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Tag Archives: free speech

Facebook, ‘Like’ Buttons, and Staying Out of Courtrooms

Oh, that pesky Facebook “Like” button. It turns out that your friends seeing what you read isn’t the only think that Facebook can broadcast to get you into trouble. Now, your ‘Likes’ can be held against you.

And frighteningly, that isn’t even the news here.

A federal judge has ruled that clicking the ‘like button’ doesn’t qualify as protected free speech under the First Amendment to the United States Constitution. It’s a mind-boggling development in the “what is OK to say and do on the Internet?” branch of business change, and while this non-attorney is pretty sure the ruling will be overturned at a higher level, please be clear that if you fall into a Like Button Trap, ‘overturned on appeal’ isn’t going to help you.

The Latest Threat to Free Speech: Censorship by a High Court

Yesterday, I told you about Sex.com becoming the Pinterest of Pornography. I wrote about that to illustrate the way social networking, done correctly, operates, and acknowledged that I talk about that topic pretty often.

I also talk about Piracy quite a bit. Media Piracy, be it movies, music, books, or software, is an incredibly complicated subject, and one that has many ways to link into a conversation about business change. This week, The High Court in The United Kingdom took aim at Piracy, and in mid-2012 I’m both amazed and a little frightened that they’ve pursued the particular action they’re attempting.

Today’s Subject: Gizmodo. And Arrogant Felonious Conduct.

About ten years ago, an acquaintance found himself spending a few weekends in the Westchester County Jail after he was convicted of a “computer crime” under the regime of then-Westchester-County-District Attorney Jeanine Pirro. Ms. Pirro was one of those political climbers who topped out before she wanted to, and the conviction of this guy I used to know was questionable, but he is, nevertheless, a convicted felon.

Yesterday, the folks at Gizmodo published an article advocating behavior that’s pretty similar to what the no-longer-a-computer-consultant was convicted of. Essentially, the article says that if you’re a computer consultant, have access to your clients’ systems, and your client doesn’t pay you, you should A) mess around with those systems and B) then use your client’s systems against them to shame them publicly.

Remember That Racist Remark on Facebook? You’re Fired!

STOP DOING DUMB THINGS IN PUBLIC!

As beautiful a place as Santa Barbara, CA is, there’s something very, very ugly happening there. Social Intelligence, a company that supports the human resource function at other companies, has started selling intelligence it gathers on you from social media and social networking sites like Facebook.

This might not be noteworthy, except that Social Intelligence went out of their way to get permission from the FTC to offer this service.

So, to be very clear, and very simplistic, an agency of the United States Federal Government has approved your “gee, I thought that was private!” information being gathered and passed around.

Free Speech, Amazon, Child Pornography, and Business Change

This week, someone noticed a how-to-be-a-pedophile book for sale on Amazon.com. It had been there for a while, and not very many copies were selling. Then, the Internet happened.

As soon as the existence of that book (and Amazon’s willingness to sell it) started getting around, its sales rank shot up in a big way. I presume that was the result of curiosity taking over, and not an indication that there are tens of thousands of would-be pedophiles lacking the intelligence to find their tools without help from others.

Got Something to Say About Your Employer? Stay Off Facebook!

I tell my (adult) kids: stop talking on Facebook and Twitter about how drunk they are. I tell you that, too. And it’s a good idea; nobody needs to be hanging their dirty laundry in public. Of course, if you think that laundry isn’t dirty, things get interesting, fast.

The issue then becomes whether what you think and your right to talk about it are more important than the possibility likelihood that someone who you really don’t need finding out about the things you do is listening. To deal with this (for example) in Germany, there’s a law being considered that would make it illegal for prospective employers to look into your background by checking your Facebook page.

Where Are You, Craig Newmark? The Surrender of Craigslist.

It’s official. Adult Services (Or Erotic Services as they were once known in the USA and continued to be named elsewhere) are gone from Craigslist.

This makes me sad.

I don’t use those services and never have. I don’t know people who do use them. And I don’t want this to be a too-far-to-the-left political rant where I scream about free speech. I’m disappointed that in an era where communication itself is the world’s largest growth business someone as smart and well intentioned as Craig Newmark has caved in.

Data, Privacy, The Law, And A Mess You Can’t Clean Up

I’m all for privacy.

To be honest, privacy is a relatively new phenomenon sociologically and absent issues like identity theft and stealing from other simply by having their private data and knowing how to misuse it privacy shouldn’t really be that big a deal; just don’t do anything you’re ashamed of. But in the Internet / electronic age there’s a need to protect information. Privacy matters.

But as anyone who knows anything about the technological practicalities of privacy will tell you, there’s really no such thing; data systems will always get breached, and the best path to privacy isn’t about technology so much as knowing how technology you create will get used, and by whom.

More Proof: Apple (iPad), WSJ, & The New York Times Hate You

I’ve picked on the iPad a few times. From the moment it was announced, the iPad looked to me like a brain-dead solution in search of a problem, and when Rupert Murdoch’s Wall Street Journal announced its pricing for reading WSJ on the iPad I told you how ridiculous it was, and why. I was hoping I was done; it’s almost like the iPad was created to carry a big “kick me” sign.

I’m not.

Jay Rosen, esteemed professor of journalism at NYU, made a point on His Twitter Page yesterday. Here it is:

Is a Corporation Really The Same as a Person?

President Obama is in a war of words with Supreme Court Chief Justice John Roberts. I find it unseemly, but that’s not important.

I bring up the subject because I happened across this article in today’s New York Times, and attached to it was a (slightly off-topic) comment on the Supreme Court’s ruling of last January that essentially gave corporations the right to make unlimited campaign contributions. And it asked a reasonable enough question:

If Corporations and People Are The Same Thing, Do Corporations have the Right to Bear Arms?

The NFL Bans Tweeting. I’ve Decided I Love Twitter.

Who says Twitter does nothing important?

For the record (again), I think Twitter is one of the silliest things, ever. It adds very little to anyone’s life, almost anywhere, and is really only useful as a marketing tool.

Now: everyone please sign up for a Twitter account, and show the National Football League what you think of them.

If you’re not a sports fan this may mean nothing to you, but if you’ve ever watched sports on TV or listened on the radio you’re familiar with the phrase “unauthorized use of the pictures, descriptions and accounts of this game without the express written consent of . . .” . Now, Twitter will be the test ground for what that really means. Facebook, too.





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