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Expectation of privacy? Not so fast - what you say (type) could come back to bite you in the tush!

By
Real Estate Agent with Keller Williams Realty - Lakeside Market Center

Downtown Mt. Clemens and the Macomb County Circuit Court buildingThere is an interesting case hitting a local court in which a message
board user said some rather unflattering things about a local city official
on a news based message board and is now being sued for saying typing
those words.

The local city official took much offense to those words and considered it
a defamation on his character.   (One of the sentences that was supposedly written was pretty darned ugly in my opinion and one I probably would have taken offense about.)



What is interesting about this case is that the suit originally was brought against John Doe as the official didn't know who was behind the words used until he filed his lawsuit and a subpoena was issued to open up the user records of the host of this news based message board.

Most Internet message boards, discussion forums, etc will protect the identity of their users and not reveal them until they are court ordered to do so.   The message board host fought giving over the user records initially, stating partly that the users had an expectation of privacy, but the court ruled against this argument. 

Open forums, message boards, discussion areas, public blogs - they are all open to scrutiny.  If we think an owner of these sites is going to spend their hard earned dollars defending our right to privacy we better think again. When push comes to shove (or a subpoena) the user information is going to be handed over.


Edited 10:44 a.m.:  If you click on the link above it will take you to the article I am citing, and the 2 sentences that the article quoted that are included in the lawsuit.  I'm not comfy posting those 2 sentences here.  (One of them I felt was really ugly - and does not deserve to be reposted)


~Kris Wales~  A Macomb County MI real estate agent and partner for your real estate needs.






Comments (37)

Charles Stallions
Charles Stallions Real Estate Services - Pensacola, FL
850-476-4494 - Pensacola, Pace or Gulf Breeze, Fl.

Broker Bob told me years ago to not put anything in writing I could defend in court. I guess that would go for typing as well.

 

Jul 20, 2009 12:46 AM
Marian Goetzinger
Pine Knoll Shores Realty 252-422-9000 - Pine Knoll Shores, NC
Crystal Coast Real Estate NC

I think it's a good idea to write it down and then wait a while before hitting "send".  Read it again and sometimes you'll see that you wrote something that you don't want the world to see.

Jul 20, 2009 12:50 AM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

The free speech privilege is great but it is what you do with those privileges that can bite...exercise good judgment! 

Jul 20, 2009 12:54 AM
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI

Thank you to whomever featured this article.  I'm interested in how it will all turn out and whether the "right to privacy" issue will be raised in this case during the actual trial.


Bob,  if the negative feedback is true I wouldn't worry about it.  You still can be truthful in this country (at least I think we can:-)

Teri,  You've noticed that too?  (When you get a huge number of people in a room there is bound to be one..)

Maureen,  I just went back to read the latest comments. Some are truly funny.  I'm hoping it isn't settled out of court because then we don't get to read all the juicy factual things that happened!

Charles,  Broker Bob is a smart man :-)

Marian,   That's a great tip.  Walk away for a while, and then consider it again.

Gary,  It can also take a big bite out of ones wallet!

Jul 20, 2009 01:35 AM
Chris Olsen
Olsen Ziegler Realty - Cleveland, OH
Broker Owner Cleveland Ohio Real Estate

Hi Kris -- I sure wouldn't make those assumptions either.  It's an unpredictable world we live in.

Jul 20, 2009 01:47 AM
Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production

I'd love to know what was said.  I think that would have as much to do with it as anything.  I will tell you that there is no anonimty even in an anonymous posting comment.  I'm familiar with I.P. law.  If you write it, they can track it.

Jul 20, 2009 01:56 AM
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI

Chris,   I learned a long time ago to never make assumptions :-)  Thanks!

Larry, if you click on the link in my article it will take you to my source.  On it, it shows 2 of the sentences that were posted that are included in the lawsuit.  (I wasn't comfy posting that verbage here.)  You betcha they can track it!   I'm not a genious but I watch CSI occasionally :-)

Jul 20, 2009 02:44 AM
Elizabeth Cooper-Golden
Huntsville Alabama Real Estate, (@ Homes Realty Group) - Huntsville, AL
Huntsville AL MLS

Kris, OUCH!  I'd be hopping mad if those comments were made about my family, for sure!  Is it true?  LOL...This is a great reminder to all of us to watch what we say! 

