Sue Scheff: Facebook or Casebook?

Source: Toronto Sun

More like Casebook
Social networking sites can sometimes make or break a case in court

By VIVIAN SONG, NATIONAL BUREAU

Be careful what you post on Facebook or MySpace, because anything you say or upload can and will be used against you in a court of law.

Last year, for example, an Ottawa court heard that a civil servant had started a clandestine affair with an old friend she reconnected with through Facebook during a messy custody battle involving three kids.

In a Vancouver courtroom last month, defendants in a personal injury case produced photos from the plaintiff's Facebook profile showing that while Myla Bagasbas was seeking $40,000 in damages for pain, suffering and loss of enjoyment after a car accident, she was still able to kayak, hike and bike post-accident.

"Facebook will be seen as a gold mine for evidence in court cases," said Ian Kerr, Canada Research Chair in ethics, law and technology at the University of Ottawa.

But it will also challenge the courts to further define the notion of personal privacy. In a precedent-setting case this year, a Toronto judge ordered that a man suing for physical injury in a car accident be cross-examined on the contents of his private Facebook profile. Justice David Brown of the Ontario Superior Court of Justice overturned a previous court decision that called the defendant's request to look for incriminating evidence a "fishing expedition."

The very nature of Facebook is to share personal information with others, Brown wrote, and is likely to contain relevant information about how the plaintiff, John Leduc, had led his life since the accident. But if Leduc's profile is private with restricted access, is that considered an invasion of privacy?

"The courts sometimes don't get it," Kerr said. "The tendency in judicial opinion and popular thinking is that once something is out in the public, there's no such thing as privacy anymore. But that can't be right because we all have curtains."

For Facebook users, those curtains are our privacy settings. If our home is our castle, Facebook should also be considered a walled domain, Kerr said.

For example, while a member may post pictures from a beer bash the night before, that doesn't mean they would take the same pictures to show off to their boss the next day, Kerr explained.

Likewise, in Murphy versus Perger, a judge ordered that the plaintiff, who was suing for claims of personal injury and loss of enjoyment of life after a car accident, produce copies of her Facebook pages showing photos of her engaging in social activities. In her judgment, Ontario Superior Court Justice Helen Rady wrote "The plaintiff could not have a serious expectation of privacy given that 366 people have been granted access to the private site."

But having 366 Facebook friends doesn't entitle the rest of the world to view personal information meant only for certain eyes, said Avner Levin, director of the Privacy Institute at Toronto's Ryerson University.

"It's not how many people you share it with, it's who you choose to share the information with," Levin said. "The judge is missing the point. What's important is not how many people are your friends, but who you choose to know you."

While we're able to compartmentalize and separate people in our lives offline by assigning titles to different spheres -- co-workers, neighbours, family -- the online world fails to recognize those distinctions, he added.

It's a habit that spills over in the job hunt as well. Employers admit they rely heavily on information they glean about a candidate from Google searches and networking profile pages. But it's an unfair screening process, Levin said, and attaches more value to people's online identities -- and sometimes third-party information -- than the candidate they meet in real life.

"We need to suppress that tendency to go on Google and look people up. There's already a process of hiring that works for them and has been working for years," Levin said.

While we're more likely to trust a direct source and treat gossip with skepticism in the offline world, the same can't be said of online information.

Pruning online identities and putting a person's best cyber-foot forward are services offered by companies such as DefendMyName, a personal PR service which posts positive information about a client and pushes down negative links in Google. ReputationDefender also destroys libelous, private or outdated content.

"A resume is no longer what you send to your employer," said ReputationDefender CEO Michael Fertik. "More people look at Google as a resume."

But instead of authenticating information found online, people are trusting secondary material and treating Google like God.

"What happens is in a court of law, you have to prove something beyond a reasonable doubt. On the Internet though, many decisions are based on lower standards," Fertik said.

But is sanitizing a person's online reputation of unflattering content an infringement of freedom of speech and freedom of expression?

"Only if you believe Google is the best and most accurate source of information," Fertik said. "But I don't think Google is God. I believe Google is a machine."

vivian.song@sunmedia.ca

Google Bomb Book Available for Pre-Order

Pre-Order Google Bomb on Amazon.com today!

Our society has reached an all-time low. Simple keystrokes can now literally ruin lives, reputations, and cause years of suffering, and require exorbitant amounts of time, money, and sanity to rebuild a life and/or career that has been shattered by cyberbullying, Internet defamation, identity theft, privacy invasion, and so much more. There is even a term that has emerged into our lexicon that describes the practice of manipulating the ranking of web pages: Google Bomb.

Sue Scheff knows first hand about the devastating effects of Google bombing and Internet defamation. Her reputation was destroyed and she almost lost her business because of false and libelous statements about her and her business that went viral. Falling into a deep depression accompanied by agoraphobia, Sue could not escape the abusive attacks from strangers and the paranoia that accompanies such abuse. However, she fought back, and sued the figure head who launched the attack campaign and was awarded a jury verdict of $11.3 million--a case that has set the precedent for a massive debate on Internet regulation vs. free speech and Internet etiquette and safety policies.

