Class 8 Law 2018W Social Media

June 11, 2018 | Author: Stan Benda | Category: Documents


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Acquisiti - Future without Secrets


What will a future hold without secrets hold


https://www.ted.com/talks/alessandro_acquisti_why_privacy_matters


Enriquez - online life is a tattoo



SOCIAL MEDIA


Employment


Privacy


Marketing


Fake News



SOCIAL MEDIA


Defamation


Freedom Of Expression


Revenge / Child Porn


Propaganda



Interaction between people irrevocably changed how people interact with each other


Replaced talking, meeting, introductions or even being present


Expunged privacy


Democratizes the spread of information and erases the boundaries of time and distance


Promotes homophily- listen to others like yourself and exclude others


Allows intimacy and authenticity


DIALECTIC
Newspapers followed "if is bleeds it leads"
SM instead feeds on scandal, the powerful and privileged

Deliberately evokes anger, anxiety, vengeance, moral indignation

Uses overgeneralizations, sensationalism, ad hominem attacks, belittles, ridicules, mocks, extreme hyperbolic forecasts

Provokes outrage





VS






AND YOU
Average person spends 8 hr 41 mins on phones
4 / 10 check their phones at night if it wakes them
In the morning more time checking emails than eating breakfast
30 mins of the period is actually reading (knowledge)


AND WHAT IS THAT TIME SPENT DOING?
Over half is video streaming
Entertainment
TV
Music
Movies
Games
Social Media


TED


SOCIAL MEDIA
What's The Big Deal?







PERSPECTIVE & POTENTIAL

Networked World Replaced the Mass media industrial world
Non-formal, cooperative, low capital information economy represented by individuals and well as members of social and cultural groups
Internet supports many to many
Internet is the mode of carriage for all media, media now a site of co-ordination for groups
Former audience now producers not just consumers

Clay Shirky




BACK TO THE FUTURE
Evan WIllians - Listening to Twitter Users
Dated but still instructive


LAW – Internet / Phones / Data / Content
CRTC decisions on
Net neutrality
Second tier ISPs
CASL (spam)
Cultural content
Industry Canada
spectrum auction rules
Communications Canada / CSIS
Surveillance
Privacy Commissioner
PIPEDA

WHERE ARE WE HEADED?
+ Internet
+ Cloud computing
+ Big Data
+ Smart Phone
+ Convergence
+ Signaling
+ Social Media
= No Privacy?
= Societal / Political changes?
= Calls for Censorship? Legal input?


WHERE WE HAVE BEEN and WHERE WE ARE GOING
Everybody wants to be on the internet
Everything is going on the internet?
All of these people and things are talking to each other on the internet
Law facilitates or stifles?


REVIEW & BLEND

SEGUE MUSIC RECAP
BIG STROKES
Poverty and lack of training led to computer generated hip hop sound
So the computer democratized music
Consequently producer is key not "musician" or "artist"
Albums gone, only the single matters – being replaced perhaps by the playlist

SONGS
Designed to be heard many times before you learn to like it – track and hook
Lyrics a sonic backup to music not a communication
Words stitched together from 100 takes to make vocals perfect
Performance royalties to artist
Work royalties to producer
Producer deducts costs against performance royalties


WHO IS MAX MARTIN?
Max Martin– 21 no.1 hits as a composer
McCartney 32
Lennon 26
Backstreet Boys
Westlife
Britney Spears
Céline Dion
Kelly Clarkson
Marion Raven
The Veronicas
Pink
Avril Lavigne
Jessie J
Katy Perry
Christina Aguilera
Taylor Swift
NEXT BIG SOUND
SMART&TIMELY INSIGHTS FOR THE MUSIC INDUSTRY
We make it easy to track daily social and streaming data for any artist, all in one place.

