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Legal Liability Issues
Overview Intellectual Property Defamation Section 230 Privacy Bloggers as Journalists Reporter's Privilege Media Access FOIA Other Legal Issues Student Bloggers Election Law Labor Law Adult Material Also Index of all Questions Paper: How to Blog Safely Additional Resources Print this Guide Please note: EFF is a US organization and this guide is based on US law. If you are not a US resident, see our international resources. How to Blog Safely (About Work or Anything Else)Published April 6, 2005Updated May 31, 2005 Blogs are like personal telephone calls crossed with newspapers. They're the perfect tool for sharing your favorite chocolate mousse recipe with friends--or for upholding the basic tenets of democracy by letting the public know that a corrupt government official has been paying off your boss. If you blog, there are no guarantees you'll attract a readership of thousands. But at least a few readers will find your blog, and they may be the people you'd least want or expect. These include potential or current employers, coworkers, and professional colleagues; your neighbors; your spouse or partner; your family; and anyone else curious enough to type your name, email address or screen name into Google or Feedster and click a few links. The point is that anyone can eventually find your blog if your real identity is tied to it in some way. And there may be consequences. Family members may be shocked or upset when they read your uncensored thoughts. A potential boss may think twice about hiring you. But these concerns shouldn't stop you from writing. Instead, they should inspire you to keep your blog private, or accessible only to certain trusted people. Here we offer a few simple precautions to help you maintain control of your personal privacy so that you can express yourself without facing unjust retaliation. If followed correctly, these protections can save you from embarrassment or just plain weirdness in front of your friends and coworkers. Blog AnonymouslyThe best way to blog and still preserve some privacy is to do it anonymously. But being anonymous isn't as easy as you might think. Let's say you want to start a blog about your terrible work environment but you don't want to risk your boss or colleagues discovering that you're writing about them. You'll want to consider how to anonymize every possible detail about your situation. And you may also want to use one of several technologies that make it hard for anyone to trace the blog back to you.
1. Use a Pseudonym and Don't Give Away Any Identifying Details Also, if you are concerned about your colleagues finding out about your blog, do not blog while you are at work. Period. You could get in trouble for using company resources like an Internet connection to maintain your blog, and it will be very hard for you to argue that the blog is a work-related activity. It will also be much more difficult for you to hide your blogging from officemates and IT operators who observe traffic over the office network.
2. Use Anonymizing Technologies Invisiblog.com is a service that offers anonymous blog hosting for free. You may create a blog there with no real names attached. Even the people who run the service will not have access to your name. If you are worried that your blog-hosting service may be logging your unique IP address and thus tracking what computer you're blogging from, you can use the anonymous network Tor to edit your blog. Tor routes your Internet traffic through what's called an "overlay network" that hides your IP address. More importantly, Tor makes it difficult for snoops on the Internet to follow the path your data takes and trace it back to you. For people who want something very user-friendly, Anonymizer.com offers a product called "Anonymous Surfing," which routes your Internet traffic through an anonymizing server and can hide your IP address from the services hosting your blog.
3. Use Ping Servers
4. Limit Your Audience
5. Don't Be Googleable 6. Register Your Domain Name Anonymously Blog Without Getting FiredA handful of bloggers have recently discovered that their labors of love may lead to unemployment. By some estimates, dozens of people have been fired for blogging, and the numbers are growing every day. The bad news is that in many cases, there is no legal means of redress if you've been fired for blogging. While your right to free speech is protected by the First Amendment, this protection does not shield you from the consequences of what you say. The First Amendment protects speech from being censored by the government; it does not regulate what private parties (such as most employers) do. In states with "at will" employment laws like California, employers can fire you at any time, for any reason. And no state has laws that specifically protect bloggers from discrimination, on the job or otherwise. One way to make sure your blog doesn't earn you a pink slip is to make sure that you write about certain protected topics. Most states have laws designed to prevent employers from firing people who talk openly about their politics outside of work, for example. Be warned that laws like this do vary widely from state to state, and many are untested when it comes to blogging.
1. Political Opinions
2. Unionizing
3. Whistleblowing
4. Reporting on Your Work for the Government
5. Legal Off-Duty Activities Blog without FearBlogs are getting a lot of attention these days. You can no longer safely assume that people in your offline life won't find out about your blog, if you ever could. New RSS tools and services mean that it's even easier than ever search and aggregate blog entries. As long as you blog anonymously and in a work-safe way, what you say online is far less likely to come back to hurt you. Resources
C|Net's guide to workplace blogging:
How Tor works:
Anonymizer's Anonymous Surfing:
A list of fired bloggers:
The Bloggers' Rights Blog:
A Technical Guide to Anonymous Blogging (An Early Draft), by Ethan Zuckerman:
EFF's Legal Guide for Bloggers, a larger, more comprehensive look at
the legal issues facing bloggers: |
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