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U.S. Court Declares Bloggers Second Class Citizens, Not Part of Media

Update: Judge Marco A. Hernandez has since clarified his ruling on this matter, and stated that his ruling was only meant to apply to Crystal Cox, and not all bloggers. Read my latest blog post for the rest of the story.

A U.S. district court just ruled that bloggers — at least bloggers in Oregon — are not part of the media, and therefore, not protected by Oregon’s media shield laws.

As a citizen journalist, this scares the bejeezus out of me. If you’re a blogger of any kind, it should worry you too.

I’ve been clamoring for years that bloggers are citizen journalists. That is, we should be entitled to the same First Amendment protections, the same access, and the same considerations that newspaper, TV, and radio reporters get. At the same time, it means that bloggers need to act like journalists: with great power comes great responsibility, etcetera, etcetera.Handcuffs

But a U.S. District Court judge in Portland, Oregon just set us back to pre-1990 days when he ruled against Crystal Cox, a blogger, after she was sued by Obsidian Finance Group for defamation over blog posts that criticized the firm and co-founder Kevin Padrick. The judge also awarded Padrick $2.5 million.

In his ruling, the judge wrote:

. . . although defendant is a self-proclaimed “investigative blogger” and defines herself as “media,” the record fails to show that she is affiliated with any newspaper, magazine, periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system. Thus, she is not entitled to the protections of the law.

Seriously? Pamphlets? In other words, if she had slapped together an 8-page booklet at Fedex/Kinko’s, she would have been protected?

Whether this is a problem with the judge not understanding the Internet, or — more likely — Oregon having a media shield law that doesn’t reflect 21st century technology, this may have a chilling effect on bloggers, even in states with media shield laws.

As it stands now, Oregon’s media shield law says:

No person connected with, employed by or engaged in any medium of communication to the public shall be required by … a judicial officer … to disclose, by subpoena or otherwise … [t]he source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public[.]

Seems comprehensive enough: any medium of communication to the public strikes me as anything from newspapers to TV to radio to the Internet (including blogs). But when someone learned about the Internet from the Ted Stevens’ School of Technology, they may not realize that the Internet is far more evolved than pamphlets.

Compare Oregon’s law to Washington’s media shield law:

Any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite station or network, or audio or audiovisual production company, or any entity that is in the regular business of news gathering and disseminating news or information to the public by any means, including, but not limited to, print, broadcast, photographic, mechanical, internet, or electronic distribution;

(Read more about Washington’s media shield law here.)

Washington at least spells out what they consider to be the media. But any state that has not included “the Internet” in their shield laws may be able to exclude bloggers from the people who should be protected.

In other words, if you are a pamphleteer, you’re protected. If you type something on a typewriter, reproduce it on a mimeograph machine, and staple everything together by hand, you’re protected by the First Amendment. But if you publish the biggest online-only newspaper, and have for the last fifteen years, tough. You’re not protected by media shield laws in Oregon, or several other states.

This will have a chilling effect on your rights as a journalist, as the government can impose sanctions on bloggers and Internet-based writers, simply by declaring they are not part of the protected media.

Photo credit: Tourettte (Flickr)

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Four Online Predictions for 2012

Okay, I’m going to jump on the trends bandwagon and offer yet another online predictions blog post where I polish my crystal ball and predict the future of social media. I think I have a decent track record going for me. In 2010, I predicted that Android sales were going to outpace iPhones, and I was only six months late on that (it finally happened earlier this year). Of course, I also said SMS would become obsolete, and that ain’t happening any time soon, so I’m batting .500.

Emboldened by my previous success — and with a promise to Allison Carter (@allisonlcarter) that this list will not mention mobile or geo-location networks — here are my four predictions for 2012.

1. An even bigger focus on quality of written content.

Thanks to Google Panda, the traditional SEO techniques of on-site optimization and backlinking is not as effective or important as it once was. Now, Panda measures things like bounce rate and time on site. In other words, if your site sucks, your rankings will drop. If your site is good, your rankings will rise.

Want to improve your rankings? Improve the quality of your content, especially your writing. The better your writing is, the longer people will stick around.

We’ll see a bigger push for web designers and bloggers to have better writing, not just a bunch of schlocky writing. So for anyone who has been in the quantity-over-quality camp of blog writing, you’re going to have a tough time of it in 2012.