GAMING

Jane McGonigal
Why?
Collaboration
Worldwide
Focus
Thrill
Eliminates social timidity

Remember the TED with the choir! Same concept
SPORTS
Activity is live
Convergence allows observations anywhere anytime
Stimulus for new sports activities
Players converted to avatars
Publicity & Post Mortem Issues
Communication through social media
Broadcast rights
Branding (trademarking)
Morality clauses (not CR moral rights) in contracts

WHAT HAS SOCIAL MEDIA DONE?
This means…
Everybody can:
Talk to the world
Seek an audience – point to mass)
Be an audience – mass to point
Broadcast
Act as if they have an audience, wants an audience

Everybody
Judge
Comment
Chide
Converse









TROLLS
Russian – international
Make you disbelieve because a disbelieving fragile unconscious audience is easier to manipulate
American – domestic
China – both domestic and international
Censorship and nationalism
Condensing public opinion into consensus
COURTS RULING – Employment
Disparaging comments by workers on Facebook grounds for dismissal. There is no expectation of privacy

…posting comments on their Facebook accounts is the same as making the statements on the shop floor worksite.
Lougheed Imports v United Food and Commercial Workers 2010 CanLII62482


LEGAL CONSEQUENCES
Posting Policies
Address inappropriate
Spats
Criticisms of person, product or service
Employment
Who owns the accounts
Ee access and purpose
Off duty ee conduct
Racism, sexism

LEGAL cont.
MARKETING

Shift in advertising
Advertisers converse
Contests
Legal in jurisdiction
Follow SM operator rules
Voting procedures
Consumer contributions owned by whom, vetted?
PRIVACY

PIPEDA
Use not Disclosure
Negative Consent
Consent
Behavioral Advertising
Data crossing Borders
LEGAL cont.
DOMAIN NAMES
Infringing
Cybersquatting
Blackmail
Dispute resolution
.com
ICANN, Uniform Domain Name Dispute Resolution (UDRP)
.ca
Canadian Internet Registration Authority's Domain Name Dispute Resolution Policy (CDRP)



TRADE MARKS
Infringement
Passing Off
Depreciation
Blurring
Tarnishment




BLOGS
Monitoring
Removal of comments
Blocking comments
Citing other blogs
Liability



THE DIALECTIC

SOCIAL MEDIA - COMMERCIAL
Posting / moderation guidelines
Employment
Using it
Discussing Employer
Marketing / Contests
Domain Names
Privacy
IP
E-Commerce

RELATED ISSUES
This Week's Class
RELATED ISSUES
Next Week's Class
WHAT IS IT?
COMMUNICATION BY TECHNOLOGY
Pictures – instagram
Video – Periscope / Meerkat
Public Diaries – Facebook
Public CV – Linked In
Blogs
Personal Webpages
Texting
SHARING
Twitter
Reddit
Pinterest
Tumbler
Digg
Stumbleupon

CONSEQUENCES Waiver of privacy or release of sufficient for Big Data to piece together a biography

SITES - Policies
Site T&Cs
Dos and don'ts
Ownership of IP
Worldwide license to posting
Warrant testimonials are true
Privacy


SITE - Commerce
Protection / Enhancement of brand
TM / Domain Name
Testimonials
E-commerce
Security, consent, consumer protection
Cloud Provider Issues





UNEXPECTED
EMPLOYMENT
Materials for employer's investigation
Use of employer's infra-structure
On duty / off duty conduct on SM justifying discipline / discharge

LITIGATION
Evidence
Personal injury
Employment
Criminal
Infringement






COURTS HAVE RULED
A person who maintains a private, or limited access, Facebook profile stands in no different position than one who sets up a publicly-available profile. Both are obliged to identify and produce any posting that relate to any matter in issue in the action
–Leduc v Roman, [2009] O.J. no. 681 (Ont. SCJ)


COURTS RULING – Criminal
Computers (and phones) are searchable but with a search warrant
R v Morelli [2010] 1 SCR 253
Careful!!!! Going through customs does NOT require a search warrant for examining your computer, assuming you are entering a rule of law country


SOCIAL MEDIA & BUSINESS & LAW

DIALECTIC II
Defined by personality
Reactive
Ideologically selective
Lone voice
Engaging
Internal intertextuality
Volume / ubiquitous
Huge Audience

Lynching by technology
Twitter universe went aflame…
Opinion polls on twitter say…
Forced resignations
Underserved besmirched corp & personal reputations ("taint")

Loss of public discourse
Polarization of politics
REVIEW THEMES
AGENDA
SOCIAL MEDIA THEMES
Where
Was technology
Is technology now
Is technology going

I Review



What is it?

