With the recent headlines about Katherine Evans and her victory in Broward County, Florida regarding a judge's ruling, stated that she is allowed to sue her former principal.
Backed by lawyers from the Florida branch of the ACLU, Evans won her first victory this week when Judge Barry Garber ruled that she could proceed with the case because her Facebook group was protected by the First Amendment. "Evans' speech falls under the wide umbrella of protected speech," Garber wrote in his opinion. "It was an opinion of a student about a teacher, that was published off-campus, did not cause any disruption on-campus, and was not lewd, vulgar, threatening, or advocating illegal or dangerous behavior." - Digital Trends
Free speech does not condone defamation, however is what Katherine Evans wrote defamatory? That doesn't seem to be the case, the story is about the punishment that Evans received following posting ugly comments about one of her teachers.
Katherine Evans started the "Ms. Sarah Phelps is the worst teacher I've ever met!" group on Facebook back in 2007 and featured a photograph of the teacher and an invitation for other students to "express your feelings of hatred," prompting a three-day suspension from school principal Peter Bayer. The suspension came two months after the page was taken down. Evans was also removed from Advanced Placement classes.
Evans wants to have the suspension removed from her disciplinary record and receive a nominal fee for the violation of her First Amendment rights.
Maybe this is an example of the old cliché, "if you don't have something nice to say, don't say anything." Or in today's digital world, "if you don't have something nice to post, don't post it."
Remember, what goes online, stays online. What you post today can come back to haunt you later. If you are angry with someone, dislike your boss or teacher - think twice before you post about it. Today once you put it out there, it virtually impossible to take it back, and most people don't want to end up in a courtroom - no matter what side you are on. There are never any winners. Except the lawyers, in my opinion.
Although Katherine Evans has been given the green light to file her case, free speech lives on, however when will people start realizing enough is enough with some forms of Internet abuse? Cyberbullying, Internet predators, and sexting are just the start of the ugliness that lurks online.
Eventually the laws need to catch up with the free for all cyberspace.
Read more on Examiner.
Showing posts with label cyber image. Show all posts
Showing posts with label cyber image. Show all posts
Friday, February 19, 2010
Tuesday, December 8, 2009
Sue Scheff: Give the Gift of Virtual 'Presence'

Many people are out shopping those sales or using the Internet to shop for them. Have you stopped to think about who you are? What does your online identity say about you?
Maybe you have been a victim of identity theft? Worse could be character theft! That is irreplaceable without a lot of time, energy and tech savvy. Which brings us to a recent column and a perfect holiday gift to yourself or others (especially those hard to buy for).
Recently Wall Street Journal columnist Elizabeth Bernstein wrote an excellent column on Internet revenge, 'The Dark Side of Webtribution' and I was flattered to be in her article. She shared how it is imperative that people realize the power of the Internet, including social networking.
What people and especially small businesses need to understand is your online presence is priceless - giving someone (or yourself) a gift of their own URL, Blog or website can be cost effective yet valuable beyond words.
*Help jump-start your potential college applicant/application.
*Out of work? Learn to promote your skills online.
*Professional or small business owner? Learn to own and manage your virtual image.
Let's learn how to begin to create this gift of virtual holiday presence. Click here for tips and ideas.
Click here for part 2. Offers great tips and ideas for giving a virtual gift of pressence.
Click here to subscribe to my articles.
Monday, September 28, 2009
Sue Scheff: The Internet is a Information Highway - What is your Road Sign?

