Bennet Kelley www.internetlawcenter.net

@InternetLawCent

FIVE RULES OF REPUTATION MANAGEMENT

1

HAPPY VETERANS DAY

1 in 29 LA County Residents is a Vet

We Thank You For Your Service

BENNET KELLEY Founder of the INTERNET LAW CENTER in Santa Monica

Host of CYBER LAW AND BUSINESS REPORT Broadcast through Webmaster Radio and iHeartRadio Nominated for LA Press Club Award for Best Public Affairs Talk Radio Show in 2014

Honors: Named One of Most Influential Lawyers in Digital Media and

E-Commerce by Los Angeles Business Journal

Past Co-Chair of the California Bar Cyberspace Committee

Selected By US Dep’t of Commerce to Present on U.S. E-Commerce Law as part of U.S.-China Legal Exchange

Three Time LA Press Club Award Winner

WHAT IS AN INTERNET

LAWYER?

RUT-

ROH

MONTY PYTHON and the HOLY GRAIL Keeper of the Bridge of Death

MY PRACTICE

COUNSELING

• Online Compliance • Website Terms • Privacy • Online Advertising

• E-Commerce • Contracts

• Start Ups • Legal Infrastructure

Corp Formation, Contracts, Trademarks

DISPUTE RESOLUTION

• Contracts

• Trade Secrets

• Spam/TCPA

• Trademark/Copyright Infringement

• Domain Name Issues

• Cyber Abuse

• FTC/AG Investigations

WHICH ONE GETS THE GREATER PROTECTION ON THE INTERNET?

COPYRIGHTS? PEOPLE?

RULE #1

THE INTERNET PROTECTS

COPYRIGHTS

DIGITAL MILLENNIUM COPYRIGHT ACT

PEOPLE NOT SO MUCH

DMCA TAKEDOWN NOTICE

Website Immune for 3rd Party Copyright Infringement if Complies With Safe Harbor Take Down Procedure

• ID the work infringed and the material infringing it

• Good faith belief not authorized

• Accurate and authorized under penalty of perjury

• Contact information and signature

RULE #2

WHAT YOU DON’T KNOW

CAN HURT YOU

IT’S ON THE INTERNET,

SO IT MUST BE TRUE

If a tree falls . . .

OLD SCHOOL TODAY

SET UP ALERTS

FOR

YOUR NAME

YOUR

BUSINESS

YOUR COMPETITORS

RULE #3

BE CAREFUL

CYBER THREATS

25 Percent of online stalkers move to offline activity

Report Credible Threats to Law Enforcement

Department of Justice/FBI Run

ic3.gov Obtain civil restraining order

RULE #4

AIM BEFORE

YOU SHOOT

You’ll never guess which

house is mine?

THE STREISAND EFFECT

“There is no telling how many people have downloaded the photograph . . . numbers could easily be in the thousands”

• Pre-Complaint Downloads – Less than 10 (Mostly by her lawyer)

• 1 Million Hits 1st Month After Lawsuit

ANTI-SLAPP MOTIONS CAL CCP SECTION 425.16

(a) [T]here has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process.

(b) (1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.

ORDERED TO PAY

$177,107.54

IN FEES

CDA Immunity

THE INTERNET’S GET OUT OF JAIL CARD or MAGNA CARTA?

• No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another content providers. Communications Decency Act of 1996 (“CDA”), 47 U.S.C. § 230(c)(1)

• “By its plain language § 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.” Zeran v. American Online, Inc., 129 F.3d 327, 330 (4th Cir. 1997), cert. denied, 24 U.S. 937 (1998).

CDA PURPOSE The Congress finds the following:

• (1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens. . . .

• (3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.

It is the policy of the United States—

• (1) to promote the continued development of the Internet and other interactive computer services and other interactive media;

• (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation. . .

NOT SO ABSOLUTE ABSOLUTE

David S. Ardia, Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity under Section 230 of the Communications Decency Act, 43 Loy. L.A. L. Rev. 373 (2010).

Court rejected claim that Yelp practices were extortion since that requires that litigant have “a pre-existing right to be free from the threatened harm, or that the defendant had no right to seek payment for the service offered.” Yelp’s actions were not a “wrongful use of economic fear”. Boris Y. Levitt, et al. v. Yelp Inc., No. 11-17676, 2014 U.S. App. LEXIS 17079 (9th Cir. Sept. 2, 2014)

Fact that Yelp created star rating based on reviews, did not “transform an interactive computer service into a developer of the underlying misinformation.” Kimzey v. Yelp Inc., 2014 WL 1805551 (W.D. Wash. May 7, 2014).

Cal. Court of Appeal judge reversed a SLAPP dismissal of a False Advertising action based on Yelp’s claims that each review “passed through a ‘filter’ that gave consumers the most trusted reviews.” Demetriades v Yelp!, 2014 WL 3661491 (Cal. App. Ct. July 24, 2014).

THE YELP CONUNDRUM

“Stupid is, as stupid does.” KLEARGEAR’S SELF-INFLICTED WOUND: Attempt to enforce non-disparagement clause becomes cause célèbre, resulting in judgment of $354K.

CALIFORNIA PASSES ANTI-KLEARGEAR LAW: A contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.

FORREST GUMP AWARD

RULE #5

THE FORCE MAY BE WITH YOU

WHAT’S

SEO?

ADDRESSING NEGATIVE CONTENT

CONTACT THE POSTER

CONTACT WEBSITE MAY VIOLATE SITE TERMS

BURY THEM IN KINDNESS CONTENT

Increase Positive Reviews

Social Media

Blog Posts

Other Content

CONTACT INTERNET LAW CENTER

100 WILSHIRE BLVD, SUITE 940

SANTA MONICA, CA 90401

(310) 452-0401

bkelley@internetlawcenter.net

Skype: bennet.Kelley

Twitter: @internetlawcent

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