Court rules blogger is not a journalist

Last week a federal judge ruled a blogger, Crystal Cox, was not a journalist and not subject to first amendment protections. I haven’t been following the case very closely, but was a little concerned about the precedent and the liability for people like me who blog.
Reading some of the articles on the case, though, I’m less worried. This isn’t a blogger making some statements. Instead, Ms. Cox acted more like a stalker and harasser than a reporter. The judge even concluded that had she been granted protection as a journalist it was unlikely she could prevail as there was little factual basis for her statements.
Others have done better summaries of the case and the effect and I encourage everyone to read them.
Seattle Weekly
New York Times
Ars Technica
Forbes

I also discourage folks from applying this ruling to all bloggers. It’s not clear she was doing anything journalistic. I did find it interesting that some of her techniques to ruin the lawyer’s search results were defined as Search Engine Optimization. I’ve long thought SEO was akin to spam: say something often enough in enough places and you start to dominate the conversation. Not because you have anything useful to say, but because no one can get an idea in otherwise.

Cyber Monday
The Constitutionality of SOPA

Related Posts

Marketing or spamming?

A friend of mine sent me a copy of an email she received, asking if I’d ever heard of this particular sender. It seems a B2B lead generation company was sending her an email telling her AOL was blocking their mail and they had stopped delivery. All she needed to do was click a link to reactivate her subscription.
The mail copy and the website spends an awful lot of time talking about how their mail is accidentally blocked by ISPs and businesses.

Read More

Don't be Amelia

I have an adorable cat that I ‘taught’ that I would pet her if she tapped me on the arm or shoulder with her paw. It was cute for a while, but then she got more and more demanding. Eventually, she was clawing at my clothes and skin to get attention and petting.
It’s gotten to the point where I have to put a stop to it. She’s just getting too destructive to me and my clothing. So over the last two weeks I’ve been trying to only reward those touches that don’t involve claws and giving her a stern “NO CLAWS” when she does try to claw me.
As I was sitting here this afternoon, going through yet another round of NO CLAWS with her, I realized that my interactions with her were eerily similar to email marketing.
You see, Amelia started using her claws to get my attention because I didn’t always respond to her gentle taps. But claws hurt, and were a problem, so I would respond. This is exactly like marketers who don’t see a response to their email marketing campaigns and thus up the aggressiveness of those campaigns. More mail, more frequency, stronger offers, anything to get a response out of recipients.
Eventually, though, the recipient finally gets annoyed. The aggressive “taps” result in spam complaints. The sender has pushed the recipient from “it’s not so bad” to “make this sender stop bugging me.”
Email marketing is interruption marketing and there is only so much recipients will tolerate. And, trust me, few email marketers are as cute as my Amelia Cat.

Read More

Just stop spamming!

Al posted a clip from the Jim Carrey movie Liar Liar on SpamResource (slightly NSFW) that resonated with me this week.
If you meet me on the street and ask me what my job is I’ll tell you that I work with companies who send bulk email to make sure that they’re not sending spam. I do this by educating clients into good practices and teaching them how to send mail people want to receive. What this statement doesn’t tell people is that usually clients find me because they have been suspended by their ISP for spamming or blocked by some receiver.
Clients who find me because they can’t send mail usually hire me to solve their immediate problem. And I do give the the best advice I can to resolve their problem. But fixing today’s problem isn’t enough, you also need to fix the processes that caused the problem. To me, a critical part of my job is to set clients up for long term success by creating procedures that will get them delisted and keep them from being relisted in the future.
Sometimes, though, I have those moments Al is talking about. When clients don’t actually want to fix their problems, they just want to argue. They want to argue about the definition of spam. They want to argue about permission. They want to argue about how awful their ISPs are for suspending their account. They want to argue about CAN SPAM. They want to argue about free speech. They are angry and they want to fight.
My role is to listen to them, then guide them down a constructive path. I do turn out to be the sounding board for a lot of customers, sometimes they just need to know someone is listening to them. Once they get it all out we can move on into solving the problem.
But, boy, are there the occasional conversations where I just want to scream, “JUST STOP SPAMMING!”

Read More