Category: Social Media

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Expert WitnessMarketingSocial Media

Pt. 3: How To Make Your Expert Witness Practice Noticeable

on February 13, 2024

INTRODUCTION

Now that you know how to define your personal brand and turn it into tangible content, it is time to be strategic. You must choose the digital and social platforms to share your expert witness practice. The plethora of options for expert witnesses to market themselves are overwhelming. Thankfully, Experts.com has a few suggestions. The final part of this blog series will help you narrow down the wide list of digital platforms for effectively marketing your expert witness practice.

Expert Witnesses Exchanging Ideas

SHARE YOUR EXPERT WITNESS BRAND

HOW TO LIMIT YOUR OPTIONS

There are positive and negative consequences to everything we do in life. Marketing plays by the same rules. For instance, posting too frequently with content marketing will overwhelm your audience. To add, it also diminishes the importance of your message. Implementing a basic strategy will help you effectively promote your practice.

The last stage helps you pick the platforms and content types to commit to or are most relevant to your practice. Ask yourself these 6 questions:

  • How much time can I spend sharing my expertise with the online community?
  • What platforms do I enjoy the most?
  • Which platforms do my target audience frequently use?
  • Would I rather record videos and podcasts or write articles and social media copy (like polls and discussion posts)?
  • Which content types are easily digestible for my audience?
  • What results am I seeking, and will my chosen platform achieve the desired results?
    • Result examples: clicks, shares, comments/engagement, followers, profile impressions, etc.

When choosing your platforms, it is undeniably important to understand your business goals and your target audience. Growing an online presence means sharing valuable insight with those who seek your expertise. But the last thing any professional wants is to experience burnout. Content creation is not an easy task, let alone mixed with a full-time job. A sentiment to remember is that content marketing should complement and boost your expert witness practice.

Overall, it is advantageous to choose your platforms and content types strategically. Attempting to tackle all of them is simply unattainable. Answering the questions above can help you scale down the many available avenues to one or two successful platforms. Now, let’s dive into the most applicable options for your digital marketing needs.

PLATFORM TYPES

Many digital platforms cater to various industries (TechTarget). For the purpose of this post, the focus will be on three digital platform types: social media, content creation, and business collaboration.

Social Media

Social media was briefly discussed in the previous blog post. It summarized that content, like articles and blog posts, can be repurposed on those applications. However, it did not detail which ones were best to use. According to the New York Bar Association, here is a list of social media platforms to consider as expert witnesses:

All listed social media platforms cater to text, images, and video to varying degrees. For instance, X is more discussion-based than Instagram, but it allows users to post videos and photos. Facebook is an advantageous platform because its 3.03 billion users surpass the other three options (Backlinko). All three media types are popular on this platform, and it helps you reach an exponentially higher number of people to market your practice. Lastly, LinkedIn is essentially Facebook for professionals. You can join free discussion groups based on your specialty and target a more precise audience.

Content Creation

Part 2 of this blog series covered the surface of the increasing influence of videos. While it may be considered a social media platform, YouTube is fundamentally a platform for content creation. It is the most prominent place to post videos related to your expertise.

LinkedIn states there are several benefits to uploading videos to YouTube:

  • Cost-Effective: Unless you’re sharing a TEDx Talk, interview, or conference panel, expert witnesses do not need to create long videos. Short 1-2 minute videos are significantly cheaper to make and would effectively communicate your desired message in the long run. Look at our “Experts.com Files” series on YouTube, which details years of locating expert witnesses for various legal cases.
  • Extend Audience Reach: YouTube has more than 2.70 billion monthly active users as of 2024, approximately 34% of the world’s population (Global Media Insight). This statistic further proves the rise of video consumption and confirms your need to seize this opportunity.
  • Shareable: Again, videos can be repurposed for social media. Share them on platforms where your audience is located or where you see the best results.
  • Great User Experience: YouTube is not bound to any specific device. Online consumers can watch your short videos on a laptop and mobile devices. Catering to your audience’s needs can result in more viewership and engagement.

While video content may require more time and effort to execute, YouTube is a great user-friendly tool for beginners. Any user with a YouTube account can edit, schedule, and upload their videos easily using YouTube Studio.

