Thu, 3 April 2008  Playing hooky? Not me...I'm podcasting. Featuring Featuring Howitzer Go visit: Digital Flotsam and the Electrical Language Podcast Download or play the show here Want a little gossip? Want a little rumor, some innuendo? I'm gonna tell you a little secret. On June 29, 2007, the straightest governor in New Jersey history, Jon Corzine appointed. Anne Milgram as the Attorney General. Oh she is such a babe, shes a good lawyer, and well, for purposes of her tapping my phone lines and otherwise investigating this podcast - she's got a tremendous sense of humor. But she is the head of Jersey Todd's favorite former employer, the New Jersey Division of Law and Public Safety and they have found an issue that affects the lives of all New Jerseyians, so much, so much, that even if it means involving precious State resources and legal brain power, even if it means making a New Jersey a national laughing stock, we're gonna go for it. Because its not about flawed voting machines, or tax reform, or education reform, or even, crime. No, the first Attorney General of the State of New Jersey that is actually younger than yours truly has sent her minions to attack the one thing that no lawyer has ever done really all that well dealing with....gossip. Did this one hit you at rumour city, did you catch this on the grapevine, did you catch the scuttlebutt? The nation's most smokin' Attorney General Anne Milgram, has sent some subpoenas out to the folks at Juicycampus.com, and some of their advertisers. And let me just say, in my best Colbert impersonation, that extra "E" on the end of Anne's name - that stands for "Excellent". Juicy Campus is a website that allows for visitors to post anonymous comments about people at colleges. You can post who's the biggest campus slut, and who's the dumbest professor, and you can do it all anonymously. I know these kids in college today all have it so easy. When I was at Syracuse in the nineties, we all knew that the campus slut was some girl named "Bullet-head" which was really odd because I never even knew her real name, I just heard some wacked out story about her at some fraternity party which involved some football players and small animals. Of course, I didn't hear the story until like May of my Senior year, and I have no idea why her nickname was "Bullethead", and even in my over-exposed to bad pornography brain, I still don't get the joke. However, you college kids with your fancy technology got us old men beat in the important information department. I dunno, when I was in school, all you had to do was ask someone. Its all a bit juvenille. Except when its not so juvenile. My secret crush, Anne, got involved with juicy-campus.com when a Princeton's University student's private information got posted on their website. This is not good. When the kid tried to get it off their site, their was no mechanism for them to do so. Now Juicy-campus tell their advertisers that they ban offensive material, but, uhm not really. It's kind of like putting out a suggestion box without actually having that little slot in the box to actually put the suggestions in. The problem is that many of the postings on juicy-campus are so malicious that students are afraid they will affect their real lives as Google continues to serve up search results to future employers and family members. Many students have complained that Juicy-Campus refuses to remove false statements about them, and the site isn't exactly gaining points among student organizations, school administrations, and lawmakers in general. The AG's office sent out a flurry of subpoena to juicy-campus and their advertisers under the New Jersey Consumer Fraud Act asking questions about the site, asking about how they get their ad revenue and how the jammy-jam is thrown together. The NJ Consumer Fraud Act deals with information in terms of a commercial transaction. If you had a highlighter, I'd ask you to take it and put a big yellow line through your screen and highlight that sentence - its going to be important later. Juicy-campus, through their public relations folks, raised holy hell in a press release this week stating that they've broken no laws, and that they are immune from civil liability due to the actions of their users. They've called the investigation "absurd" Yeah yeah, we're impressed tough guys. Maybe Juicy-campus shouldn't retain the public relations firm that is located in the mall somewhere next to Orange Julius and H.R. Block. These guys are doing more harm than good.
They are like, so, not getting it. This is absolutely 100% not a First Amendment issue. Apparently, Juicy-campus was so hopped up on diet coke and chocolate bars just waiting for someone to go after them on a First Amendment issue - like whether they can be held liable in a civil court if someone actually got hurt as a result of something posted on their site, not that they actually should care about that, that like Jo-bu from "Major League" they couldn't hit the curve ball that was thrown at them. This is a really developing and interesting area of the law and frankly juicy-campus shouldn't be so smug. Under Section 230 of the Communications Decency Act, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Ok, that's fine, and a case that came out of Texas, in 2007, called Doe v. My-space actually held My-space immune from liability for failing to institute safety measures to prevent sexual assaults of minors and failure to institute policies relating to age verification. It didn't mean that My-space didn't get off their ass and make some major changes to their site in terms of age verification and monitoring their comments, and maybe that was done for the legal end, but it was also done to satisfy those funky market forces, like their advertisers that don't want to besmirch their otherwise pristine reputations. In fact, companies like Google and Adbrite have refused to take Juicycampus' money. Doe v. My-space is only a decision from a District Court in Texas, and I wouldn't doubt for one second that the victim in that case, a 14-year old girl who was sexually assaulted after meeting someone on my-space isn't moving that case forward through the Court system, and I'm sure that some grandstanding legislator won't be using this story at some point to revise the rules of the CDA. Stay tuned kids, the law is going to change on this one right before our eyes, and its going to affect everyone on the net, and in the spirit of the March Madness season let me do my best Dick Vitale and make a prediction. The Supreme Court baybee, they're gonna be cleaning the Boards on this one. John Roberts, he's a diaper dandy. They're gonna take the CDA downtown. That Ruth Bader Ginsburg, RBG, is gonna throw the alley oop, and the Supreme Court is someday going to say that places like myspace or facebook or juicy campus is going to have to at the very least monitor their own sites for bad behavior. In the end, let me whisper something in the ear of those kids at Juicy-campus. This is not a First Amendment issue. As of today, the CDA says that Anne M. can't go after them over content. Even though these Juicy-campus.com permits and, in my humble opinion, encourages its users to post some awfully racist and sexist stuff and provides them absolute anonymity to do so. No, the AG can't send a few flying monkeys from her lair to check into that. So, she's investigating the relationships between Juicy-campus and their advertisers, and whether JC accurately told their advertisers how the site worked when they gave in some money to advertise on the site. Already, one advertiser has pulled their ads from the site, and if there is any other material misrepresentation going on here where money is exchanged Juicy-campus may have a lot of explaining to do, and perhaps Juicy-campus should lose its flippant attitude. Trust me, its Ms. Milgram if your nasty, and this is nasty. This is the Web 2.0 equivalent of going after Al Capone over tax evasion rather than his substantive crimes, and as we say in Joisey - you mess with the bull, you get the horns. oh....and how 'bout this:
Category: podcasts -- posted at: 11:57 AM Comments[6] |
