Law and Ethics
L.A. Times Blog Suspended for Ethics Violation
L.A.T blogger and Pultizer Prize winner Michael Hiltzik’s Golden State blog has been suspended, pending an editorial review of Hiltzik’s recent disclosure that he posts using pseudonyms on the L.A.T. Web site, and others.
- The L.A.T. announcement of suspension
- Hiltzik’s posting about leaving comments anonymously and using other names
- Patterico’s Pontifications blog post uncovering Hiltzik’s anonymous comments
- Howard Kurtz (Washington Post) weighs in
- and so does the Associated Press, via the Mercury News
Blog Law & Blogging for Lawyers Conference
If you’re blawging (blogging about the law) and interested in how the law affects bloggers, check on this “First Comprehensive Conference on Blog Law & Blogging for Lawyers.”
What You Will Learn
- Legal gray areas arising from the proliferation of Web logs - The future of blogging—a passing fad or here to stay? - The extent to which bloggers qualify for the First Amendment protections afforded to journalists - Content ownership and syndication issues - Employment issues arising from blogging within corporations - The latest in blogging technology, including audio and video feeds - How to set up a blog for your law firm or make your current blog more effective - How blogs differ from regular Web sites in generating traffic—and business—for your firm - Ethics questions surrounding the blog as a law firm marketing tool - PLUS an on-the-ground report from several law firm bloggers
The conference is being held April 20-21, 2006, in San Francisco.
Liability Insurance for Blogging?
I spoke with a reporter today whose editor has asked for a story on liability insurance for corporate blogs—what companies offer it, what companies are buying it, and what it covers.
It’s a fascinating question—and one I haven’t been asked before (I love those). Unfortunately, it’s the first time it’s come up, at least for me, so I’m looking for anyone out there who has maybe thought about, looked at, or heard anything about blog liability insurance. the article could go a couple of directions, but certainly the obvious questions are, do you need liability insurance for a corporate blog, and do you need coverage when you encourage your employees to blog about their work experiences. So how about it, folks? Anyone know anything about blog liability insurance? You’ll likely get quoted for the article if you do!
Blogs as Sedition
While in Singapore with Paul Chaney to conduct the BLOGasia corporate blogging conference, blogging hit the news. Singapore arrested two bloggers and charged them with sedition, specifically with posting racist comments on their personal blogs. The tone of the conference definitely reflected this bit of news – attendees at BLOGasia were exceedingly concerned with controlling the dialogue on their blogs, moderating comments, and keeping the topic of a blog focused in a particular direction. It was frustrating, as a U.S.-centric blogger, to realize that for these folks, free speech doesn’t exist, at least as we conceive of it. Of course, I knew this intellectually, but reading the news and talking with citizens of Singapore and Malaysia really drove the point home. The rules are different over there.
I sat down today to write up a summary of what happened in Singapore, and to note a move on the part of Malaysian bloggers to reporter readers who have left racist comments on their blogs to authorities. However, I’ve discovered a blog that does a much better job than I could do in covering the issues: Global Voices Online, the work of a global citizens’ media group, sponsored by the Berman Center for Internet and Society and the Harvard Law School. These folks have got the world covered when it comes to bloggers and the law!
Rush over right now and read the posts on Global Voices Online about Singapore and Malaysia.
So, this post ultimately has two purposes – to let readers know about these disturbing cases in Singapore and Malaysia, and to refer you to Global Voices Online, if the legal ramifications of blogging are a concern for you.
Incidentally, I think it’s worth noting that most of the blogs that are involved in legal cases resulting from libel, copyright infringement, sedition or racism, are personal blogs – not business blogs. Frankly, blogs about women’s health or lawn care simply aren’t likely to hit those push-button topics that get people really worked up.
And, just in case you are a U.S.-based blogger who thinks you’ve gotten off scot-free, don’t miss this Red Herring article “Bloggers Face the Law.” Things may not be quite as rosy as you imagine. For good measure, I’ll throw a link in here to the Electronic Frontier Foundation’s Legal Guide for Bloggers.
