Protect Yourself from Cyberflashers

Lens Flare by Lee Netherton from Flickr (Creative Commons License)

Lens Flare by Lee Netherton from Flickr (Creative Commons License)

Eww eww eww!

If you or your child has an iPhone, adjust the settings for AirDrop now to avoid being targeted by cyberflashers.

Apparently this is a thing – the default setting for AirDrop allows people in your vicinity to send you photos. It displays a small version of the image with the option to Accept or Decline. So if somebody wants to send you a picture of their junk, even if you Decline, you’ve already seen the image! That’s cyberflashing.

If you have an iPhone, please read this article from Sophos that explains step-by-step how to adjust your AirDrop settings to avoid being cyberflashed.

This is so disturbing. If your AirDrop allows anyone in the vicinity to see you, it lists to as “[First Name’s] iPhone” so the cyberflasher can target people based on their assumed gender. It doesn’t tell you anything about the recipient’s age. Indecent exposure is a crime in Arizona, and it’s a felony if you flash someone who is less than 15 years old.

Eww eww eww! It is absolutely vile and wrong to invade unsuspecting people’s iPhones (including children’s iPhones) and inflict your naked photos on them. I hope Apple realizes how wrong this is and changes the default settings on their phones.

If you want to chat more about privacy and cybersecurity, you can contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn.

Thoughts on the Ashley Madison Hacking

Puzzle by Andreanna Moya Photography from Flickr (Creative Commons License)

Puzzle by Andreanna Moya Photography from Flickr (Creative Commons License)

I have had a lot of different thoughts about the recent hacking of the Ashley Madison website – both as a lawyer and as a person. Ashley Madison is a website geared towards helping people participate in infidelity. They apparently have over 37 million users. According to NPR, the company suspects it was an inside job. Allegedly, whoever did this threatened to release the identity of its users if the company doesn’t take down the website.

As a social media lawyer, I am against hacking. Whenever I work with a company on their website, I always ask what security measures they are taking to protect their users’ information, and I encourage them to explore whether they need cyber liability insurance. Conversely, people need to remember that there is no expectation of privacy in anything they post on the internet, regardless of their privacy settings. There is always a risk that they could be unmasked, which could lead to social, professional, and legal consequences.

Do I believe this hacker deserves to be punished? Yes. If this person has an issue with what this website does, assuming this was perpetrated by an employee, they should quit their job. Being personally morally opposed to a company is not a valid reason to potentially jeopardize millions of people’s lives.

Additionally, I am a huge advocate of everyone leaving each other alone (with a few exceptions related to safety and public policy). Stay out of other people’s relationships that don’t involve you. I have no idea what these 37 million people were doing on Ashley Madison. I suspect some of them were there with the consent of their significant other as part of an open relationship arrangement. Some people may be allowed to cheat as long as they do it discreetly. I wouldn’t be surprised if there are partners where both people have profiles on this site. The only thing I know for sure, is that I don’t care about what these consenting adults do in the privacy of their own lives.

Part of what makes this situation so newsworthy is that it involves infidelity, and it forces us to acknowledge on some level that not everyone believes in or practices monogamy. This isn’t a legal issue; it’s a personal choice. And the only people who deserve a say on these decisions are the other people who are directly impacted (meaning that person’s significant other and possibly children). The fact that outsiders are outraged by these beliefs and activities is irrelevant.

I know this is a hot button topic for a lot of people, and I am open to continuing the conversation in the comments below, on TwitterFacebookYouTube, or LinkedIn, or you can contact me directly.

Legal Issues with Periscope

Vents by SecretLondon123 from Flickr (Creative Commons License)

Vents by SecretLondon123 from Flickr (Creative Commons License)

Have you tried Periscope? It’s one of the new livestreaming apps where you can let everyone into your world and they can post comments and questions. I’m on it. It’s pretty fun – except when it overheats my phone.

Of course, being a social media lawyer, I started thinking about what types of legal hot water someone could get into using this or any other live video app. Here’s my preliminary list:

Copyright
You own the content you post via Periscope, but you grant Periscope and anyone who has access to it permission to use it.

An artist may be upset with you if you use Periscope to display, distribute, or perform their work without their permission – i.e., if you’re playing someone’s song, doing a dramatic (or not so dramatic) reading, or showing someone’s art (even with an attribution).

Trademark
If you’re using Periscope to talk about products, make sure you’re not confusing people by giving the impression that you represent the company.

Federal Trade Commission Rules
If you are lucky enough to have sponsorship or otherwise be compensated for reviewing products, make sure you disclose that too. If you’re doing reviews on periscope, you’re legally required only to give truthful and accurate reviews of products and services. Otherwise, the FTC could fine you up to $11,000.

