When the virtual world is not so virtuous

A student posted this comment on a social media site: “Who wants to shoot up the DMACC Ankeny campus the same time I shoot up the Urban campus?”

Twitter post results in DMACC student’s arrest, Tom Alex, Des Moines Register

You can almost guess what happened next. He was charged with first-degree harassment.

But this isn’t an isolated incident of social media being used as the basis for the filing of criminal charges. In this country, land of the free and home of the brave, words alone posted in a virtual world have become evidence of criminal activity in the real world. With the wide dissemination of information on social media sites, free speech isn’t so free any more. Freedom of expression doesn’t equate to freedom to say anything. Anything you say can and will be used against you in a court of law.

A lawyer I recently broached this subject with, described how in a criminal case the defendants already charged with one crime, used Facebook to organize intimidation of witnesses against them. To their chagrin the prosecutor knew how to use Facebook. What is it with people thinking that you can say anything online and somehow you have immunity from reason? Why do people believe they can say anything in the virtual world without being held responsible? Is it because somehow there is a disconnect between what is typed and posted but not spoken by the out loud? 

Where the virtual world is not so virtuous - A word typed is a word spoken.

One of my clients has filed a complaint with Facebook to remove content describing physical injury, including death, wished upon her by an entire family that describes themselves as descent people. Is this short sighted, idiotic, acceptable free speech or criminal activity meant to intimidate another person? You be the judge. Are these decent people who are simply misguided in wanting to get even? Are they blind to the fact that if something bad were to happen to the virtual victim they then become the primary suspects? 

Get a clue folks.

Another lawyer describes how in a mediation conference the agreement for settlement is reached based on an agreement for confidentiality, only to be broadcasted immediately to her friends from under the conference table by the injured teenager. This is a clear violation of the terms of settlement that could result in nullification of the settlement agreement.

When Social Media Becomes a Royal Pain

Bottom Line: Get a clue – some things are not meant to be a part of social media.

Facebook Crimes on the Rise, Experts Warn. Samantha Murhpy, August 11, 2011

9 Most Bizarre Facebook Related Crimes, Oddee Post, August 10, 2011

Cyber Crime, Facebook