Business Collaboration

Finally, video conference platforms like Zoom, Microsoft Teams, Google Meet, and Skype are great avenues for hosting webinars and informational meetings. You can invite your connections to register for your digital event and showcase your knowledge live. Partner with other experts in your field, attorneys, or online legal marketing firms to share your expertise and include your audience in the conversation with Q&As.

Business Collaboration platforms emphasize relationship-building more strongly than the previous two platform types. Attendees can get as close to an in-person impression as they can in a digital forum. Experts.com hosts quarterly webinars that connect the broader legal community and highlight the insight from our guest speakers.

Zoom Conference - Expert Witness Practice

PT. 3 CONCLUSION

All in all, the platforms you use should align with your schedule, audience, and goals for your expert witness practice. If you want to connect with other professionals, then meet them where they are located to avoid reinventing the wheel. Generally, marketing is about learning what works through trial and error. While these tips can help improve your digital marketing efforts, success looks different for each expert witness. As you promote your practice, take note of your defined successes and continue to implement strategies that produce them.

SERIES PARTING WORDS

“You miss 100% of the shots you don’t take,” Wayne Gretzky, former NHL player.

Ultimately, it’s worth it to try something new than not to try at all. While digital marketing is not the sole solution to creating connections and business, it certainly holds relevance now. It is a disservice not to take advantage of its potential. If you seek visibility for your expert witness practice, be proactive about your digital marketing efforts. Many cost-friendly content and platform options are available to showcase you and your expertise to your audience. Decide which platforms work for you and start taking those shots. Some days will have better outcomes than others, but the journey will eventually lead you to your destination.

Content Marketing for Expert Witness Practice
Expert WitnessMarketingSocial Media

Pt. 2: How To Make Your Expert Witness Practice Noticeable

on January 23, 2024

INTRODUCTION

In Part 1, you learned about the importance of personal branding for your expert witness practice. Showcasing your “professional total package” in physical and online spaces is in your best interest. Cementing your clear brand identity can help you stand out among competitors, increase job opportunities, and cultivate new and existing relationships. How can you turn that brand into tangible material? What are the benefits of dedicating time to doing so? Discover the power of content marketing in Part 2 of this 3-part blog series.

MAKE YOUR EXPERT WITNESS BRAND TANGIBLE

ORGANIC CONTENT

You may have heard terms such as “organic” and “paid” content. For the purposes of this blog, only “organic” content will be discussed. According to Forbes, “Organic social media content is any free content shared on social media profiles including posts, videos, stories, and more.” These posts are composed and uploaded by any user and are not supported by sponsors or advertisers. Overall, the content you post organically can be seen by your connections and anyone who shares it.

The main and best benefit of organic content is, without a doubt, the lack of financial strain for you and your practice. Its effectiveness does not rely on a large budget. You can sign up for most social media and blog sites for free, and upload your thoughts and accomplishments when you can! Ultimately, you gain new relationships and potential revenue without losing money outside your current expenses.

Content Marketing Formats for Expert Witnessing

CONTENT TYPES FOR YOUR EXPERT WITNESS PRACTICE

Because it is rooted in consistency, content marketing is a walk in the park for expert witnesses. The industry itself is the definition of consistency, as professionals opine on a given case relevant to their field of study. Expert witnesses would have an easier time developing new pieces compared to those in creative fields. For instance, your content can be based on past work experiences. Previous cases or takeaways from events you have engaged in are great examples for content ideas. Continuing education, in which most professionals must participate, is another resource for original organic content.

Surprisingly, translating your practice into concrete material is not as complicated as it seems. It may require a little extra work and time you might not think you have, but it is a long-term investment for your expert witness career. Bring visibility to your practice with these three suggestions:

Articles & Blogs

According to LinkedIn, blogs help strengthen and support the brand you solidified in the first step. Adding your unique tone of voice to relevant topics provides insight into your personality and professionalism. To add, it also builds relatability with readers, adds depth to your posts, and instills credibility in your reputation. Written content like articles and blogs are a great start for those unfamiliar with posting online content. HubSpot has named other notable benefits:

  • Increases traffic to your website – a necessity for expert witnesses.
  • Content can be repurposed for social media.
  • Solidifies authority for the author, you!