Trade Secrets
Every company has secrets that give them a competitive advantage. Make sure you don’t accidentally disclose your company secrets on your videos.

Privacy
Although there is no expectation of privacy in anything you do in public, there are a few exceptions for bathrooms, changing rooms, medical offices, lawyers’ offices, as well as within the walls of your home. Be thoughtful and respect full when it comes to shooting videos of others.

Remember, you have no expectation of privacy in anything you post online.  Just like people have been fired for other social media posts, you can be fired for a Periscope video. You could also do tremendous reputational harm to yourself.

Defamation
I can foresee people using Periscope to vent when they are angry. Be careful that you don’t cross the line and tell a lie about another person. Even if you didn’t intend to tell a lie, you could still face a lawsuit for defamation. If you are especially upset, it may be best to wait 24 hours to calm down and verify your information before talking about the situation on live video. Think before you speak.

These legal issues apply to all live streaming video apps so be careful before you jump on your virtual soapbox. The FCC does not regulate online streaming video, so there are no “deadly words,” but there are also no 7-second delays or buttons to bleep you out.

These are my rules of thumb when it comes to posting anything on the internet:

  1. Don’t post anything online that you wouldn’t put on the front page of the newspaper.
  2. Assume everything you post will be seen by four people: your best friend, your worst enemy, your boss, and your mother. If you don’t want to one of those people to see what you’re thinking about posting, don’t say it.

This is an area of law that is still new and developing. I’m excited and curious to see what legal cases will come out of live video apps like Periscope and Meerkat. If you want additional information about the legalities of social media, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. You can also contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn.

Can Someone Post Your Personal Information Online?

Graffiti by Alberto Garcia from Flickr (Creative Commons License)

Graffiti by Alberto Garcia from Flickr (Creative Commons License)

This is a question I’ve been getting more frequently lately – people asking about the legalities of posting another person’s personal information on the Internet, sometimes referred to as doxing. And of course as any regular reader would know, the answer to every legal question is, “It depends.”

If you have shared your information with others in a public place whether it’s through a directory like the white pages or informally through social media, there may be nothing you can do to stop somebody from sharing information that you have previously freely shared with the public. Please note, regardless of your privacy settings, there is no expectation of privacy in anything you post on social media. It may be very easy for someone to piece together your name, your hobbies, where you work, what city you live in, and information about your family from posts and pictures you posted online. Look how easy it was for Jack Vale to surprise and frighten people based on what they posted on Instagram.

Conversely, there may be situations where somebody releases your private personal information, such as your unlisted phone number, your social security number, or other information that any reasonable person would know you would want to remain confidential. You are state may have a law against the public release of private information that you could use to get compensation from the person who shared your information. Depending on the circumstances and your local laws, sharing your personal information may be a type of harassment. If you think you’ve been the victim of cyberharassment, please contact your local law enforcement agency for assistance.

My advice is, “Think before you post.” Never put anything on the internet that you wouldn’t put on the front page of the newspaper. This rule applies even if you think you’re posting anonymously or with an alter ego because there is always a risk that you could be unmasked. In addition to being careful about what you post online, be careful about what information you share with others both verbally and in writing. Also be careful about who you let use your computer or phone if you have information on it that you don’t want to get out, or else you might find yourself in a similar situation as a kind teacher who let students use her cell phone. They repaid her kindness by sharing the intimate photos they found on it.

If you are interested in the dos and don’ts regarding privacy and the internet, please check out my book The Legal Side of Blogging: How Not to Get Sued, Fired, Arrested, or Killed. You can also connect with me on TwitterFacebookLinkedIn, or send me an email.

New & Improved – The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed

LSB - option 3In case you haven’t heard the news, the revision of my ebook The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed, is out and available in the Kindle Store!  (For those of you who don’t have a Kindle, there are free Kindle apps that will let you download and read it on your phone, tablet, and even your desktop computer.)

I love blogging. I love that every week I get to stand on my digital soapbox and pontificate about anything I want. (Don’t you just love the word “pontificate?”) Early on in my writing career a journalist friend told me that a journalist’s job is to “Comfort the afflicted and afflict the comfortable.” That has become my motto as well. I love that I get to write things that other people are thinking but maybe don’t have the guts to say themselves. I find it validating when people do that for me and I’m happy to pay it forward for others.

ruthcover smallerOf course when you’re an outspoken blogger and a law student (now a lawyer), you start asking a lot of questions about what you can say without getting into trouble. That led to me to writing a blog series about the legal side of blogging, taking a class on cyberspace law where I wrote a paper on the topic, and eventually this book. When you have a blog, you have an obligation to know how far you can push the envelope without crossing the line. And then when people get pissed at you because of a post, there’s often nothing they can do about it because you’ve done nothing wrong.  The law rarely gives you any type of recourse just because someone made you sad.