Are you a parent of a teen starting their college applications? Are you out of work, sending out your resume? Are you a small business owner and find your business is suffering? Are you a professional that depends on your good reputation?
If you have answered yes to any of the questions above, my new book is exactly what you need. Maintaining your online image today is as critical as having a good resume, outstanding application and keeping your offline personality similar to your virtual one.
I nearly lost my organization (Parents Universal Resource Experts), my reputation online was smeared, as well as the invasion on my private life was going viral while I slept. No, not literally slept, however I was not aware of what was slowing turning into what is considered a Google bomb.
One unhappy client, one disgruntled customer or a person that didn’t get the information they wanted, can take a few vicious keystrokes with a click of the mouse and turn your flourishing life into ruins. Your BFF today can turn into your foe tomorrow, or the soul mate you married is now your adversary. The latest source of revenge, is e-venge.
In my recent book Google Bomb, co-authored by prominent Internet attorney, John W. Dozier Jr., you will not only read about my unfortunate experiences, you will receive practical guidance to help you be proactive in protecting your cyber image. You will learn from my experiences and gain knowledge to build yourself an online profile you can be proud of.
Here are some quick tips to start. Remember, the Internet is today’s information highway and your name has a road sign.
1. Sign up for free services and post your resume or other information that pertains to your services, business, profession etc. Some of these services are Naymz.com, LookUpPages.com, Ziggs.com, LinkedIn.com.
2. For teenagers that will be applying for colleges, keep in mind, what you post today can haunt you tomorrow. More and more college admissions are using search engines to research their potential candidates. Take the time to secure your social networking sites and other places you surf. What does this mean? Keep it clean. Don't post anything you wouldn't want to show your parents or your grandparents!
3. Be sure to own your own name. Sign up for free services on Blogs with your name as the URL. Blogger.com and WordPress.com are two that are most frequently used. Try to keep them updated as time permits, however owning them is most important.
4. Set up your Google Alerts. You want to know when your name it being used online. This is another free service that will take you minutes to set up and keep you informed when your name is posted on the Internet. Twilert.com is used for Twitter Alerts. This is another free service to be alerted if people are using your name on Twitter.
5. Buy your domain name. This can be minimum in costs and the return will be priceless. Purchasing your name through GoDaddy or another source, can cost you about $9.99 a year (ie: http://www.suescheff.com/). Building a small website can also be cost effective. GoDaddy offers services to assist you. You may even know someone that can build this for you. Most kids today are very proficient with their technology skills.
Do you feel you don’t have time to sit in front of your computer and build your online image? You may want to consider hiring a reputation management online service. My personal experience is with ReputationDefender. Today there is a large number of them to choose from as the Internet has become our lifeline to information.
Whether you hire a service or do it yourself, the last thing you want to do is ignore your cyber image!
Back to where we started, you do want to get into your college of choice, you want to land your dream job and you want to keep your online profile up to date. Take the steps to make that happen.
For more fantastic and educational information to protect you and your family online, read Google Bomb today. It is priceless!
For more information: Dr. Michele Borba Review, Defamation Law Blog, Foreword by CEO and founder of ReputationDefender, Michael Fertik, Google Bomb book Press Room.
Also on Examiner.com
Monday, August 31, 2009
Sue Scheff: Do you know what Google is saying about you?

Do you know what lurks online?
Internet Safety has become a priority concern for many parents. Whether you are worried about predators online, or your child’s social networking; don’t forget about your child’s (especially teens) virtual image.
Today more and more colleges and employers are using your name or your child’s name in a “Google Search Box.” They may use other search engines, but Google seems to be the trend and most frequently used.
Years ago I woke up to find myself in the middle of a Cyber-War that I literally thought was simply a nightmare and what I was seeing/reading online had to be a mistake.
It wasn’t! If you can imagine the most horrible things being said about you, including sexual innuendos, anti-semantic remarks, and worse, you will be living what I went through.
My never before told story is finally told in my upcoming book, Google Bomb, The Untold Story of the $11.3M Verdict That Changed the Way We Use the Internet (Health Communications, Inc. September 2009). People that have reviewed this book are simply stunned, shocked and amazed what can happen to you if you are not aware of your online presence or have a cyberstalker.
Google Bomb will not only go behind the scenes of my 2+ year court battle that vindicated me with a landmark $11.3M jury verdict for damages done to me online (Internet Defamation and Invasion of Privacy), it will also offer you practical guidance. Have you been slimed online?
What does this have to do with parenting? Your child will be applying to colleges someday, or filling out job applications. Are they aware of what Google is saying about them? For that matter, do you know what Google is saying about you?
Remember, it can take 20 years to build a solid reputation about you, and only 20 minutes for it to be destroyed with evil keystrokes. Whether you have a disgruntled client, a friend turned foe or a relative that didn’t like the reading of a will – you need to be prepared to protect your cyber profile.
From students to teachers, lawyers to landscapers, truck drivers to doctors, stay-at-home moms to career women, teens to grandparents – no one is immune to what lurks online.
For more info: Google Bomb Book, Sue Scheff, Amazon, ReputationDefender Blog, Wit's End Book, EpicCenter Wired, UPI-Breaking News Google ordered to reveal anonymous Blogger, Washington Post, AARP Bulletin, LA Times Part 1, LA Times Part 2.
Also on Examiner.com
Wednesday, May 13, 2009
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
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
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