Here are some examples of articles and blogs from our legally trained team and esteemed members of Experts.com.

Topical Social Media Posts

Posting directly to social media adds a crucial element to your content – engagement. For example, you can create a poll, suggest feedback in the comments section, or highlight achievements and noteworthy news. Whichever route you take, you invite your personal and extended connections to view and interact with your online material. For beginners, a discussion-based medium is recommended. Platforms like LinkedIn and X (aka Twitter) allow you to share professional wisdom and follow groups and individuals with similar interests.

Videos

Because text tends to be overwhelming, visuals are integral to any marketing campaign. Videos mitigate the mundaneness of reading text while maintaining curiosity for the audience as they wonder what happens next. Viewers can also watch them from any device, whether at their office desktop or on mobile devices for their on-the-go lifestyle. The mentioned reasons explain the increase in video consumption in recent years. HubSpot named a few statistics that occurred in 2023:

  • On average, people consume 17 hours of online videos per week.
  • HubSpot anticipates the number of digital video viewers to total 3.5 billion.
  • Out of all other content types, people are 52% more likely to share videos.

In addition, 1–2-minute videos can showcase introductions, interviews (participants in a webinar or panel also count), your ability to explain convoluted concepts quickly, and your personality. Becoming comfortable in front of the camera is a hurdle worth getting over. It is a skill that is a continuous work in progress. Do you want to be prominent in your audiences’ minds? Gaining new connections and nurturing existing ones means keeping them engaged with your material and insight.

Desired Results for Expert Witness Practice

PARTING WORDS

All in all, your brand identity and the material you create should work in tandem. Think of content marketing as the vehicle that drives your knowledge and personality to those you want to reach. Why not try to put your insight online in a cost-effective way! Of course, content creation should not add stress to your work life. Write, record, and publish content when you have ample time or when your industry allows you to do so. Ultimately, content marketing will maximize your desired results from your audience. What results are you looking for? Which platforms would be best to reach them? Answers to these questions will be available in the upcoming final third part.  

Build Your Brand - Expert Witness Practice
Expert WitnessMarketingSocial Media

Pt. 1: How To Make Your Expert Witness Practice Noticeable

on December 19, 2023

INTRODUCTION

In the thirty years Experts.com has participated in the expert witness industry, our team has noticed a shift in legal marketing. In-person networking and phone calls were the main avenues for connecting with professionals. Since we have entered the digital age, the primary networking methods aren’t as extensive. Expert witnesses now have various options to promote themselves and their practice. Surely, the endless networking options digital marketing creates can be overwhelming. Some of you may have adjusted to it, but the array of options can be simplified for novices. Part 1 of this three-part blog series discusses the importance of personal brand definition and why it’s necessary for your expert witness practice.

PERSONAL BRAND DEFINITION – EXPERT WITNESSING

What is a Personal Brand?

As an expert witness, you provide your insight to attorneys and law firms. However, many people in the same field as you are doing the same thing. How will you stand out among the other industry experts? What is the distinct factor that influences attorneys to hire you for their case? Is it location, certifications, or notable accomplishments? Why are you the best fit for a client and their legal team? That’s where Personal Brand Definition comes in (Social Media Examiner).

According to Sprout Social, a personal brand is “a culmination of the experiences, skills, and values that differentiate you.” Given that the phrase is associated with marketing, professionals in that field may use their brand to “sell” themselves to clients. Expert witnesses, on the other hand, can use their brand to build connections with attorneys and law firms so they can get hired for their next case.

For instance, think of combining your expertise and individual image as a “professional total package.” Marketing your experience is half the battle; the other half is marketing yourself. You could be the top expert on paper and not get retained due to poor demeanor. The expert witnesses attorneys look for are those who communicate complex observations in layman’s terms, making their insight digestible for juries and the court. You know what you excel at and have the résumé to prove it. Being approachable and well-versed in your field is the first step to positioning your practice to those in the broader legal industry.

