NJ Supreme Court To Consider Bloggers' Argument That Shield Should Cover Comments

The New Jersey Supreme Court has agreed to hear an appeal by life coach and blogger Shellee Hale, who argues that a state appellate court wrongly determined that she wasn't a "journalist" for purposes of the state's shield law.

Hale, who criticized the software company Too Much Media on a message board, argues that she was acting as an "internet reporter investigating corruption" at the time she posted her comments on the message board, and therefore is entitled to protect the identity of her sources.

New Jersey's reporter shield law broadly allows journalists to keep their sources' identities confidential. But the Appellate Division of the Superior Court of New Jersey ruled that Hale could not claim the benefit of that law because she wasn't a journalist. "Defendant has produced no credentials or proof of affiliation with any recognized news entity, nor has she demonstrated adherence to any standard of professional responsibility regulating institutional journalism, such as editing, fact-checking or disclosure of conflicts of interest," the court wrote.

The lawsuit grew out of allegedly defamatory posts by Hale on Oprano, which calls itself "the Wall Street Journal for the online adult entertainment industry." In one post, Hale hinted that Too Much Media engaged in "fraudulent, unethical and illegal uses of technology," according to the appellate court's opinion.

Too Much Media sued Hale for defamation and attempted to discover the identities of people who provided her with information. She unsuccessfully argued to the trial judge and appellate court that the state's shield law gave her the right to protect her sources' identities.

After losing in the appellate court, Hale asked New Jersey's highest court to consider her case.

Her lawyer, Jeffrey Pollock, argues that the lower court's decision could put all online journalists at risk of losing the benefits of the shield law. "If the court were to decide that people writing on the Internet, for the public's benefit, who cite confidential sources are not entitled to the shield law, you are going to have a big problem with freedom of the press in the future."

Too Much Media's lawyer, Joel Kreizman, counters that Hale wasn't acting as a reporter in that she didn't publish news on her own blog or on a Web site affiliated with a news organization. "She participated in an online conversation. That's not reporting," Kreizman says. "Even if you're a reporter working for a recognized newspaper, that doesn't mean you can go outside your newspaper, on a chatroom, and just defame people," he adds.

by Wendy Davis

What ads do moms want to see on mommy blogs?

When mothers read mommy blogs they are focused on many things, but not themselves. A new survey from rich media solutions provider Unicast sheds light on which ads they like, and those ads they expect to see, while browsing mommy blogs.

When Unicast surveyed 1,700 Power Moms for its 2010 Back to School Survey they found that saving money is still front of mind for the vast majority (80%) and ads that promise to lessen the strain on the household's purse strings are welcomed. No surprises there.

However, the survey did throw up some interesting findings.

Advertisers will be pleased to learn that only 6% of Power Moms "hate" online ads. In fact, over a third (35%) really like them or find them helpful.

But before you get too excited, a word of warning. Don't bother advertising products for mom on mommy blogs.

It was clear from the survey that moms put their kids, and their family's stomachs, first. When asked what ads they want to see on mommy blogs they responded as follows:

- 69% like ads for groceries
- 49% want ads for children's clothing
- 42% want ads for children's toys/games
- 41% want ads for children's entertainment
- 39% want ads for baby items.

Less than a third of Power Moms were interested in seeing ads for products for themselves such as beauty products, clothing, entertainment or travel.

"With these insights, marketers can better leverage ad campaigns across the web and specifically with mommy blogs - a highly trusted resource for millions of parents," said Bryan Hjelm, VP of Product and Marketing for Unicast.

"Not engaging with these blog publishers means ignoring an active and devoted audience of prime consumers: Power Mom readers preparing to shop."


by Helen Leggatt

NJ Police Create Facebook Perp Walk

Here's another one for the "bound to happen eventually" file: It seems police in the town of Evesham, N.J., have begun posting mug shots on the police department's Facebook profile, in a move that is basically designed to publicly shame miscreants ranging from drunk drivers to car thieves and worse. Equally predictable is the wave of criticism this has elicited. Some of these are good points, but I think there is a way to post photos without hurting anyone unjustly.

First of all, lawbreakers forfeit some (though not all) of their privacy in breaking the law. While the right to privacy still protects important information like their social security numbers and health histories, it does not cover their basic identity -- meaning their name, address, and likeness. Police stations and courts are public places, so the very act of being arrested and hauled in front of a judge reveals their identity to anyone who cares to inquire. Furthermore, public shaming of transgressors is an established practice -- many local newspapers already feature a "Police Blotter." If it happens that online social media is a more effective medium for shaming the transgressor by reaching a larger public audience, well, all the better, right?

The only problem I can see with this approach is the potential for posting a mug shot of someone who was wrongly arrested -- but frankly that is a pretty big problem. It's easy enough to figure out whether someone has been driving under the influence, but what about cases where a person is falsely accused of a serious crime to tarnish their reputation? And of course police also make honest mistakes (e.g., Buffalo police arresting the wrong suspect in the shooting which left four people dead last week).

