This document provides five rules of reputation management on the internet according to Bennet Kelley, founder of the Internet Law Center. The rules are: 1) The internet protects copyrights more than people. 2) What you don't know can hurt you so be careful about information online. 3) Be careful of cyber threats and report credible threats. 4) Think before acting to avoid negative streisand effects. 5) Address negative content through positive engagement and search engine optimization. The document also outlines Kelley's background and practice areas of internet law.

1. Bennet Kelley
www.internetlawcenter.net
@InternetLawCent
FIVE RULES OF REPUTATION MANAGEMENT
1

2. HAPPY VETERANS DAY
1 in 29 LA County Residents is a Vet
We Thank You For Your Service

3. BENNET KELLEY
Founder of the INTERNET LAW CENTER in Santa Monica
Host of CYBER LAW AND BUSINESS REPORT Broadcast through Webmaster Radio and iHeartRadio Nominated for LA Press Club Award for Best Public Affairs Talk Radio Show in 2014
Honors:
Named One of Most Influential Lawyers in Digital Media and E-Commerce by Los Angeles Business Journal
Past Co-Chair of the California Bar Cyberspace Committee
Selected By US Dep’t of Commerce to Present on U.S. E-Commerce Law as part of U.S.-China Legal Exchange
Three Time LA Press Club Award Winner

4. WHAT IS AN INTERNET LAWYER?
RUT- ROH
MONTY PYTHON and the HOLY GRAIL Keeper of the Bridge of Death

5. MY PRACTICE
COUNSELING
•Online Compliance
•Website Terms
•Privacy
•Online Advertising
•E-Commerce
•Contracts
•Start Ups
•Legal Infrastructure Corp Formation, Contracts, Trademarks
DISPUTE RESOLUTION
•Contracts
•Trade Secrets
•Spam/TCPA
•Trademark/Copyright Infringement
•Domain Name Issues
•Cyber Abuse
•FTC/AG Investigations

6. WHICH ONE GETS THE GREATER PROTECTION ON THE INTERNET?
COPYRIGHTS?
PEOPLE?

7. RULE #1
THE INTERNET PROTECTS COPYRIGHTS
DIGITAL MILLENNIUM COPYRIGHT ACT
PEOPLE NOT SO MUCH

8. DMCA TAKEDOWN NOTICE
Website Immune for 3rd Party Copyright Infringement if Complies With Safe Harbor Take Down Procedure
•ID the work infringed and the material infringing it
•Good faith belief not authorized
•Accurate and authorized under penalty of perjury
•Contact information and signature

9. RULE #2
WHAT YOU DON’T KNOW
CAN HURT YOU
IT’S ON THE INTERNET, SO IT MUST BE TRUE

10. If a tree falls . . .
OLD SCHOOL
TODAY

11. SET UP ALERTS
FOR
YOUR NAME
YOUR
BUSINESS
YOUR COMPETITORS

12. RULE #3
BE CAREFUL

13. CYBER THREATS
25 Percent of online stalkers move to offline activity
Report Credible Threats to Law Enforcement
Department of Justice/FBI Run ic3.gov
Obtain civil restraining order

14. RULE #4
AIM BEFORE
YOU SHOOT

15. You’ll never guess which house is mine?
THE STREISAND EFFECT

16. “There is no telling how many people have downloaded the photograph . . . numbers could easily be in the thousands”
•Pre-Complaint Downloads – Less than 10 (Mostly by her lawyer)
•1 Million Hits 1st Month After Lawsuit

17. ANTI-SLAPP MOTIONS
CAL CCP SECTION 425.16
(a) [T]here has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process.
(b) (1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.
ORDERED TO PAY
$177,107.54
IN FEES

18. CDA Immunity
THE INTERNET’S GET OUT OF JAIL CARD or MAGNA CARTA?
•No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another content providers. Communications Decency Act of 1996 (“CDA”), 47 U.S.C. § 230(c)(1)
•“By its plain language § 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.” Zeran v. American Online, Inc., 129 F.3d 327, 330 (4th Cir. 1997), cert. denied, 24 U.S. 937 (1998).

19. CDA PURPOSE
The Congress finds the following:
•(1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens. . . .
•(3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.
It is the policy of the United States—
•(1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
•(2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation. . .

20. NOT SO ABSOLUTE
ABSOLUTE
David S. Ardia, Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity under Section 230 of the Communications Decency Act, 43 Loy. L.A. L. Rev. 373 (2010).

21. Court rejected claim that Yelp practices were extortion since that requires that litigant have “a pre- existing right to be free from the threatened harm, or that the defendant had no right to seek payment for the service offered.” Yelp’s actions were not a “wrongful use of economic fear”. Boris Y. Levitt, et al. v. Yelp Inc., No. 11-17676, 2014 U.S. App. LEXIS 17079 (9th Cir. Sept. 2, 2014)
Fact that Yelp created star rating based on reviews, did not “transform an interactive computer service into a developer of the underlying misinformation.” Kimzey v. Yelp Inc., 2014 WL 1805551 (W.D. Wash. May 7, 2014).
Cal. Court of Appeal judge reversed a SLAPP dismissal of a False Advertising action based on Yelp’s claims that each review “passed through a ‘filter’ that gave consumers the most trusted reviews.” Demetriades v Yelp!, 2014 WL 3661491 (Cal. App. Ct. July 24, 2014).
THE YELP CONUNDRUM

22. “Stupid is, as stupid does.”
KLEARGEAR’S SELF-INFLICTED WOUND: Attempt to enforce non-disparagement clause becomes cause célèbre, resulting in judgment of $354K.
CALIFORNIA PASSES ANTI-KLEARGEAR LAW: A contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.
FORREST GUMP AWARD

23. RULE #5
THE FORCE MAY BE WITH YOU
WHAT’S SEO?

24. ADDRESSING NEGATIVE CONTENT
CONTACT THE POSTER
CONTACT WEBSITE MAY VIOLATE SITE TERMS
BURY THEM IN KINDNESS CONTENT
Increase Positive Reviews
Social Media
Blog Posts
Other Content

25. CONTACT
INTERNET LAW CENTER
100 WILSHIRE BLVD, SUITE 940
SANTA MONICA, CA 90401
(310) 452-0401
bkelley@internetlawcenter.net
Skype: bennet.Kelley
Twitter: @internetlawcent
Blog/Newsletter: Cyber Report
Ilccyberreport.wordpress.com

26. WEDNESDAYS AT 10AM
Follow Us on Twitter
@CyberLawRadio

27. PRESENTATION ON SLIDESHARE.NET