Expert Witnesses Expanding Connections

Why Personal Brand Definition is Necessary for Expert Witnesses

Ultimately, expert witnesses need a defined personal brand to distinguish themselves from those in identical fields. Because there are many occupations under the umbrella of general industries, like business or engineering, defining your niche is essential for your personal brand. For example, stating that you’re a medical expert is not enough information for attorneys to hire you. Depending on the case, an attorney might need a nurse, an orthopedic surgeon, or a pharmacist. Attorneys need a professional that has mastery over the nature of the case and can simplify complicated concepts. Setting yourself apart from experts alike and expressing a sincere disposition to attorneys and law firms will make your practice memorable.

In addition to standing out from competitors, there are many benefits to having a personal brand. According to Forbes, branding helps you:

  • Cement trust, consistency, and credibility with your desired audience.
  • Build lasting relationships.
  • Expand your network and career opportunities.
  • Maintain a consistent online presence.
  • Present transparency, expertise, and your unique personality.

Understandably, the word “brand” may seem ridiculous to the logical nature of expert witnessing. Although your knowledge may decide the case, your online image and branding are the gateway to the opportunity. Unless marketed successfully, your expertise could remain the best-kept secret.

PARTING WORDS

To summarize, it’s crucial to take advantage of new marketing methods in the digital age. A great place to start is by defining your personal brand. Intellect alone cannot sufficiently promote your expert witness practice. However, a balance between your experience and attitude can. Demonstrating the “professional total package” to relevant audiences in both physical and digital spaces will keep your name and practice at the forefront of their minds. As a result, it can expand your pool of connections and cases. Having a personal brand for your expert witness practice is the building block for your digital marketing efforts. Stay tuned for Part 2, where Experts.com covers how to turn your brand into tangible content.

Audio ForensicsComputer ForensicsCrisis ManagementOnline Reputation ManagementSocial Media

Deepfake: Its Role in Law, Perception, and Crisis Management (Part 2)

on April 14, 2021

Welcome to Part 2 of Experts.com’s Deepfake Blog Series! In case you missed it, check out Part 1. The focus for Part 2 is to delve into the legal ramifications and perceptive dangers of deepfake videos, along with solutions for individuals and organizations who have been negatively affected by deceptive content. Continued insight from Audio, Video, and Photo Clarification and Tampering Expert, Bryan Neumeister, and new knowledge from fellow Experts.com Member and Online Reputation Management Expert, Shannon Wilkinson, will be included in this post.

Due to the relatively new concept and technology of deepfake content, the legal ramifications are not concrete. In fact, admitting deepfake content as evidence in some criminal and civil court cases can be a precarious endeavor because of metadata. According to the Oxford Dictionary, metadata is “information that describes other information.” Think of metadata as information found on a book. Listed is the author’s name, summary of the author, synopsis of the book, the name and location of the publishing company, etc. Metadata answers the same inquiries about videos and photographs on the internet. It has even been used to solve crimes. For example, in 2012, law enforcement found John McAfee, a man who ran from criminal prosecution for the alleged murder of his neighbor, using the metadata from a photo VICE Media, LLC released in an interview with the suspect (NPR). “The problem with metadata is when you upload any video to YouTube or Facebook, the metadata is washed because the user gives up the right to the video,” a statement by Bryan Neumeister. Reasons vary as to why metadata is removed. Some platforms have policies to disregard metadata to expedite the download time for such images and videos. However, it raises concern for those interested in preserving intellectual property (Network World). In addition to the numerous reposts a photo or video acquires, finding the original author of a post on major social media platforms poses a problem for litigants.

Entering evidence into court becomes a Chain of Custody issue (702, 902) through the Daubert Standard, which is a set of criteria used to determine the admissibility of expert witness testimony. Part of Mr. Neumeister’s expertise is to sift through the components (time stamp, camera, exposure, type of lens, etc.) of digital evidence via computer software systems to determine its authenticity or modification. One of the many techniques he uses is to look at the hash value of digital evidence. According to Mr. Neumeister, “Hash values are referred to in Daubert 702 as a way to authenticate. Think about a hash value as a digital fingerprint.” Without this set of numerical data, the most vital piece of proof needed to discern an original from a fake photograph or video, the digital evidence should be ruled as inadmissible by Daubert standards, as there is no chain of custody to a foundational original. Because deepfakes are difficult to track, and perpetrators are mainly anonymous underground individuals with limited assets, prosecuting these cases is a long-term investment without the return. From a moral perspective, justice should be served. With little or no recourse, the frustration is overwhelming for people whose character and financial future have been put in jeopardy.

