperwork-type hassles. Ultimately this comment suggests while state or even federal legislation may call attention to the importance of digital estate planning, a better solution likely lies between the two extremes of the probate-versus-policy power struggle, and that social-media services themselves may be in the better position to quell the perfect storm of legal uncertainty that looms.
Download a pdf copy of the article at SSRN here.
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Tags:Death, Digital asset, Facebook, Law review, Oklahoma, Pepperdine University, Probate, Social media
Posted in adhesion, contract, contract of adhesion, decedent, digital, digital legacy, estate, Facebook, online, property, social media, Terms of Service | Leave a Comment »
March 13, 2013
Matthew Lafferman (JD Candidate, George Mason University – School of Law) has published “Do Facebook and Twitter Make You a Public Figure?: How to Apply the Gertz Public Figure Doctrine to Social Media”, Santa Clara Computer and High Technology Law Journal, Vol. 29, No. 1, 2012. Here’s the abstract:
In Gertz v. Welch, the Supreme Court expanded First Amendment protections to defamation law by requiring a plaintiff who qualified as a public figure to prove a higher burden of proof to recover for damages under a defamation suit. The Court relied on two major rationales to delineate the Gertz doctrine: public figures “voluntarily exposed themselves to increased risk of injury” and had “significantly greater access to the channels of effective communication.” Applying this doctrine to online media poses challenges, specifically when applied to social media platforms. Many scholars have recognized that social media users have equal access to the same basic media features, rendering the Gertz Court’s access-to the-media rationale inapplicable when applied to social media. A 216% rise in defamation suits against Internet users in the last three years alone, due to the recent discovery that most homeowner’s insurance policies cover libel liability, signals an almost inevitable rise in defamation suits that will eventually force courts to face the challenge of applying the Gertz public figure doctrine to social media.
This Comment offers an approach that reconciles the problems of applying the public figure doctrine to social media. This Comment argues that courts should require defendants to overcome certain initial presumptions by clear and convincing evidence before designating a social media user an involuntary public figure or a general public figure. Moreover, when recommending an approach for courts to identify voluntary activity on a social network for limited-purpose public figures, courts should avoid defining mere access to social media as voluntary activity and instead conclude such access is an extension of an individual’s private life. This approach would allow courts to apply much of the currently existing public figure doctrine to social media and help courts avoid the negative legal and policy consequences of abolishing the doctrine altogether.
A pdf copy of the paper is available for download at SSRN here.
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Tags:First Amendment to the United States Constitution, George Mason University School of Law, Law review, Public Figure, Social media, Supreme Court of the United States, Twitter
Posted in defamation, Defamation Law, Facebook, First Amendment, free speech, Freedom of expression, freedom of speech, Gertz v. Welch, Public Figure, SCOTUS, social media, Twitter, United States, United States Supreme Court | Leave a Comment »
