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Aug 15, 2018

Rhetoric aside, libel and media law haven't changed that much

My August column for the South Carolina Press Association:
In an initiative fostered by the Boston Globe, newspapers and other news organizations are publishing editorials this week—primarily this Thursday, Aug. 16—denouncing President Trump’s frequent attacks on the news media, including his assertion that the media are “the enemy of the people.”

Jun 20, 2018

Source secrecy in the modern era

The Justice Department’s accessing of reporter Ali Watkins’s email and phone records as part of a leak investigation is just one of several recent incidents in which the federal government has obtained the digital and other information about journalists’ activities in order to identify confidential sources.

May 16, 2018

The (Court)Room Where It Happens

My May column for the South Carolina Press Association:
In the second act of the hit Broadway musical “Hamilton,” the Aaron Burr character expresses his jealousy at being excluded from –and his desire to get into – the meetings that his rival Alexander Hamilton participates in where major decisions are made to plot the course of the new United States. “I / Wanna be in / The room where it happens,” Burr sings.

Apr 20, 2018

Facebook, privacy and newspapers

My April column for the South Carolina Press Association:

Facebook and its chief executive Mark Zuckerberg are being criticized far and wide for the company’s lax privacy practices after it was revealed that the political data firm Cambridge Analytica had used a seemingly innocuous personality test to collect data on 87 million Facebook users, which it combined with data from other sources to develop psychological profiles that were used in support of President Trump’s 2016 campaign.

In response, Zuckerberg has apologized that the company had not sufficiently protected its users’ data. “We have a responsibility to protect your data,” he wrote, “and if we can't then we don't deserve to serve you.” He also accepted personal responsibility for the misuse of the data. “It was my mistake, and I’m sorry,” he said in a statement before the Senate Judiciary and Commerce committees. “I started Facebook, I run it, and I’m responsible for what happens here.”

And Zuckerberg also outlined changes that Facebook has and will take to protect its users’ privacy. One of the most significant is his announcement that the site will offer privacy controls that comply with strict new privacy rules that will go into effect in Europe in May, and will offer these controls to users worldwide, not just in Europe. A number of lawsuits have also been filed against the site over privacy issues and the Cambridge Analytica incident in particular.

You may be concerned about all of this if you have an account on Facebook, or on other sites that follow similar business models of collecting users’ data. (Which is virtually all of them, including Google.) But people in the newspaper business should also be concerned about these developments, and the possible consequences, for their businesses.

Even though Facebook has lately backed away from its content partnerships with news sites—the result of a previous kerfuffle over the company’s practices in highlighting stories—many news sites still require Facebook logins for their users. In fact, only a few years ago requiring such logins was seen as a way to tame notoriously disorderly comment sections. By requiring such logins, is a newspapers’ website complicit in Facebooks’ privacy policies—and failures?

Even if news websites eschew Facebook’s logons and use their own, there are questions about security of their users’ private data. What data is collected, how it is protected, and how is it used? And if a newspaper’s website charges for access, how secure is the users’ payment information?

This could also affect any website that has advertisements. How are the ads placed? What personal information about users is used to determine which ads appear? How much personal information do the advertisers get when their ad appears to a particular user? How much do they get if the user actually clicks on the ad?

And what platform hosts your site? Researchers recently discovered that many websites—including of the larger news websites and platforms, such as Wordpress, that host smaller news organization’s sites—actually have the ability to track all of users’ keystrokes.

It’s unclear if there will be any changes in the wake of Zuckerberg’s appearance before Congress. Two senators have introduced a bill to give users more control over their data. Others have suggested adoption of some of the forthcoming European rules.

Anyone that operates online—either as a user or a provider—should stay aware of the debate over internet privacy, and legislative attempts to address it.

Mar 7, 2018

Public accountability needed after mass shootings

Less than a week after the horrific shooting spree at Marjory Stoneman Douglas High School in Parkland, Florida, that killed 17 students and staff members, a coalition of 16 news outlets and organizations filed a motion with the criminal court overseeing the prosecution of the shooter, arguing that hearings and records in the case should be open to the public.

Feb 14, 2018

First Amendment February at the U.S. Supreme Court

My latest South Carolina Press Association column:
February may be the shortest month, but it is full of arguments in major First Amendment cases at the U.S. Supreme Court. And while none of the cases directly involve the media, whenever the High Court considers a free speech case there is the possibility of major impact on First Amendment law generally.

Jan 26, 2018

Should the Courts More Frequently Use Public Opinion Polls in Defamation Cases?

A press release from the National Communications Association on my article that has just been published in the journal First Amendment Studies:

Jan 17, 2018

Washington woes, a Charleston charade and some hope

My January column for the South Carolina Press Association...
 
When I was a legal fellow at the Reporters Committee for Freedom of the Press we had an “outrage meter” drawn on one of the whiteboards in the reception area. The “needle” on the meter would be redrawn frequently, either towards the left or right, depending on the latest developments in media law and the perceived threats to freedom of speech and the press.

During most of my tenure, the outrage needle mainly fluctuated in the middle range. But if the Reporters Committee still has such a meter, recent developments on the national level and here in South Carolina would be pushing the needle into the red danger zone, and perhaps beyond. But there are also reminders of the importance of the First Amendment, and the role of robust media in the democratic process.