Dealing with Employee Blogs
Employees can be a great source of marketing and PR, when you hook them up with blog software. On the other hand, not everything they say may be positive! In his final session, Paul Chaney discussed “Blogging and Your Company.”
People blog about a lot of things, but evidence suggests that people blog much more often about their jobs than they do about food, family, or even sex. Assume that your employees are already blogging!
When employees blog, employers benefit from the Googlejuice generated by links, and from the communication between employees that may occur. Companies that encourage the use of blogs create a way for teams of people to collaborate, share knowledge, and manage projects. There is an intangible benefit as well: a company that encourages blogging sends a message about the value of individual voices.
Employees benefit as well, by getting to know their colleagues (besides those in the next cubicle). A good employee that blogs demonstrates his or her expertise to both colleagues and management, enhancing credibility while giving themselves a voice in new ways.
Companies that encourage blogging among their employees lay themselves open for the individual interpretations of their bloggers about what is and is not appropriate on a blog. An employee blog policy is not a bad idea. For models, look to Groove Networks, Thomas Nelson, and Yahoo’s policies.
I’m cross-posting this on three sites: Buzz Marketing with Blogs, Radiant Marketing Group, and BlogAsia. If you’d like to comment, please come to BlogAsia to do so.
Legal Issues of Blogging
Susannah brought up legal issues, and questions from the audience started popping up like mushrooms after a rain.
All the questions seemed to be variations of “Will my company run into legal problems if we start blogging?”
Well, legal troubles are a very broad topic. But it’s unlikely.
What about libel?
There have been no court-adjudicated libel cases involving blogs, so far. that could be because blogs are new, or because bloggers are poor. 
But it’s also because bloggers have a natural aversion to libel given that they have a personal, public reputation to uphold of their own. And, it’s because most bloggers have swift, fair policies for how to deal with libelous statements made in comments.
Blogging, because it’s easy to publish and correct, makes it easy to fix information you find to be false or damaging, and also makes it hard for you to ignore requests to do so. So be quick and fair when it comes to writing and correcting your own blog, and libel won’t be an issue.
Is it necessary to run every blog post past your legal department?
No, hardly. You don’t need a lawyer to review every phone call, or every brochure, so they don’t need to review every blog post. Of course, a very few people are working for a company in a highly regulated industry where such precautions are necessary. Having a lawyer review your company’s blogging plociy—that’s a good idea. And having appropriate disclaimers, and making sure you hire or use a reliable blogger, is probably your best defense.
As for policies, you may need a policy for your own company blog(s). You could also need another blog policy for how you deal with employees who have their own blogs.
I’m cross-posting this on three sites: Buzz Marketing with Blogs, Radiant Marketing Group, and BlogAsia. If you’d like to comment, please come to BlogAsia to do so.
Comparing Employee Blog Policies
Fredrik Wackå, who blogs at CorporateBloggingBlog, has a terrific post today comparing the blog policies of IBM, Yahoo!, Hill & Knowlton, Plaxo, Thomas Nelson, Feedster, Groove and Sun.
On four points, all of the eight most well-known corporate blogging policies agree—corporate bloggers are personally responsible and they should abide by existing rules, keep secrets and be nice. Those four principles are the core of today’s corporate blogging rules.
You should really head over and read through this post for yourself. Wackå breaks down the policies point by point, analyzes each, and gives an example. A really thorough look at today’s blogging policies for employees.
Is Blogging Advertising?
There’s an election coming soon here in British Columbia, and the Elections B.C. board has an interesting take on the role of bloggers when it comes to posting election-related opinions and recommendations.
CBC British Columbia - Blogs are advertising: Elections B.C.
VANCOUVER – Elections B.C. is having a hard time keeping up with a boom of bloggers who are publishing partisan messages during the current election campaign.
They’re supposed to register themselves as advertising sponsors if they post a partisan position on a candidate, party, or referendum question.
“Under the Election Act, it will fall within the definition of election advertising, and we would ask them to register,” says Jennifer Miller, of Elections B.C.