Deepfakes may be complicated in the legal arena, but in the world of public perception, its role is much more forthright. In recent years, perception has become reality, and this notion rings resoundingly true regarding deepfake content. People who create and publish deceitful content have three main goals: to tarnish a person or company’s reputation, change a narrative, and ultimately influence the public. “Deepfakes are not usually done by big corporations. There is too much at stake. They are usually done by groups that have an intent to cause misdirection,” a direct quote by Mr. Neumeister. The truth about events regarding politicians, or any other public figure, has now become subjective. Like most viral posts, once a deepfake video is released, unless a user participates in research and finds other sources that confirms or denies deceptive material, people will believe what is shown on social media. There are two reasons for this: 1) it confirms an already ingrained bias, and 2) some people would rather trust the information instead of actively looking for sources that contradict the deepfake due to lack of will or information overload. Studies have shown it takes just a few seconds to convince people who are leaning the way a deepfake video is portraying a situation to believe the content. Even if there is a source that has been fact-checked and proves the contrary, the damage to a public figure’s perception has already been done.

For instance, one of the most popular types of deepfakes are centered around pornography. As discussed in Part 1, the General Adversarial Network (GANs) generated deepfake videos have a specific algorithmic structure that accumulates multitudes of any footage and mimics the desired output data. However, its blatantly realistic and high-quality footage is too exaggerated to be an authentic video. To further augment the illusion, people use techniques such as adding background noise, changing the frame rate, and editing footage out of context to make the video more “realistic.” According to Mr. Neumeister, “The more you dirty it up, the harder it is to tell … and then you’ve got enough to make something convincing that a lot of people won’t fact check.” This unfortunate reality, the emergence of different types of deepfake content can ruin the reputations of individuals and businesses across the board. Fortunately, there are methods to managing public perception.

A positive public image is one of the driving forces for success, trust, revenue, and a growing client base. For this reason, malicious and manipulative material found on the internet is threatening. The internet allows everyone to become an author, which gives users the power to post a variety of content ranging from true stories to false narratives. When businesses and organizations find themselves in a fraudulent crisis, “it can impact shareholder value, damage an organization’s reputation and credibility in the eye of consumers and customers, and result in the dismissal or stepping down of a CEO, board members, and/or other key leaders,” stated by Shannon Wilkinson, an Online Reputation Management Expert. Individuals who have less of a digital presence than organizations are more at risk for facing defamatory content. It begs the question, what types of crisis management strategies can business and individuals use to defend themselves against deepfake content?

One of the reasons why crisis emerges for organizations and public figures is due to the lack of proactiveness. Luckily, Ms. Wilkinson has provided numerous tips on how to prioritize reputation management and crisis response to build a “powerful digital firewall.” For reputation management, Ms. Wilkinson recommends:

  • Understanding how one’s business and brand appears to the world.
    • “Each Google page has 10 entries, discounting ads…The fewer you ‘own’ – meaning ones you publish… – the less control you have over your online image,” according to Ms. Wilkinson.
  • Customizing LinkedIn and Twitter profiles.
  • Publishing substantive and high-quality content related to one’s field of expertise or organizations (white papers, blogs, articles, etc.).
  • Scheduling a professional photography session.
  • Creating a personal branding website (ex: http://www.yourname.com).

As for crisis response options, there are two key components businesses and individuals must consider before crafting a recovery plan:

  • Possessing an online monitoring system alerting when one’s brand is trending on social media (ex: Google Alerts and Meltwater)
  • Seeing conversations in real time to augment one’s social presence within those digital spaces.