2. Disruption will be the watchword, and the way to make money.

We’re already seeing how social media, broadband, and mobile phones are disrupting some middle men businesses. People are canceling their cable and satellite TV, and instead watching videos on Netflix and Hulu. We’re getting local news from local bloggers, or national news from each other, instead of TV news and newspapers. I even quit listening to local commercial radio, choosing instead to listen to an awesome public radio station out of Louisville, KY. Traditional media has been disrupted, but that’s not all.

We’ll continue to see more middle men being disrupted by fast phones and social media — look for advertising and PR agencies, publishers, banks, and credit card companies to take a big hit as people figure out how to circumvent these gatekeepers. Look for other people who figure it out to make a buttload of money being the disruptions, or taking advantage of the new disruptions.

(Case in point, Dwolla, which only charges $.25 per transaction for anything over $10 (under $10 is free), and is currently on course to move about $350 million per year.)

3. Citizen journalism will continue to grow and become more important.

Newspapers have taken a big hit in the last 10 years, thanks to online media — a disruption that’s been years in the making — but people still want local news. The newspapers that will survive and thrive will be the dailies in smaller cities, and the weeklies in small towns. In the big cities, we’ll see more citizen journalism as people report on their local stories. More Twitpics, more cell phone videos, more stories that are pieced together through people acting like their own journalists.

I would love to see some news-minded entrepreneur figure out a way to gather all of this content and monetize it. While that may not happen in 2012, look for online-only newspapers like The American Reporter to pick up the slack of the big city papers, and local news outlets like Patch to become more widespread and easier to use.

We’re going to see more news, commentary, sports, etc. covered up by real people, not professional journalists. I also think we’ll see smaller print newspapers get smarter about their online efforts, and even TV stations to continue to embrace the web. Could we also see someone start an Internet-only TV news style of website?

4. Teenagers will begin to leave Facebook in droves.

Their moms and dads are on Facebook. Their grandparents are on Facebook. The whole point behind Facebook was it was a place to go where you could be cool. And as everyone knows, it’s impossible to be cool when your parents are around. They’re moving to other networks where their parents are not. Even Ben Bajarin (@benbajarin) of Time Magazine is questioning whether it’s the beginning of the end for Facebook. (Hint: No, not yet. But don’t be surprised if it happens one day far off into the future.)

Where they’re all going is still unknown. MySpace is still popular among teenagers. YouTube is actually the second biggest network among teenagers (Facebook is still first). And the gaming console networks are seeing a big uptick. But when all the stats are showing that 1 in 5 teenagers are leaving Facebook, it’s time for marketers to stop with this “social media is for young people” nonsense and recognize that the parents and grandparents are embracing it more easily now.

Photo credit: JasonLangheine (Flickr)

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Using The Irony Mark or Sarcasm Mark

The discussion and desire for an irony/sarcasm mark is one that has been making the Twitter rounds lately, and I may have accidentally stumbled upon the answer.

It seems the backward question mark, also called the rhetorical question mark or percontation point, has been the historic favorite, having been proposed by English printer Henry Denham back in 1580.

The reverse question mark, or irony mark, is used to denote irony and sarcasm.

It’s an odd coincidence — but NOT ironic — that a 430-year-old mark may just find its usage in the 21st century, thanks to modern technology.

The problem is that twitterers and emailers have had a hard time denoting sarcasm, irony, and eye rollable statements. We’ve tried the :-| and the </sarcasm> marks, but every extra character takes up valuable space in a 140 character tweet.

So in our quest to show that we’re being snarky and sarcastic, social media people have been looking for a way to show their sarcasm in as few keystrokes as possible, which is why the irony mark can solve a lot of problems.

Unfortunately, it’s not that easy to get to at the moment.

If you’re a Mac user, there’s no easy way to do it. The best way to get it is to open up the Characters box (usually command-option-T). Then search for character 061f. When it comes up, insert it or copy and paste it.

If you’re a Windows user, I believe you can type the mark this way:

  1. Press and hold down the Alt key.
  2. Press the + (plus) key on the numeric keypad.
  3. Type one of these:
    • 2E2E
    • 61F
    • 061F

(Windows users, if this doesn’t work, please let me know. I haven’t done Windows for about 4 years, and I don’t remember how to enter Unicode.)

If you’re a Linux user, I didn’t think you guys got humor, so I don’t know if it’s even available to you. (Kidding! Just kidding! Some of my best friends are Linux users.)

Or you can just copy it here and save it somewhere else, like an Evernote document.