Information
Communication
Generation
Big Data
Convergence
Control

II Social Media
– Basics
– Business Issues
– Dialectic: War & Peace
– Fake News
– Solutions
Dialectic Approach
Good
Bad
Aspirations

Law

Context
Social
Commercial
Political
Law?





"Going to Africa. Hope i don't get AIDs. Just kidding. I'm white".
Justine Sacco, Communications director of large internet empire (ie. Tinder, Vimeo, Okcupid)
Had 150 friends, one retwitted it
It went viral
Incidentally 2 years prior she twitted: I had a sex dream about an autistic kid last night




HOT SPOTS with nuclear weapons issues
The nine dash line – China & US
North Korea – North Korea / China & US
Baltics – NATO and Russia
Ukraine – USA & Russia
Impact of Social Media?
Role of Facebook etc.


Know who you are dealing with
MOBCRACY not Democracy
Outrage
Feeds on itself
Generates a fellowship
Ostracized if not outraged
Think of Tahrir Square and Euromaiden
Can't Easily correct fake news / outrage
People don't trust mainstream media
People trust their biases / mindsets
Fake sexier than real news
Cancer on Democracy
Amplifies division
Big data identifies your buttons
Buttons are pushed
Biases are reinforced
Different facts / prisms
No shared empirical basis for compromise
Other side slandered, dare not compromise
No compromise
Charlatans, conspiracy, nativism
Russia attacked US and citizens attacked each other
Extreme ideological segregation brings poor information and the proliferation of biased narratives fomented by unsubstantiated rumors, mistrust and paranoia

A world without facts, cleanly segregated by ideology and national allegiance, will be a dangerous one.






LEGACY
Anything Arising?


Solutions??





SOCIAL MEDIA
© 2017 Dr. Stan Benda
Law 723 Ryerson University
Technological solution legally enforced?
Social media expose citizens to wide range of ideas and perspectives
Especially those inconsistent with their big data characterization
Promote freedom of information and expression
People engage with views of fellow citizens NOT suppress or dismiss them
Means universities go back to entertaining dangerous ideas not conformist positions
A difference sort of "Cancon" for the CRTC?
Personally beware of self-righteousness, confirmation bias, certainty of position





NEXT WEEK
Defamation
Freedom of Expression
Concept
Net
University
Hate Speech, Revenge Porn, Cyber-Bullying


TAKE AWAYS
What surprised?
What confused?
What sticks ?








SERIOUS NOTE
TED, Monica Lewinsky
Monica Lewinsky - Price of Shame
Law
Transparency
Disclosure of who paid for ads
Public feed of information source, distribution, use
Friction
Pop up warnings
Hate Speech Takedowns
Careful, facebook ministry of truth?

SOLUTION? – Very old fashioned
Get an education
Humanities & Science
Read read read (never stop learning)
Currency and Breadth
Know your sources
Trust and Integrity not ease
THINK CRITICALLY


Is there a role for the law? What?
The result: Fragmentation, Polarization and extremism - people hear only one voice





The new Miscegenation
1960
5% of Republicans and 4% of Democrats would be displeased if their child married outside of the "party:
2010:
49% & 33%
Higher % then for marrying outside of their race
Self-Ghettoization
Judgement about Truthfulness of data
Evaluated on
Source
"Traditional" media respected or scorned / "Alternative" media sought or rebuffed
Story
Prism
Context
Information overload, unable to process, can't tell fake from real (Onion, Daily Me)
Actors centrality and influence over audience

Decision to propagate Data
Considered True
Audience – inform, entertain, mislead, confirm (echo chamber)
Propagator Goal – misinformation or disinformation
Misinformation becomes disinformation – KKK and Trump associated
Disinformation becomes misinformation – Removal of the Statute of Liberty by Trump
Pure misinformation – MMR and autism by anti-vax
Pure disinformation – Propaganda or comedic


