“Sticks and stones may break my bones, but words will never hurt me.” Think again. No one wants their reputation, the name of their business, or their products dragged through the mud on the Internet. There are now web specialists called “online reputation managers,” who claim to manipulate Internet search results so the negative links will appear further down the list of results, and hopefully be missed. The lead story in the New York Times, Sunday Styles Section (April 3, 2011), “Erasing The Digital Past,” describes a few companies in this business, and their fee structures which can average from $5,000 to $10,000 a month for high level executives or celebrities, to $120 to $600 a year for run of the mill cases.
Continue Reading Before You Hire That Online Reputation Manager, Consider Your Legal Alternatives

The preliminary Staff Report issued by the FTC earlier this month is the most aggressive effort by the FTC to date on the issue of online and mobile privacy generally. The preliminary Staff Report proposes a “do not track” mechanism along with an overall online privacy framework that would rigidly regulate how information is collected both online and through mobile devices, how it can be used, and how it must be stored. Deviating from the distinction between “personally-identifiable information” and “non-personally-identifiable information” that has formed the foundation for other privacy regulations and legislation, the framework proposed in the preliminary Staff Report maintains that such dichotomy is no longer relevant. Because this is arguably a profound change in the existing state of regulation in this area, the preliminary Staff Report is being circulated for comment before it becomes final. This article provides a basic outline of the proposed framework for those who may not already be familiar with the preliminary Staff Report.
Continue Reading The Federal Trade Commission’s Proposed Framework For Consumer Privacy Protection – The Basics

Web businesses have fueled the natural cynicism that consumers have when reading online reviews. There are too many reported instances of businesses or PR firms using employees or paid reviewers to post glowing reviews, and, in addition, mark as unhelpful negative reviews of their respective businesses.
Continue Reading ‘Astroturfing’ With Fake Reviews Exposes A Company to Legal Risk

Words matter. Words can come back and bite you. Think before you speak. These are all self-evident truths that no one is likely to dispute. Yet, we continue to see examples of people, who should know better, doing just the opposite. This is especially true in the context of electronic communications – first, in work emails, and now, on social media websites. If it was a simple matter of personal embarrassment alone, then there would be no need for this article. This is not the case however.
Continue Reading Why Every Business Should Have A Social Media Policy