I wasn’t planning on writing a revision of my ebook so soon, but a conversation with the Copyright Office earlier this year forced my hand.  Apparently the word “published” had different meaning to normal rational people and the Copyright Office so I had to revise my chapter on copyright registration and I’m even more convinced that the Copyright Act needs a complete overhaul because it makes no sense when it comes to a lot of material that is only released on the internet.

Since I was doing revisions, I also added a section about anti-SLAPP laws too. SLAPP stands for strategic lawsuit against public participation. This is the type of counterclaim you can file when someone files a lawsuit against you because of your blog in an effort to shut you up. We don’t like it when people sue people just because they don’t like what they have to say but what they’re saying is not illegal.

I hope you enjoy The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed and recommend it to all your friends who are active on social media. I wrote this book with bloggers in mind but the lessons apply equally well to all types of social media.

You can connect with me on TwitterGoogle+FacebookYouTubeLinkedIn, or you can email me.
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Please visit my homepage for more information about Carter Law Firm.

Maintaining Privacy with an Online Alter Ego

Paper Bag (#95734) by Mark Sebastian from Flickr

Paper Bag (#95734) by Mark Sebastian from Flickr

I just got back from the interactive track of South by Southwest (SXSW) in Austin – the most amazing conference for all things related to social media. I attended as many sessions as I could but there were dozens of other talks I wish I could have attended. I came back to Phoenix buzzing with ideas.

I attended an interesting session by author/journalist Pernille Tranberg from Copenhagen. She co-authored the book Fake It! Your Guide to Digital Self-Defense.  She uses her real name on LinkedIn and Twitter, but she uses fake names on Facebook and for filling out forms online. She has two complete alter egos. Her friends know her fake name on Facebook but she generally doesn’t share that information with others.

In a world that pushes of online transparency, her ideas run in the opposite direction. This is a great tactic for people to use who don’t want everyone looking them up or if they want to have a private online life that is completely separate from their professional life. Having a fake persona makes it less likely that your boss or prospective boss will be able to find you on Facebook or anywhere else you use your fake name. Additionally, if your fake identity is ever stolen it won’t be devastating for you because there are no assets connected to your alter ego.

If you’re interested in creating an alter ego for yourself, check out Fake Name Generator. It will give you a name, address, email address, username, password, profession, and even information like height, weight, blood type, and mother’s maiden name.

Now, does using a fake name violate the terms of service of social media sites that require you to use your real name or have a policy against one person having multiple accounts? Yes. But if no one reports you, how will they ever know?

I also attended a session on Bullying: Social Media as Problem and Solution which featured Marta Gossage, community manager for Reddit. She spoke about how people are encouraged to use pseudonyms on Reddit and by doing so it allows people to share and connect with people in a way that they don’t feel comfortable doing in real life. She said it also reduces the amount of harassment because most people don’t know each other in real life and participants on the site are good at enforcing the ideal that they can attack an idea but not the person.

Marta encourages people to use fake names because it’s easier to share without fear of judgment when no one knows who you are and because it’s easier to delete a fake identity than a real one from the internet. This is particularly true for young people who don’t think before they post and may regret the things they post which might affect their ability to get jobs or accepted into college.

I have a friend who maintained two Facebook profiles during law school – one was under her real name that was mostly a placeholder in case a professional contact tried to look her up. The other was under her fake name where she was free to be herself. Knowing what I know about her career plans, it made sense for her to separate her social life from her professional one. (Don’t worry – she doesn’t do anything bad. She’s just a bit of a free spirit in a conservative industry where some might look down on her boisterousness.)

If you want to create a fake persona online, remember what Benjamin Franklin said: “Three can keep a secret, if two of them are dead.” Be careful to only share your fake identity with people who will keep it private.

You can connect with me via TwitterGoogle+FacebookYouTube, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Woman Attacks Camera Man on Camelback

Cholla Trail Landmark - Camelback Mountain by Dru Bloomfield - At Home in Scottsdale

Cholla Trail Landmark – Camelback Mountain by Dru Bloomfield – At Home in Scottsdale

Last week Pete Kosednar was hiking on Camelback Mountain when he saw a woman on the trail who didn’t have her dog on a leash. He turned on his video camera and asked her is she knew that her dog was supposed to be leashed. She didn’t appreciate being filmed and reacted by swearing at him and hitting him. Check out the video for yourself.