FAKE NEWS



ATLANTIC ARTICLE – HOW SOCIAL MEDIA IS BEING WEAPONIZED


DOUBLE THINK
Feelings not thoughts
Impulse not logic
Entitlements not obligations
Political Correctness not Analysis
Sacred Cows beget Violence
Rumors become truths
"Decontaminate": Resign, fire, purge, ban
FUDGE (fear, uncertainty, doubt, greed, envy)
Humiliation & Bullying







WHY
Irrelevant
Facts
Investigation
Context
Privacy
Consequences
Defamation
Freedom of Expression
Suppression of thought
Employer Rights (retwitts and twitts)

The perversion of social media?
The Cast:
Amateurs
Professionals
Actors / Agitators
Trolls
Partisan bots
Enemy Nations
Parties holding animosities
62% of US citizens get their news by social media


From 1984 to Animal Farm?
"Increasing economic incentives to produce fake and outrageous provoking stories, a rising distrust of media and institutions and the psychological inclination toward trusting what matches our world view…"




Early Example of the damage – Mis and dis
Formerly Doctor Wakefield
Paid by lawyers to provide a study that showed the MMR vaccine caused autism
Dozens of studies have proven the his claims baseless with poor protocols and experimental technique
Defrocked, Study withdrawn
Mothers still fear vaccinations and anti-vax movement founded
LEXICON & Studies
Fake News
Disinformation
Dezinformatsiya – deliberate culpable false information aimed to harm
Misinformation
False, inaccurate due to mistakes, negligence, bias, prejudice
Unverified rumours spread faster and are more engaging and persistent than verified ones




WHAT HAPPENED?
Demand for Constant Information
Comedy Took Over News and Political Events
News treated Social Media as a Valid Source (ergo hearsay legit)
Experts and Insiders debased
Facts became opinions or irrelevant to one's position


Hybrid Media
New and old media actors
These actors become sources of values, interests, logics
Crowd sourced information spreads amongst different media and often social media gets the story first
Broadcaster incorporate news and values from these online sites meaning instantaneity over verification
Old co-opting newer media
1970-80s
TODAY Sort Of




INSTITUTIONS & SHARED VALUES once

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Huntley and Brinkley

Edward Murrow
Walter Cronkite
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Anderson Cooper
Erin Brunette
Christine Amanpour
Marioa Bartiromo
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Webstie Truthy


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Dan Rather
Connie Chung
Roger Mudd
Bernard Shaw
Ed Bradley

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Platforms that facilitate the communication of ideas and information amongst users
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Max Martin's 58 Hot 100 Top 10s as a Songwriter

Peak Pos., Title, Artist, Peak Date
No. 7, "Do You Know (What It Takes)," Robyn, 8/2/1997
No. 2, "Quit Playing Games (With My Heart)," Backstreet Boys, 9/6/1997
No. 7, "Show Me Love," Robyn, 11/29/1997

No. 4, "Everybody [Backstreet's Back]," Backstreet Boys, 5/9/1998

No. 1 (two weeks), "...Baby One More Time," Britney Spears, 1/30/1999
No. 6, "I Want It That Way," Backstreet Boys, 6/26/1999
No. 10, "(You Drive Me) Crazy," Britney Spears, 11/13/1999

No. 6, "That's the Way It Is," Celine Dion, 3/4/2000
No. 6, "Show Me the Meaning of Being Lonely," Backstreet Boys, 3/18/2000
No. 9, "Oops!...I Did It Again," Britney Spears, 6/10/2000
No. 1 (two weeks), "It's Gonna Be Me," 'N Sync, 7/29/2000
No. 9, "Shape of My Heart," Backstreet Boys, 12/2/2000

No. 2, "Since U Been Gone," Kelly Clarkson, 4/9/05
No. 6, "Behind These Hazel Eyes," Kelly Clarkson, 6/11/05

No. 9, "U + Ur Hand," P!nk, 5/5/2007
No. 9, "Who Knew," P!nk, 9/29/2007

No. 3, "Hot N Cold," Katy Perry, 1/22/2008
No. 1 (seven weeks), "I Kissed a Girl," Katy Perry, 7/5/2008
No. 1 (one week), "So What," P!nk, 9/27/2008