Bloggers I know of who would fall afould of this so far:
Ian King talks makes an STV plea;
Darren Barefoot pledges his support;
Sacha Peter talks about voting;
Raymond Tomlin spends a lot of time on many election issues at VanRamblings.
So the question is: when you choose to support someone on your blog—is it advertising? Before you answer—realize that some of these people make a living, or part of a living, as bloggers. And then ask yourself, it it any different if a business is the “owner” of that blog, or a person. Hmmm. Interesting issue.
WordPress Squeezes Its PageRank for Cash*
Waxy posted yesterday about the Wordpress Web site being used to spam Google. As always, Waxy does a great, in-depth post about the whole issue, so let me sum up and then you can go read the whole thing yourself.
WordPress is an open source blogging software package.
Its Web site is run by Matt Mullenweg.
Matt placed “hidden” links on the WordPress front page to articles about high-value keyword subjects like asbestos and mortgages, and got paid for this, thus cashing in on his site’s high page rank. Waxy and Kottke and Virtuelvis blogged about it.
The supporters of Word Press got upset because they feel like their links to WordPress were being used to support something they didn’t like: search engine spam (and it is spam, or at the very least search engine result pollution).
The lessons here? I can think of a few:
1) The site you link to today may not be a site you want to link to tomorrow. This is a fact of the Web.
2) Good software doesn’t justify bad behavior, by its users or its creators.
3) Nothing you put on the Web should be done sneakily. It will be noticed. It won’t be rewarded, even if it would have been tolerated if done openly. Be honest and open.
4) In a case of unfortunate timing, Matt’s on vacation in Italy. When you go out of town, have someone checking your Web site every day just like you have someone water your plants. Because when he gets back, whoo, boy, is his inbox going to be stuffed!
Updates: Photo Matt » A Response to the Noise and Waxy.org: Wordpress Followup
Blogger Setting Terri Schiavo Facts Straight
Abstract Appeal by Matt Conigliaro is a great example of how writing about your specific niche can provide an excellent service while helping to build reputation and expose a brand.
It’s not a blog created specifically by a business. Instead, Abstract Appeal is a lawyer’s site, focusing on Florida appelate law. Normally, somewhat esoteric stuff, but with Terry Schiavo* in the news, suddenly, the site has become a big resource for anyone looking for a non-partisan source of info. So much so, he says, that he’s glad he never enabled comments because the email feedback alone is nearly overwhelming (and not billable, I bet!)
For his bio, he links directly to one on his employer’s Web site, whose site mentions and links to the Abstract Appeals site prominently. Conigliaro’s helping the rest of us, and by doing so, is benefiting a little himself.
Thank you to OJR for bringing this to our attention with their story.
* It was pointed out to me that Terri Schiavo isn’t exactly a household name. Schiavo is a Florida woman who has been in a persistant vegetative state for 15 years, and there is a large debate in the U.S. currently—legally, politically and ethically—about whether Schiavo should be allowed to die by having her feeding tube removed. She’s been without the tube for 12 days now.
The First Rule of AdSense?
I was all set to tell you about Fred Wilson, a venture capitalist in New York who just publicly posted his exact Google AdSense revenue figures for the year. He made $500, he says, and he’s got charts to back it up!
This is notable not because for the grand total, but rather because Google’s AdSense Terms of Service prohibit any discussion of click through rates or payments—a stance that has long aggravated many naturally chatty bloggers.
I was then going to point you to Brian Turner’s complaint about AdSense and Wilson’s disclosure. (in short: Turner said that this flouting of the rules might result on further restrictions by Google.)
But in fact, it looks like Google is opening up a bit and so I had to revise this post. It seems a new terms of service dated March 8 allows AdSense participants to talk at least about their gross payments.
7. Confidentiality. You agree not to disclose Google Confidential Information without Google’s prior written consent. “Google Confidential Information” includes without limitation: (a) all Google software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other statistics relating to Site performance in the Program provided to You by Google; and (c) any other information designated in writing by Google as “Confidential” or an equivalent designation. However, You may accurately disclose the amount of Google’s gross payments to You pursuant to the Program.