Because there is so much to navigate and know about the unknown and mostly unchartered legal territories of Internet usage, Sue has rounded up some of the world's most preeminent experts on the newly emerging business of Internet law, including attorney John W. Dozier. In Google™ Bomb, Dozier and Scheff offer a hybrid of memoir and prescriptive self-help, as well as a timely call to action that will arm readers with what they can do to avoid falling victim to cyber abuse, rebuild their own ruined reputations, or avoid unknowingly committing a crime against strangers on the Internet.

Written with two markets in mind: those hundreds of thousands of people who are victims of Internet harassment and cannot afford legal council to help clean up their reputations, and those who have built a career, business, and personal reputation and want to be armed with protection and prevention techniques that will help them avoid falling victim to cyber bullies, hackers, e-vengers, and Phreaks.

The true-life story of Sue Scheff's landmark lawsuit and the lessons she learned coupled with invaluable expert advice from a top Internet legal and reputation defense expert, Google™ Bomb is a heavy-hitting, one-of-a-kind book that will likely spark debate, controversy, and save lives at the same time.

Michael Fertik, CEO and Founder of ReputationDefender which is one of the pioneers of Online Reputation Management Services, writes a compelling, informative and engaging foreword. This book is a book that will touch almost everyone that uses the Internet today.

Sue Scheff: Slimed Online - Just in Time for Google Bomb!

“GOOGLE BOMB” Take Cover! by John Dozier and Sue Scheff

Do you know what Google is saying about you?

Oh yes, it is almost here, my second book! This time around, I am honored to have co-author and Internet Specialist Attorney, John Dozier .

As my story of my landmark case of $11.3M jury verdict for damages unravels - many questions answers, John Dozier will bring us the legal landscape of today’s Cyber World - how to protect your online image and maintain a profile you are proud of! Have you thought about Internet Gossip vs Internet Fact? How do you know the difference? Don’t get caught in the web - read Google Bomb!

To compound our dynamic and explosive upcoming best seller - Michael Fertik, CEO and Founder of ReputationDefender will be writing the foreword! ReputationDefender is one of the pioneers in managing online reputations and helping keep your kids privacy safe online.
This timely book will offer you tools and remedies as well as a very compelling story that will keep you turning those pages! Remember, a 20 year reputation today can be destroyed within 20 minutes of vicious keystrokes.

Monkeys Don’t Fly? Do they? Ahhhh, just wait and you will see - the Internet has become its’ own animal. The Internet can be an educational tool - but - it can also be a lethal weapon!

Published by Health Communications Inc. (HCI) - Google Bomb will be released in Fall 2009.

Slim Online: http://www.portfolio.com/news-markets/national-news/portfolio/2009/02/11/Two-Lawyers-Fight-Cyber-Bullying

Sue Scheff: Teens, Parents and Facebook

Today more and more teens are joining Facebook as well as the other Social Network - however Facebook seems to be growing. Why? I honestly don’t know, but I do know parents are enjoying Facebook as much as many kids are. Recently I stumbled over an article on Tangerine Times written by a parent helping us navigate our way through the Social Cyberspace. This topic is critical - as keeping your child’s privacy is important for many reasons. Help your kids stay safe with Social Networking - read this valuable article.

Source: Tangerine Times

How to Help Your Teen Use Privacy Settings on Facebook

Many parents tell me they are frustrated with their teens’ use of Facebook. Here are some of the comments I hear frequently from parents:

“They know more than I do about how to use it and set it up, so how can I control it?”

“My kids are using it when I am not around, so how can I possibly know what they are doing, who they are talking to and if they are being safe with their information?”

“I feel this has gotten out of control, and I don’t really know what to do to get it back under control”

“I am afraid there are predators.”

“I give up. I just hope they aren’t doing anything stupid because I haven’t a clue what they are doing online.”

What I see are parents who over control (they deny their kids use of Facebook entirely) or parents who are completely “hands off”. And some of these are parents who normally wouldn’t dream of sending their child into an unknown situation without a little research. Crazy huh? I’ve decided to begin a campaign to de-mystify Facebook for those parents who feel they are not comfortable enough to set boundaries for their teens. It’s not rocket science but I completely understand their frustration in trying to understand it all.

Here are some tips about privacy settings on Facebook. It is never too late to ask your teenager about their privacy settings, even if they have had their account for years.

Click here for the entire article.

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ReputationDefender Launches MyEdge

As both a victim and now a survivor of Cyber Harassment, Internet Defamation - Reputation Defender is a priceless service for anyone that depends on the Web for their business and reputation. And don't forget ReputationDefender/MyChild - a must for all parents with kids that are online. - Sue Scheff

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Cell Phones and Risk by Connect with Kids

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Cyberbullying a Growing Concern for Parents and Schools

Parent's Universal Resource Experts is proactive in educating parents today on the issues surrounding our kids - the most critical today is the dangers of the Internet. As a Parent Advocate, (Sue Scheff), I believe we have to keep informed and up to date on Cyber-Safety.

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Sue Scheff featured on CBC Television Sunday News Magazine

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As a victim and survivor of Internet Slander (Sue Scheff) this segment on maintaining your online image is what many people, including parents of children, need to be aware of. Do you know what your online profile is?

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