Jul 20, 2009 03:01 AM
Michael Cole
CPG Tours - Corona, CA

Hi Kris,

I've seen other cases like this as well. But as everyone has already commented, if you post it - you can be held liable. And it's pretty easy to track. Thank you for sharing.

Jul 20, 2009 04:30 AM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Kris, As a child my parents taught us to watch what we say...,as it will come back to haunt you. So, if you don't have anything nice to say..keep your mouth shut.  Or, in this case, log off your computer.

 

Jul 20, 2009 05:16 AM
Linda K. Mayer
License # 01767321 - La Verne, CA
Realtor, SRES, SoCAL, A REALTOR YOU CAN TRUST

I guess, think before you speak write!

Jul 20, 2009 06:29 AM
DriveBuy Technologies
DriveBuy Technologies - Austin, TX

Kris-

Here's an interesting experiment: google your cell phone number. I have found some strange things googling mine--nothing bad, just things that don't reflect my current interests or line of work. No, I'm no longer looking for a paintball team and I'm no longer trying to sell my used textbooks. 

Jul 20, 2009 06:39 AM
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI

Elizabeth,  That's why I didn't put those sentences in this blog article.  I didn't want to repeat it..I'd be hopping mad also.

Michael,  It's very easy to track.  In this case all it took was a subpoena.

Rebecca,  loved the "..log off your computer."  How easy.

Linda,     :-)  Yes. 

Ian,  
Of course you had me curious so I did just that.  2 pages, all work related.  Thankfully my cell phone is used for work and not personal business.

Jul 20, 2009 06:48 AM
"The Lovely Wife" The One And Only TLW.
President-Tutas Towne Realty, Inc. - Kissimmee, FL

Kris...

After reading it I see do see why you weren't comfy quoting it. I wouldn't have been either. The thing I find interesting is the fact that cases like this one will help to set a precedent, which in the end will make people think twice before typing trash just cuzz they can. Well, at least normal people will think twice. I hope :)

TLW...ROAR!

Jul 20, 2009 08:49 AM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

Kris, I always think everything we say, do or write (anywhere) is what represents us.  I'm careful to stay away from negativity and controversy...I just don't want the drama of battles fought online.  You're very right, we're always open to scrutiny.

Jul 20, 2009 12:07 PM
Roger Johnson
Hickory, NC

You should always be thinking about what you're saying (or typing).  Once it's on the Net, it's there forever.  As agents, we should be aware of the Code of Ethics, too.  Sometimes, agents give too much info.

Jul 20, 2009 12:31 PM
John Novak
Keller Williams Realty The Marketplace - Las Vegas, NV
Henderson, Las Vegas and Summerlin Real Estate

People have a false sense of security when they're behind their keyboards. In reality the opposite is true -- everything is out there for the world to see. Will be interesting to see if the city official goes after the administrator of the message board as well as the user. Or maybe the ACLU will jump in and make this a free speech issue.

Jul 20, 2009 04:45 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

If I remember my class many years ago correctly, defamation requires some type of publication.  And, it seems to me the internet would definitely count.

It seems to me we have less and less privacy. 

Jul 20, 2009 05:04 PM
Tom Burris
NMLS# 335055 - Baton Rouge, LA
Texas/Louisiana Mortgage Pro - 13 YRS Experience

Yes.... that goes beyong the 'you're ugly and you're mother dresses you funny" slogan.

I would be ticked off too.....

 

Jul 20, 2009 05:45 PM
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI

Billie:     sober normal people should think twice :-)  

Carole:   A wise lady once told me "scroll on by"...it's engrained in my head now.  No drama :-)

Roger:  You brought up something that I think some Realtors™ forget about - our own code of ethics.  Thanks Roger.

Christine,  It surely appears that it works in this case doesn't it?  I don't think the argument can be made that it wasn't published, but I'm not a good attorney!

Tom,  Hahaha!  Yes, it did go beyond that in my opinion :-)

 

Jul 21, 2009 01:00 AM