Privacy: Should I Blog About My Child’s Life On The Internet?

Consider Kids’ Privacy Before Posting Online

privacyThe genesis of the article evolved out of conflict I have seen over the past several years with divorced parents arguing about the scope of their child’s internet presence.  Typically, this comes up when one parent is freely posting pictures of their child all over the internet or blogging about their child’s personal foibles, which before the explosion of social media would have likely been kept quiet inside the family.  I decided to reach out to several psychologists to get their perspective on this controversial subject. I also sought their critique on the language I had drafted to include in Shared Parenting Plans  of divorcing parents designed to protect their child’s online privacy rights.

Dayton child psychologist Dr. Gregory Ramey, who has been a guest contributor to the Ohio Family Law Blog since 2007, was very enthusiastic about the topic.  Below is his article from the February 3, 2013, edition of the Dayton Daily News.

Do Mommy Bloggers Post Too Much?

Regular readers of this column know that I rarely relate incidents about my own three children. The reason is simple. Their right to privacy is more important than my need to tell an … Read More... “Privacy: Should I Blog About My Child’s Life On The Internet?”

Social Media Issues in Divorce Litigation – The New Frontier

social mediaIt is no longer a secret that attorneys that work in the domestic relations arena are mining social media networking sites, such as Facebook, for helpful evidence about the opposing party.  A person’s Facebook page is often a very fertile source of embarrassing information that may help sway a judge’s opinion about which parent is best to be the primary caregiver for the children at issue.  That is why it is extremely important for those engaged in a custody battle to be cognizant of what information about themselves (and their children) that they are choosing to share with the world on social media networking sites.

The old adage that “a picture is worth a thousand words” is very often true, especially when the picture is speaking to the lifestyle habits of a parent.  Anyone can dress nicely and appear respectful when testifying in court, but it’s what they do when they are unaware someone is looking that is the true test of their character.  Judges know this and it often impacts their decisions.  Pictures of people smoking marijuana or drinking in excess are becoming some of the most popular forms of evidence to disparage a particular parent’s capacity to raise … Read More... “Social Media Issues in Divorce Litigation – The New Frontier”

Potential Civil Liability for Unauthorized Access to Another’s Email Account

emailcivil.jpgI am not an Internet or cyberlaw expert by any stretch of the imagination. But I am not alone in that regard according to an interesting Associated Press. story that Judges on the nation’s top court are handicapped by a lack of knowledge about the Internet when deciding related cases–Justice Stephen G. Breyer, a U.S. Supreme Court justice, admits. If you have a minute, click on the link in blue to read some pretty humorous exchanges from the Justices when discussing technology related issues.

Without trying to grapple with all the subtle nuances on this subject, I do think it is important to make people aware that there are potential legal ramifications for anyone who enters another’s email account without permission and prints or downloads stored emails. There are two portions of the Electronic Communications Privacy Act (ECPA): the Wiretap Act and the Stored Communications Act (SCA). Title I of the ECPA, the Wiretap Act, prohibits interception of communication in certain instances.

An important case, especially for family law practitioners to read, is Jennings v. Jennings, a South Carolina case decided in July, 2010.   It involved a wife who learned that her husband was having an affair so … Read More... “Potential Civil Liability for Unauthorized Access to Another’s Email Account”

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