؟

I understand that the SarcMark is making its way into use, but unfortunately, as a Mac user, I can’t use it. Right now, it’s a Windows-only app that lets you use the SarcMark with a few keystrokes. The SarcMark looks sort of like the @ symbol, but with a period instead of the letter ‘a’ inside.

I also prefer Denham’s backward question mark because it’s historic. It’s over 430 years old, even though it was never widely used. Because of its longevity, it’s the one that many “we need an irony mark” proponents are already suggesting.

This may help people understand what irony truly is. It’s not an “odd coincidence” or “misfortune.” And it’s certainly not rain on my f—ing wedding day! Irony is when a statement conveys the opposite meaning of what you said.

So — according to Dictionary.com — if I say “that’s nice” when you tell me you got a flat tire, that’s irony. It’s not irony when you got a flat tire going to lunch.

And now, thanks to the irony mark, when I tweet you and say “that’s nice؟” you’ll know what I really meant.

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What [INSERT ACTIVITY HERE] Taught Me About [INSERT SUCCESS METRIC HERE]

We can get life lessons from anything — Ann. Ee. THING — we watch, read, hear, play with, eat, and do. Whether it’s what you learn about persistence from watching Gilligan’s Island, what you learn about love from listening to Jimi Hendrix, or what you learn about success from eating an artichoke, you can learn something from anything.

I’ve seen blog posts about how people have learned from the Brady Bunch, Jack Kerouac, the circus, Kurt Vonnegut (okay, I wrote that one), and even video games. I think there are lessons that can be gleaned from wherever we search for them.

So I’m writing this blog post to accomplish two goals: 1) to show you what I learned about some aspect of my life by applying some form of entertainment or recreation to it, and 2) to give other writers a fill-in-the-blank formula they can use to write their own blog posts about defining their own success metric.

(Note: I am NOT saying these kinds of blog posts are stupid. If you write them, keep writing them. I enjoy reading them. I’m just in a weird, goofy mood today.)

1) [SOMETHING ABOUT STARTING AT THE BEGINNING].

Anything you do has to start somewhere. The journey of a thousand miles starts with a single step. You follow the Yellow Brick Road by starting at the beginning. Eat an elephant one bite at a time.

I learned from [MY FAVORITE MOVIE/FOOD/BOOK] that we’re not going to succeed if I just sit on my ass and dream about [SUCCESS METRIC]. I have to get off the [COUCH/DINING CHAIR/TOILET] if I want to achieve my dreams.

2) [SOMETHING ABOUT “IT’S GOING TO BE TOUGH.”]

Success is never easy. You have to work for the things you really want. Blah blah blah inspiration, blah blah blah perspiration. You’re never going to truly win the things you want, without hours and hours of practice before hand. Get knocked on your ass [X NUMBER] times, get up [X NUMBER + 1] times.

No one ever said this would be easy. (Okay, I did once, but I think I was drunk.) But nothing we ever truly love or excel at is. The [MAIN CHARACTER] of [BOOK/MOVIE/GRAPHIC NOVEL/EPIC FLIPBOOK MINI-SERIES] showed that there will be hurdles along the way, and that just like in life, the path to success will be fraught with [DANGER/HURDLES/TROLLS UNDER BRIDGES].

But if you can persevere, you’ll find what you’re looking for.

3) [SOMETHING ABOUT STICKING WITH IT.]

[SOME NUMBER] percent of success comes from just showing up. If I want to be better than everyone else, I just need to [SPORTS METAPHOR ABOUT EXECUTING FUNDAMENTALS].

It sounds easy, but it’s not. There are days that you’ll be practicing in the rain and snow. Days that you’re tired, that you want to quit, that you’re [JETTISONING TYPE OF BODILY FLUIDS] from every pore in your body.

That’s the time to bear down and work harder. Everyone hits that wall. No one is exempt from it. But what separates champions from quitters is that the champions never quit. Just like [HERO FROM FAVORITE MOVIE/BOOK/TV SHOW/COMPETITIVE EATING EVENT], you need to work through the [PAIN/JETTISONED FLUIDS/HYSTERICAL BLINDNESS] before you can finally see the finish line.

4) [SOMETHING ABOUT FINALLY WINNING.]

What [MY FAVORITE SPORTS TEAM THAT CAN’T PLAY FOR SHIT BUT FINALLY WON] taught me is that I need to play for the love of the game, and stick with my dream, because one day success will come. It may not come in the form of [INSERT SPORTS TROPHY/MUSIC AWARD/ACTING AWARD/SPELLING BEE RIBBON], but it will at least come in the form of doing something I love and getting paid for it. And finally learning that [REAL SUCCESS COMES FROM JOY OF LOVED ONES, NOT MONEY, BIG HOUSE, AND BLAH BLAH BLAH] comes from within.