In light of these facts, it seems inappropriate to indiscriminately post arrest photos -- as the Evesham police appear to be doing -- as it goes against the spirit of the rule that suspects should be considered "innocent until proven guilty." A safer approach might be to post mug shots once the suspect has confessed or been convicted of the crime, or at least waiting until they have been charged.

So what about law enforcement posting "wanted" photos of suspects on social media sites? This strikes me as a qualitatively different from what the Evesham police are doing. A fugitive at large could inflict further harm on the public, and in my view this outweighs any concern over damage to his or her reputation if he/she should happen to be innocent. By contrast, a mug shot depicts someone who is already in custody, meaning there is no immediate utility in posting it for all to see.

NJ Attorney General Warns Against Social Media Scams

Stupid is as stupid does, mama always said. I'm not quite sure what that means, but I have a feeling it has something to do with giving money to people you don't know online.

The rise of social media has been accompanied by all sorts of exciting innovation by clever crooks, for example burglars spying on social network users to figure out when they'll be away from home. But social networks are even better-suited for con men and identity thieves, who exploit the inherent sense of trust and affection between friends to scam unsuspecting users. That's according to New Jersey Attorney General Paula T. Dow and the state's Acting Consumer Affairs Director Thomas R. Calcagni, who say they have seen an increase in the number of social media scams on Facebook or other sites, often using hijacked accounts.

The NJ officials' statement warns against one common approach in which scam artists hack into a user's account and access their address book, then send messages pleading with their friends to wire cash because they are stuck in some foreign country. To make it extra-alarming, they might construct elaborate stories about being robbed, getting sick, or having an accident in some place that is nice to visit, but not somewhere you'd really want to stay. They can even throw in details like the names of spouses or boyfriends/girlfriend and various kinds of biographical information to make it extra-convincing -- all gleaned from the user's profile, of course.

Dow stated: "People lower their guard when someone they know from a social networking site needs their help. Rather than sending an email to random people, these thieves have learned they can improve their chances by hacking into social networking accounts and then directing pleas for money to the account holder's list of friends." Common tricks used by criminals trying to hack into social network accounts include anything which requires you to paste a URL into your browser, quizzes, polls or contests asking for personal information like your social security number, credit card number or bank account information, requests to update Flash or download a new program, and anything that asks you link to another page and invites your friends there.

Okay, I don't want to be too harsh here because I imagine the criminals can go to great lengths to present a convincing come-on, and they're taking advantage of good-natured, trusting individuals. But trust is overrated, and there is a right way and a wrong way to be good-natured.

First of all, if someone sends me a serious message over a social network, my first instinct would be to ask why they didn't send me an email or call. If they are sending the message to my email address (having located it in an online address book) I would be somewhat more inclined to hear them out, but it would be pretty easy to confirm that they are who they say they are, by asking questions like "where/when did we meet," "when's the last time I saw you," or something else -- not on their profile or anywhere else online -- only they would know. I'd also try calling them and sending messages to their other email accounts seeking confirmation of the story.

And after I finally confirmed they were real, then -- and only then -- would I tell my friend in Turkish prison to go hit up someone else cuz I blew it all in Vegas last week. Good luck and godspeed, voyager! P.S. send a postcard.

Is Social Optimization the New SEM?

As Facebook reaches 500 million users, Twitter reaches 20 billion Tweets, and U.S. consumers devote close to a quarter of their online time on social networks, it is little wonder firms are seeking to optimize these networks.

Even less surprising: an industry has sprung up to help them do so. Called "social optimization" many of these providers are defectors from the search space. Gigya, for example, shifted its business model late last year when it realized publishers like Huffington Post and USA Today were getting more traffic from social referrals than from search engines (via Portfolio). "It became obvious to us that there is an addressable market of at least tens of thousands of online businesses who are willing to pay at least tens of thousands of dollars for both the technology and service for social optimization, in the same way they have paid for search optimization," CEO Dave Yovanno told Portfolio. He maintains that optimized the right way, social could be the top source of traffic for businesses.

Another convert is ShareThis. CEO Tim Schigel tells Portfolio that social marketing will drive an increase in display advertising because of the way it can segment audiences. "With search, you’re only able to get to people when they’re searching," he said.

Facebook Questions and Social Search

Social networks, for their part, are actively taking steps to hijack search traffic, facilitating this trend even faster. One example is Facebook Questions, which launched in beta last week. People use it to ask - and answer - such questions as 'who makes the best pizza in Manhattan' to 'which is better for an eight-year-old - Wii or Xbox?'

In the long run, Facebook Questions could have a significant impact on the emerging category of social search, Evan Bailyn, founder of FirstPageSage told TechNewsWorld. "Question like these tend to make up a tremendous portion of searches. With Facebook in the picture now, I would guess there would be enough data to increase search traffic by hundreds of millions of queries. "It is going to give them a big slice of long-tail search — and a leg up on Google as well."

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