Now, does this mean Wilson’s reveal was kosher? No, not entirely. But it does allow AdSense-rs (AdSensors?) to start a conversation about that revenue stream, which is going to become very important the moment Yahoo launches their contextual advertising program.
Tidbits from Tod
(This titling system may mean I have to choose the sessions I attend today based on the first name of the speaker…)
Tips for podcasters from Tod Maffin, who did a fabulous session on podcasting. Here’s what he says about using clips of music or shows.
People believe (but are wrong) that it’s perfectly legal to play music clip if:
- I only play 15 seconds
- I talk over the intro of the song
- I bought and own the CD
- The artist Agrees (you still need the label’s permission and sometimes their union’s)
You can get licenses for things from ASCAP.com/weblicense to get a non-interactive, no revenue license for $360/year. It’s more if you earn revenue from whatever the clips are included in.
Bloggers and the D.C. Court of Appeals
The D.C. Court of Appeals in the U.S. recently issued a decision (PDF) in the case of whether or not reporters should be required to disclose their sources to a grand jury. (news coverage, editorial)
Around page 30 of the decision, the court speculates on something of interest to bloggers: whether “freedom of the press” and perhaps status as a journalist should be given to bloggers, and if so, what that might mean. I quote:
The Supreme Court itself in Branzburg noted the difficult and vexing nature of this question, observing that applying such privilege would make it
necessary to define those categories of newsmen who qualify for the privilege, a questionable procedure in light of the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods.
408 U.S. at 704. The Supreme Court went on to observe that “freedom of the press is a ‘fundamental personal right . . . not confined to newspapers and periodicals. It necessarily embraces pamphlets and leaflets . . . . The press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion.’” Id. (quoting Lovell v. Griffin, 304 U.S. 444, 450, 452 (1938)). Are we then to create a privilege that protects only those reporters employed by Time Magazine, the New York Times, and other media giants, or do we extend that protection as well to the owner of a desktop printer producing a weekly newsletter to inform his neighbors, lodge brothers, co-religionists, or co-conspirators? Perhaps more to the point today, does the privilege also protect the proprietor of a web log: the stereotypical “blogger” sitting in his pajamas at his personal computer posting on the World Wide Web his best product to inform whoever happens to browse his way? If not, why not? How could one draw a distinction consistent with the court’s vision of a broadly granted personal right? If so, then would it not be possible for a government official wishing to engage in the sort of unlawful leaking under investigation in the present controversy to call a trusted friend or a political ally, advise him to set up a web log (which I understand takes about three minutes) and then leak to him under a promise of confidentiality the information which the law forbids the official to disclose?
The state legislatures have dealt with this vexing question of entitlement to the privilege in a variety of ways. Some are quite restrictive.
Some interesting assumptions and ideas here:
- That a blogger is someone “posting ... his best product to inform [his readers]” (in pyjamas, of course!)
- That setting up a Web log could grant instant journalism shield status (and if Web publishing is publishing to the world, whose definition of journalist takes precedence? Where the writer is? Where the server is? Where the source is? Where the subject is? Where the reader is?)
- That one (undesirable) alternative to blocking bloggers from enjoying “freedom of the press” may be to license journalists in some fashion.
- That liberty of the “press” is the ultimately the right of “the lonely pamphleteer,” and is a “fundamental personal right.” To turn a phrase, the courts seem prone to decide that freedom of the press shouldn’t belong just to the companies that own one.
As a blogger, it’s nice to hear at least some speculation from the judicial branch on the possible treatment of blogs, though under U.S. law, if I remember correctly, off-topic musing in a decision doesn’t carry as much weight as discussion specifically applied to the case at hand.
This may, incidentally, be the first mention of “blogger,” “blog” and “web log” in a D.C. court opinion: (search here)
Source: First saw this on Poynter Online - E-Media Tidbits.
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