Thursday, September 15, 2011

#Computer Fraud & Abuse Act: New Boon for Criminal Lawyers

GWU Law Professor Orin Kerr's op-ed in today's NYT  "Should Faking a Name on Facebook Be a Felony?", and his take on how far the US Department of Justice wants to take this 1986 legislation is a must-read.

Unknown to most, that legislation has been quietly broadened over the years, and unless anyone raises a voice, its about to become a felony to write/post anything that "exceeds authorized access" to any computer, including writing/posting anything that's not true.

Sounds crazy? Well, the DOJ is planning to exploit the definition of "exceeds authorized access", the ubiquitous 'terms and conditions' that are part and parcel to the very tiny fine print displayed in every software application, and a condition to virtually every third party website, including social networks such as Facebook and LinkedIn.

Aggressively over-promoting the benefits of a soft drink?Are you doing the Alec-Bloviator-Baldwin thing, and stating on your Twitter account or FB page that "the barrista at Starbucks purposefully gave me bad service and didn't know what he was doing!"?  Boom: Potential 3 year jail sentence in a federal slammer.

Thursday, September 08, 2011

Marcom 202: Fired CEO Don't Call Board Members #Doofuses"

Who can't resist reading about Carol Bartz? This is a gal that's been at the tiller of major corporations, and at the same time, drops f-bombs faster than a machine gun. When she gets fired from her latest gig as CEO of Yahoo!, what does she do? She calls the board members " a bunch of doofuses"..

If ever there was a lesson not to be learned about how to control the messaging from a global brand's corporate HQ corner offices, this one might even trump the lessons that should not have been learned from the countless HP stories over the past number of years.

1. Firing a CEO over the phone is a very bad idea.

2. Which means that Carol is right, the board of YHOO! is a bunch of doofuses. Hiring Carol to run this company was a doofus move in the first place, but firing this firebrand over the phone takes the cake.

3. If they had the common sense to bring in a crisis management expert before someone was allowed to call Carol, one that would have also been fluent with marketing communication best practices, and who would have known how to pre-empt PR disasters like the one that happened today, 2 billion fewer people would have found out how munch of a doofus they are.