Below are the recommendations regarding the actual response to a crisis:

  • Social media platforms like Facebook and Twitter seem to be the more popular spaces to respond to deepfake content.
  • Updating current and existing information is a vital strategy to counter attacks.
  • Avoid engaging with anonymous commentors and trolls.
  • “Video is an excellent tool for responding to situations that result in televised content. A well-crafted video response posted on YouTube will often be included in that coverage. This strategy is often used by major companies,” a direct quote from Ms. Wilkinson.

The why behind creating, manipulating, and posting deepfakes for the world to see seems to be a moral dilemma. The motives behind uploading such misleading content are different for those who participate but nefarious, nonetheless. Legally, it remains an area of law where justice is not always served. Thanks to our Experts.com Members, Bryan Neumeister and Shannon Wilkinson, the what, when, how, and where aspects of deepfake content have been explained by people who are well-versed in their respective fields. In the height of modern technology and the rampant spread of misinformation, our Experts advise all online users, entrepreneurs, public figures, and anyone with access to the internet adequately fact-check sources encountered on the web. Those associated with businesses or happen to be public figures should prioritize developing crisis management precautions. In Mr. Neumeister’s own words, “People can destroy a city with a bomb, but they can take down a country with a computer.”

Audio ForensicsComputer ForensicsExpert WitnessSocial Media

Deepfake: An Introduction (Part 1)

on March 17, 2021

Computer technology is one of the most pivotal inventions in modern history. Artificial Intelligence, smartphones, social media, and all related apparatus have significantly enhanced living conditions in an unprecedented manner and connected the world with a click of a button. It is used in various occupations: from business related fields to more creative professions. To say modern technology has been advantageous in recent decades is an understatement. However, every creation has its flaws. This multi-part blog series is intended to reveal one of those flaws, and a dangerous one at that, deepfake videos. This first post includes an introduction to deepfake videos, and the steps taken by federal and state governments to identify such duplicitous content. Special insight on the subject is provided by our Experts.com Member and Audio, Video, and Photo Clarification and Tampering Expert, Bryan Neumeister.

Editing footage and photos is normal practice in our selfie-addicted new normal, but creating distorted content is a whole new ballgame. According to CNBC, deepfakes are “falsified videos made by means of deep learning.” These videos, images, audios, or other digital forms of content are manipulated such that counterfeits pass as the real thing. What makes matters worse is the internet allows anyone and everyone to create, edit, and post deceptive content. It is one of many threats to cybersecurity strategists, police departments, politicians, and industries alike because the purpose of making them is to spread misinformation, tarnish reputation’s, exploit evidence, and to ultimately deceive an audience. The unfortunate reality is deepfake videos which display pornographic scenarios and manipulated political moment are the most common. For instance, a notable deepfake video was posted by Buzzfeed in 2018 depicting former United States president, Barack Obama, slandering another former United States president, Donald Trump. However, the voice behind Obama is none other than Jordan Peele. The video was intended as a moral lesson to explain how important it is to verify online sources, and to highlight the dangerous problem of trusting every post uploaded to the internet.

According to Mr. Neumeister, who specializes in this area of expertise, there are two types of artificial intelligence programs used to create deepfake videos: GANs and FUDs. He states, “GANs (Generative Adversarial Networks) are used by professionals, and FUDs (Fear, Uncertainty, and Doubt) are the homemade ones.” Although FUD videos garner more attention among internet users, the real menace to society are the videos made from GANs.

Videos made from Generative Adversarial Networks have an algorithmic framework designed to acquire input data and mimic the desired output data. One can visualize how GANs work through the viral Tom Cruise TikTok deepfake. According to NPR, the creator of the deepfake, Chris Ume, used a machine-learning algorithm to insert an accumulation of Tom Cruise footage. This allowed him to give a digital face transplant to the Tom Cruise lookalike actor he hired for the video. Ume input a plethora of videos to create a desired output of a realistic face swap. Neumeister also adds that the most realistic deepfakes correlate to the amount of footage a person can acquire. Specifically, “the more bits of video clip you have to put together, the more accurate you can make facial movements, ticks, etc.” From this logic, it can be inferred that Ume’s Tom Cruise deepfake looks more realistic than those that lack algorithmic programs.