But being able to rub my [TROPHY/AWARD/RIBBON] in my competitors’ faces is nice too.

So there you have it. The four most important lessons I learned from [MOVIE/BOOK/WWE CAGE MATCH]. I hope you got something out of it too.

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How Writers Can Use QR Codes

What can writers do with QR codes? Do we even need them? When most writers still have that “I’m a writer, not a marketer” attitude, embracing something as 21st century as a smartphone, let alone a QR code, is going to be difficult.

But, if you’re trying to reach a particular kind of audience — let’s say a tech-savvy audience — or people who might not otherwise discover your work, a QR code could be a great way to market your work in some surprising and creative ways.

QR Code to my About.me page

The whole point of a QR code is to reach a mobile audience. People who use their mobile phones to read articles and watch videos. People who use their tablets to read ebooks. Basically anyone not using a laptop or desktop computer, or reading paper-based articles and stories.

By tapping into the growing mobile market — and it’s growing fast — writers can get their words in front of a brand new audience, or at least an audience who can access your old work in new ways.

You can reach that mobile market in a few different ways, including emails, or making people tap long URLs into their web browser. But a QR code — that funny looking pixelated square — is something people can scan with their mobile phones to perform a certain action, like open a website or a video.

For writers, you can point a QR code at some of your work, and allow people to read it on their mobile phones. Here are a few places you can point them:

  • At one of your best articles or short stories: This should be the first place your QR codes should go. Point them at some of your best work, and then put the QR code on a business card or writer’s resume. Or if you’re at a conference, put it on a t-shirt. Make sure that your website is mobile-friendly. Best way to do this? Install WP-Touch on your WordPress.org blog, or use Blogger, Posterous, or WordPress.com for a mobile-ready blog. Warning: Do not just point a QR code at your main website. For one thing, it’s boring and unimaginative. Hopefully you’ve already got a short, and clever, domain name, so a QR code is wasted. But if you don’t have anywhere else to point it, at least make sure your site is mobile friendly. A site designed for a desktop is awful to negotiate with a mobile phone.
  • Your book page on Amazon.com: Have a book flyer or sales card? Put a QR code on it and let people scan it. They can make their purchase right on their mobile phone and have it shipped to their house or office.
  • A mobile-only video: If you have a book trailer, consider making one especially for mobile use, and maybe even specifically for QR users. Speak directly to the user — “Hi, thanks for scanning the QR code and checking out the video.” — and tell them what is so special about this particular video. (“I’m sharing three additional personal branding secrets you won’t find in the Branding Yourself book.”) Make sure the video works on your mobile phone too. Some videos can’t play on mobile phones, so make sure you choose the right format and size.
  • At your ebook: If you’ve got an ebook for sale, whether it’s on Amazon.com or another ecommerce page, write up a small card about the book, and put a QR code on it. People can read the ebook on their phone or tablet, especially if they’re using the Amazon Kindle app.
  • At a secret page on your website: One of the best uses I saw of a QR code was a friend who put it on a t-shirt that he wore to conferences. People who scanned the code were immediately taken to a hidden page on his website where they could find how to connect with him via Twitter, LinkedIn, etc., as well as some special information that wasn’t available on his regular website.

The nice thing about QR codes is that you can point them anywhere you want. When you want to change pages, just edit the QR code. No need to create a new one or get rid of anything with the old code on it. Just go to the place where you created it, change the destination URL and you’re set.

You can put your code just about anywhere it can effectively be scanned, and point it anywhere that makes sense. On your business cards pointing to your book pages. T-shirts to your About.me page. Book covers to mobile videos. Anywhere you can think of, you can point it. Just don’t point it at your regular website, or put it on a highway billboard.

Watch Scott Stratten (@unmarketing) talk about QR codes and how they should and should not be used.

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Calling Out Bad Behavior via Social Media

We tend to be pretty passive-aggressive as a society. And social media seems to have made it worse, in some ways. Social media has made it possible for us to point out bad behavior, and we’ll often do it to a complete stranger, but we won’t do it to our friends.

I did a short (unscientific) survey last month to find out whether people would call out bad behavior on the part of strangers versus friends. I wasn’t surprised by some of the results, partly because most of the people I know are pretty nice people and not prone to being online jerks. But mostly because many respondents are from the Midwest, and we’re annoyingly nice about a lot of things.

