Social Media Law in 2013: Even Bigger!

Photo Courtesy of Woodspin

I love social media law, so I made a point of following the high-profile, Twitter-related legal disputes of both 2011 and 2012. I recall the headlines about the Twitter defamation case involving singer Courtney Love, which was groundbreaking. Before that, many thought that you could tweet anything without serious repercussions. Though this point of view was promoted in several quarters, it didn't take long for the reality to sink in: you can't! Even innocent tweets, as lawyer Kerry Gorgone wrote recently, can sometimes have far-reaching consequences.

Other rulings have been equally thought-provoking: (1) Judge Liam O'Grady's 60 page opinion allowing the Department of Justice access to Wikileaks-related Twitter accounts and the emails and info associated with them, (2) The United States v William Lawrence Cassidy, which involved a man (Cassidy) who used twitter to send thousands of vulgar messages to a female Buddhist leader, and, (3) the decision forcing Twitter to hand over info about Malcolm Harris, an Occupy Wall Street protester. 

And yet…I didn't find them nearly as fascinating as Phone Dog v Noah Kravitz, which dealt with intellectual property. It produced a very interesting question: what is the monetary value of a Twitter follower? $50.00? $10.00? This is a great topic right? Yes it is. But because the case was settled out of court for an unspecified amount, that question remains open. The case also underscores the importance of written agreements that spell out who owns a business' social media accounts.

2012 saw a huge jump in lawsuits, and I expect that to continue in 2013. And look for social media evidence to be used a lot more. I remember a criminal conviction being reversed in 2011's Antoine Levar Griffin v State of Maryland, which had a MySpace post as one of the key pieces of evidence. Attorneys increasingly see a huge benefit to sifting through social networks for anything relevant to their clients.

I highly recommend The Guardian's piece on the ten types of legal risks that apply, or potentially apply, to Twitter. A very insightful and informative post that's guaranteed to inspire a higher level of curiosity. To be clear, social media law goes far, far beyond the boundaries of one or two social networks. A simple online search will bring up cases and/or concerns regarding all types of companies and scenarios. So get ready. 2013 should be another great year in this rapidly emerging field.

Social Media Needs a Super Bowl Ad

When Twitter ran its first television commercial in late spring, it was a moment many had been waiting for. Myself included. It was a great beginning, something to build on. But the company should think bigger. Much, much bigger.

As I reasoned three years ago, Twitter should develop a Super Bowl ad. No, not anything formula, like one with a celebrity endorser. What I am talking about is a television commercial with highlights of Twitter's undeniable impact, and complemented with CEO Jack Dorsey's voice. Think back to how compelling the 1999 "Crazy Ones" commercial was with Steve Job's now memorable narration.

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Are you with me now? This would be hot right? Yes indeed.

Now I do have an ulterior motive in pushing this. I believe that once one of the big Social Media Netoworks makes a Super Bowl ad buy, the rest will surely follow suit. And that would be an exciting development. Think about it: Pinterest and Instagram's emphasis on the importance with visual social media; Linkedin's impressive new additions, particularly its sleek new redesign; Tumblr and its 20 billion page views per month; Facebook's sudden emergence as a mobile powerhouse; and Google Plus, which has seen its numbers rebound dramatically.

With all of that mind, envisioning a commercial for each company would not be difficult. Social media influences so much of our lives: who we vote for, our healthcare decisions, what we purchase, etc. So why not share the social media message of community, culture, and innovation with a billion-plus Super Bowl viewership on 6 continents, and potentially gain hundreds of millions of new members in the process? 

Television is more social than ever before. And social good activists would be happy as well because such a move by these titans of tech would surely, albeit slightly, help close the global digital divide. Social media has been baking a cake for decades, from the first email in 1971 to the latest trends and industry shifts of the past year. It's time to put on the frosting and share the cake with parts of humanity, unwilling to take part, or unaware of the advances. People are visual, so, during the world's biggest annually televised event, tell a global story that will captivate, empower, and inspire. 

It makes complete sense. It's time to shine. Let's make this happen.

Michelle Millman on Journalism, Social Media and Being a Survivor

What makes a great journalist? Someone who works hard to uncover the truth, stays on top of trends and issues, frames the discussion, and turns their personal struggles into teachable moments for viewers and/or readers? Yes, all of that and more. In my youth, Linda Ellerbee, Max Robinson and Cecilia Alvear were three outstanding journalists who stood out. Not just for what they reported, but for what they gave to their profession.

When you observe the stellar career of Seattle’s Michelle Millman, you come to the very same conclusion. She’s a veteran journalist who thinks globally about topics, and can brilliantly conceptualize and present them for “local consumption.” Her intellect and command of topics is as impressive as her ability to connect with an expansive and diverse region of viewers. But what has endeared Michelle to an international audience is how she looked adversity in the face, and beat breast cancer.

When one goes through something of this magnitude, they lean on their family and friends the most. But when you are a media personality known for your uncommon generosity, tens of thousands of viewers become supporters you can lean on, too. So the power is not just in how Michelle speaks to the news camera or a teleprompter. It is also in her inspiring story of courage and triumph. I was happy when she agreed to share her thoughts about the state of her profession, and how her life has been transformed.

Photo Courtesy of Michelle Millman

In recent years, we have seen reporting that integrates traditional media with social media. How effective do you believe this has been?

Michelle Millman: I think social media, together with traditional media gathering, can be effective. Through Twitter and/or Facebook I am able to reach people who have a story to tell or have some connection to a story I am covering. I have to admit, this is a little harder to accomplish the traditional way. Don’t get me wrong, the “old school” way of making calls, finding addresses or knocking on doors still works, but it’s amazing how fast you can reach people through social media. Also through Twitter and Facebook I can tell my followers what story I am working on or when I’m anchoring a newscast what compelling stories are coming up — it is my hope that immediacy drives more viewers to our newscast.

Also, with the popularity of social media traditional journalists are now competing with bloggers who live right in the community they are blogging about — who knows an issue better than someone who lives in that neighborhood or community? Continue reading