Was Pete Kosednar wrong to film this woman? No! She was in a public place where she had no expectation of privacy. As long as he wasn’t filming her to commercialize her image or filming her in a way that constituted any type of harassment, there’s nothing she could do to stop him from filming her. And now the video is on YouTube where everyone can see her behaving badly.

I understand that privacy is a hot-button topic for a lot of people. It is for me. However, you have no expectation of privacy for anything you do in view of the public so there’s nothing you can do to stop someone from filming you in most situations. Pete could probably strap a video camera to his head and tape most of his day-to-day activities without risk of penalty.

There are some places where you can expect to not be filmed like public bathrooms, tanning beds,  locker rooms, and retail businesses that don’t allow you to take pictures or shoot video in the store. This woman was on Cholla Trail on Camelback Mountain. There are no special restrictions on shooting photos on video there.

It also amuses me when people make a scene about being filmed in public. We have surveillance cameras everywhere – in the stores and shopping centers, on courthouses, monitoring freeway traffic, etc. It’s funny when people accept those cameras as a part of every day life but freak out when someone turns on the camera in their phone when they’re standing on the sidewalk or in a public park.

The take-away lesson here is if you’re going to behave badly in public, whether you’re breaking the law, violating a social norm, or making an ass of yourself, don’t be surprised when you find out that someone videotaped it and posted it online.

Feel free to connect with me via TwitterGoogle+Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.
Check out my ebook on Amazon – The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed

Hat tips to Phoenix New Times for running the story and Jeff Moriarty for telling me about it.

When Can Someone Post Photos Of You Online?

My Camera by Paul Reynolds

I’ve had a few people ask me about the legalities of posting pictures of other people online. I thought I’d tackle the most common issue with photographs – whether you have a reasonable expectation of privacy. I’m not going to get into commercializing a person’s image or misrepresenting a person. I’m only addressing whether someone can post a picture that they took of you on their Facebook page, blog, Flickr, etc.

No Pants Light Rail Ride 2012 by Devon Christopher Adams

Pictures of You in Public
You have no expectation of privacy in anything you do in public. This includes where you go and what you do while you’re there. For example, I just got an adorable basset hound named Rosie. We take walks every day. I have no expectation of privacy regarding where we walk, what I’m wearing when I walk her, or how I react when she pulls on the leash. That’s all in plain view for everyone to see. Anyone can take a picture of us and post it online, preferably with a caption that says, “Sassy lady and her awesome dog,” and there’s nothing I can do about it (as long as they’re not misrepresenting me or commercializing my image without my consent).

If you’re in a public place and someone snaps a picture of you while you’re falling down drunk, getting arrested, picking your nose, scowling at a crying baby, or not wearing pants, there’s probably nothing you can do if that picture shows up online somewhere.

The exception to this rule is you have an expectation of privacy in places like public bathroom stalls, changing rooms, tanning salons, and doctor’s offices that may require you to be partially or completely undressed.

Pictures of You in Private Venues
When pictures are taken of you at a private event or in someone’s private home, you have to ask whether you had an expectation of privacy in each particular situation. If you attend a party where there are no rules regarding photos and everyone has their cameras out, you have no expectation of privacy if someone takes a photo of you and puts it in their online album.

Some events come with ground rules regarding photos that could create an expectation of privacy. I had a friend in college who had a Decorate Your Nipples theme party where everyone had to decorate their chest. Some people put decorations on their shirts and some people opted to decorate their skin. The rule for that party was that no cameras were allowed except during the designated picture time. At picture time, all the photos were limited to one room. If you didn’t want any photographic documentation of your being at that party, you had to go to the no-camera room.

There may be activities where there are no specified rules about photographs, but where the nature of the event or activity gives you an expectation of privacy. For example, if you and your partner make a sex tape or take intimate pictures of each other, there’s an inherent expectation that no one beside you two would see them. If you break up, your partner can’t post the pictures online and protect themselves by saying that you never agreed to keep them private.

When it comes to the question, “Can I post pictures of other people online?,” the answer is always, “It depends.” My general rule of thumb is “Don’t do anything in public that you wouldn’t put on the front page of the paper.” When it comes to photographs, the same rule generally applies because you might end up in a situation where you had an expectation of privacy but someone posted a picture of you online that they shouldn’t have. You might have a case against the jerk who posed it, but you still have to deal with the possibility that a lot of people saw a photo of you that they should have never seen.