Summary

Basically what I found is, we are more likely to forgive friends, but we will stick it to a complete stranger.

  • If we are wronged by a friend, we’ll point it out privately rather than call it out.
  • 40% of us will hang a stranger out to dry publicly; nearly all of us will tell someone else about it.
  • Only a very few people will say or do nothing, either about a friend or a stranger’s bad behavior.

The Survey

This was a four question survey, with a series of answers that asks about responses that range from very direct (and rather jerky) to very passive (being a doormat).

For example, question #1 asked: When a friend — who uses social media — wrongs me in some way, I am more likely to:

  1. Call them out BY NAME on a social network. “I can’t believe @edeckers stood me up for our meeting this morning.”
  2. Point out my annoyance, but don’t mention their name. “Got stood up for a 7:30 am meeting.”
  3. Send them a private message pointing out the problem. “Did you forget we had a meeting this morning?”
  4. Absolutely nothing.

The Results

So would you @reply someone or set your Facebook status to call them out by name? Or would you passive-aggressively point out to the whole world that some unnamed jerkface missed your morning meeting?

I wasn’t that surprised by the results. Most people are nice enough to keep our gripes private, and to not air our grievances in public, and the numbers bore this out. Out of 107 responses to Question 1:

  • 80 people (74.7%) said they would email their friend privately to point out their problems.
  • 12 people (11.2%) would call out the incident, but not name the person.
  • 11 people (10.2%) would do absolutely nothing at all.
  • 4 people (3%) would call that person out by name.

I was intrigued that the number of people who would do absolutely nothing to tell the other person what they had done was nearly the same as the number of people who would point out the bad behavior but not name any names.

When I’m in public, and someone does something annoying, I am more likely to:

Friends vs. Strangers

Question #2 was about whether people would point out something annoying that someone else did, but not to them: When I’m in public, and someone does something annoying, I am more likely to:

  1. Point out their bad behavior on a social network, including pictures or video. “Check out this jerkwad being an ass to his wife.”
  2. Point out their bad behavior, but give them their anonymity. “Some guy next to me is being an ass to his wife.”
  3. Email a friend privately and relay the story to them.
  4. Absolutely nothing.

The results were a little more dramatic this time compared to what people would say to their friends. Out of 106 responses (someone missed this one):

  • 57 people (53.8%) said they would email a friend privately to tell them about the stranger’s behavior.
  • 32 people (30.2%) said they would call out this stranger’s behavior, and include pictures or videos
  • 11 people (10.3%) would call out the behavior, but not include any identifying information.
  • 6 people (5.7%) would do absolutely nothing.
When a stranger does something annoying in public, I am more likely to:

Observations

This is the stuff that intrigues me, and really makes me wish I had paid better attention in stats class in grad school. Because there are some interesting correlations between what we consider acceptable behavior toward friends versus complete strangers.

  • Most people (nearly 75%) will tell friends privately about their own bad behavior, but 40.5% of these people will publicly call out bad behavior from a stranger.
  • Compare that to 3% of people who would call out a friend by name on Twitter or Facebook. This tells me that most people are nice, and a few can be rather cut-throat and nasty.
  • Surprisingly, more people — 30.2% vs. 10.3% — will point an accusing finger at a stranger by including evidence of their bad behavior than will give them anonymity.
  • 94.3% of people will tell someone about a stranger’s bad behavior, whether it’s publicly or via email.
  • The number of people who would point out bad behavior but protect the person’s identity in either situation is nearly the same: 10.3% will talk about a stranger versus 11.2% who will call out, but not identify, friends (11 people vs. 12 people).
  • The percentage of people who will do nothing when a friend wrongs them versus a stranger nearly doubled — 10.2% versus 5.7% respectively, or 11 versus 6 people.

Conclusion

So what does all of this mean? Are we people with a strong sense of moral outrage who will point out the failings of other people, but only when they’re not anyone we know? And do we hold back out of fear of retribution or respect for our friends’ feelings? Or do we have an overwhelming sense of schadenfreude, but refrain from doing it at inappropriate moments?

What about you? What do you think? What conclusions can you draw from this study? What do you think this tells us about ourselves, as it relates to social media?

The rest of the questions:

Question #3: When I am having an argument with a friend or family member, I will start/continue the discussion on a social network.

  • Yes (2 people)
  • No (105 people)

Question #4: Which social network do you use the most?

  • Twitter (51 people)
  • Facebook (50)
  • LinkedIn (5)
  • Google+ (1)