Because viewers typically see deepfakes in politics and pornography, federal and state governments have recently implemented laws to counteract deepfake content creation and distribution. President Trump signed the first deepfake federal law near the end of 2019. This legislation is included in the National Defense Authorization Act for Fiscal Year 2020 (NDAA), which is a $738 billion defense policy bill passed by both Senate (86-8) and the House (377-48). The two provisions in the NDAA requires:
“(1) a comprehensive report on the foreign weaponization of deepfakes; (2) requires the government to notify Congress of foreign deepfake-disinformation activities targeting US elections,” (JD Supra). The NDAA also implemented a “Deepfakes Prize” competition to promote the investigation of deepfake-detection technologies. On a state level, there have been laws passed by multiple states that criminalize specific deepfake videos (JD Supra):

  • Virginia: first state to establish criminal penalties on the spread of nonconsensual deepfake pornography.
  • Texas: first state to ban creation and dissemination of deepfake videos aimed to alter elections or harm candidates for public office.
  • California: victims of nonconsensual deepfake pornography can sue for damages; candidates for public office can sue organizations and individuals that maliciously spread election-related deepfakes without warning labels near Election Day.

Although the Trump administration and various states established policies against deepfakes, it remains ubiquitous on almost all online platforms. How can users at home distinguish authentic content from deepfakes?

Mr. Neumeister provides a few tips and tricks for detecting a deepfake. One giveaway mentioned is mouth movement, otherwise known as phonemes and visemes. Mouths move a certain way when people speak. For instance, words like mama, baba, and papa start with a closed mouth. Words like father, and violin start with the front teeth pushing against the bottom lip. To add, consonants and vowels also sound a certain way when pronounced correctly. “Words with t, f, n, o, and wh, are pretty good for tells,” adds Mr. Neumeister. When analyzing video, the frames in which a person is speaking are broken down into approximately six to ten frames to determine if the way someone talks in other videos is the same as the video being analyzed. Another tip Mr. Neumeister suggests is to watch videos with context in mind. Viewers should pay attention to background noise, crowd ambiance, and the cadence in a speaker’s sentences. Authentic and original content would have, by nature, realistic frames. Users can detect a deepfake by sensing dissonance in, for instance, a speaker’s proximity to the microphone or a size of a room. For users at home or on-the-go, these tips are crucial for distinguishing verified sources from manipulated misinformation.

The emergence of deepfake content, its continuously improving technology, and the spread of disinformation is a multifaceted and complex problem. This blog post has only scratched the surface, so stay tuned for part 2 for a more in-depth read.

CommunicationInformation & Communication TechnologySocial Media

The Role of Section 230 in the Free Speech Debate

on January 18, 2021

After a tumultuous year full of uncertainty and angst, the start of the new year, unfortunately, followed suit. Due to last week’s raid of the Capitol Building, resulting in Donald Trump’s removal from various social media apps, the debate over the understanding of free speech is in full swing. Some critics say Trump incited violence and rightfully deserved to be permanently banned on Twitter. Others defend the President’s speech and are calling to repeal Section 230 of the Communications Decency Act. This week’s post will define Section 230 and its role in the free speech debate. 

To note, the purpose of creating the Communications Decency Act was to enact provisions to free speech online. Because Internet users opposed these restrictions, Section 230 was enacted in 1996 (Electronic Frontier Foundation). According to the Federal Communications Commission (FCC), “Section 230 provides websites, including social media companies, that host or moderate content generated by others with immunity from liability.” In other words, these companies do not bear the responsibility for its consumers’ speech. Section 230 is inapplicable to Federal Criminal Law and Intellectual Property Claims. Since Twitter is a private company, this legally legitimizes its decision to permanently suspend the President’s account, as he allegedly spread misinformation about the election according to its Terms & Conditions. However, this turn of events has left moderates, conservatives, and republicans feeling silenced.  

Trump’s Twitter ban was the catalyst for the removal of Parler (a social media platform which garnered a primarily conservative following) from Apple and Amazon app stores. Its eradication stems from its anti-censorship brand, meaning it does not monitor its users posts. Unlike Twitter, who uses Section 230 to monitor speech, Parler has the right as a private company to exercise the opposite. It begs the question, is Section 230 relevant to free speech? 