No. 1 (two weeks), "My Life Would Suck Without You," Kelly Clarkson, 2/7/2009
No. 1 (one week), "3," Britney Spears, 10/24/2009

No. 10, "Whataya Want From Me," Adam Lambert, 5/1/2010
No. 1, "California Gurls," Katy Perry feat. Snoop Dogg, 6/19/2010
No. 2, "Dynamite," Taio Cruz, 8/21/2010
No. 1 (two weeks), "Teenage Dream," Katy Perry, 9/18/2010
No. 4, "DJ Got Us Fallin' in Love," Usher feat. Pitbull, 10/9/2010
No. 8, "Teenage Dream," Glee Cast, 11/27/2010
No. 1 (one week), "Raise Your Glass," P!nk, 12/11/2010

No. 1 (one week), "Hold It Against Me," Britney Spears, 1/29/2011
No. 2, "F**kin' Perfect," P!nk, 2/12/2011
No. 7, "Blow," Ke$ha, 3/19/2011
No. 6, "Loser Like Me," Glee Cast, 4/2/2011
No. 1 (five weeks), "E.T.," Katy Perry feat. Kanye West, 4/9/2011
No. 3, "Till the World Ends," Britney Spears, 5/14/2011
No. 7, "I Wanna Go," Britney Spears, 8/20/2011

No. 1 (two weeks), "Last Friday Night (T.G.I.F.)," Katy Perry, 8/27/2011

No. 3, "The One That Got Away," Katy Perry, 1/7/2012
No. 6, "Domino," Jessie J, 2/18/2012
No. 1 (one week), "Part of Me," Katy Perry, 3/3/2012
No. 9, "Scream," Usher, 8/4/2012
No. 2, "Wide Awake," Katy Perry, 8/11/2012
No. 1 (three weeks), "We Are Never Ever Getting Back Together," Taylor Swift, 9/1/2012
No. 1 (nine weeks), "One More Night," Maroon 5, 9/29/2012

No. 5, "Beauty and a Beat," Justin Bieber feat. Nicki Minaj, 1/5/2013
No. 2, "I Knew You Were Trouble.," Taylor Swift, 1/12/2013
No. 7, "Daylight," Maroon 5, 2/23/2013
No. 1 (two weeks), "Roar," Katy Perry, 9/14/2013

No. 1 (four weeks), "Dark Horse," Katy Perry feat. Juicy J, 2/8/2014
No. 2, "Problem," Ariana Grande feat. Iggy Azalea, 6/7/2014
No. 4, "Break Free," Ariana Grande feat. Zedd, 8/30/2014
No. 1 (four weeks), "Shake It Off," Taylor Swift, 9/6/2014
No. 3, "Bang Bang," Jessie J, Ariana Grande & Nicki Minaj, 10/4/2014
No. 7, "Love Me Harder," Ariana Grande & The Weeknd, 11/22/2014
No. 1 (seven weeks), "Blank Space," Taylor Swift, 11/29/2014

No. 3, "Love Me Like You Do," Ellie Goulding, 3/7/2015
No. 6, "Style," Taylor Swift, 3/21/2015
No. 1 (one week), "Bad Blood," Taylor Swift feat. Kendrick Lamar, 6/6/2015
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Interaction between people irrevocably changed how people interact with each other
Replaced talking, meeting, introductions or even being present
Expunged privacy
Democratizes the spread of information and erases the boundaries of time and distance
Promotes homophily- listen to others like yourself and exclude others
Allows intimacy and authenticity
Defamation
Freedom Of Expression
Revenge / Child Porn
Propaganda
SOCIAL MEDIA
What will a future hold without secrets hold
https://www.ted.com/talks/alessandro_acquisti_why_privacy_matters
Acquisiti - Future without Secrets
Enriquez - online life is a tattoo

3/15/18

Click to edit Master text styles
Second level
Third level
Fourth level
Fifth level

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Employment
Privacy
Marketing
Fake News
SOCIAL MEDIA

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