The First Amendment “guarantees freedoms concerning religion, expression, assembly, and the right to petition,” (Cornell Law School). Congress is prohibited from making laws which limit an individual’s First Amendment right, whether it is exercised in public physical space or on the internet. From the looks of Trump’s removal from Twitter, it is understandable why conservatives would be upset. The concept of a social media corporation eradicating the leader of the free world’s personal account is shocking, and shows just how much power these social media apps have over what their viewers are allowed to see. For many, these actions by Twitter and Facebook add even more salt to the wounds of the political divide created this past year. At face value, it makes sense why moderate and right-leaning voters would want to repeal Section 230. However, revoking Section 230 is much more threatening to the First Amendment than one might think (USA Today).  

If Section 230 was abrogated, online businesses would monitor speech on a more frequent basis. Websites would become liable for every individual social media post, photo, blog, comment, and video a person publishes. Accommodating user-created content would be a precarious endeavor because these companies could be sued for every contentious post, which is unrealistic considering these websites have accumulated millions of users worldwide. If social media companies and those alike embodied an editorial role towards user-created content, it would end real-time communication, limit expression, tarnish social media providers’ reputations, and even cause them to shut down due to endless litigation. In the event Section 230 is repealed and edited, Congress must be cautious of its constitutional duty to not implement laws that limit the freedoms of American citizens and, unintentionally, chill protected speech. 

Section 230 may protect a business’ right to negate liability for its users’ posts, but it does not protect a company from antitrust lawsuits. Parler sued Amazon in response to its removal from Amazon Web Services, an auxiliary provider of on-demand APIs and cloud-computing platforms (Reuters). Amazon claims Parler’s failure to monitor speech had a large role in planning the siege of the Capitol Building. Although it removed most of the troublesome posts, Parler responded to this by accusing Amazon of breaching its contract by forcing the social media app to shut down. Parler was warned about Amazon’s intolerance to offensive speech, yet Parler argued that any of its users’ posts, that do not engender premeditated action, are protected under the First Amendment. As this is an ongoing case, the outcome of the lawsuit will not be decided for a long time to come. 

Ultimately, Section 230 is arguably the most integral component of the free speech debate considering the recent events of Trump’s Twitter ban and Parler’s lawsuit against Amazon. Free speech within the realm of the internet is a very different arena compared to speech in public physical spaces. As unfortunate as the Capitol Building raid was, it brought to light important nuances of the First Amendment as it relates to the internet.  

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Computer SecurityComputersInformation & Communication TechnologySocial Media

TikTok: Is It The Next Cyber-Security Threat?

on September 21, 2020

TikTok has been the most downloaded app globally in 2020. Although it has existed since 2018, TikTok surpassed 2 billion downloads back in April, during the apex of the new socially-distanced reality engendered by the pandemic. The ability to share and create content such as comedy skits, dance challenges, and lip-syncing clips, has appealed to various age groups around the world, especially teenagers. However, TikTok has been at the center of controversy for raising cyber security concerns not just here in the United States, but around the world. 

The problem with TikTok is twofold. The first issue is the app is owned by a Chinese company called ByteDance. Because ByteDance is not American-based, it does not follow U.S. federal and state consumer privacy laws. TikTok announced the data collected by American users is backed-up in Singapore, which is not subject to Chinese law. Though true, it is possible the Chinese government could pressure ByteDance to relinquish its user information. 

Second, TikTok has a large accumulation of data related to the types of videos Americans watch and post. Because it has turned into an important platform for political activism, people are worried the Chinese government could influence public opinion and control speech. For instance, according to both The Guardian and The Intercept, last year, TikTok company officials told their employees to censor content considered sensitive to Beijing. TikTok claimed their policies were outdated when the reports were released. As a result of this incident, they established a “transparency center” so security and technology experts from around the world can observe their policies. 

Despite TikTok’s official statement, President Donald Trump issued an Executive Order in August declaring the prohibition of all business with ByteDance. Unless ByteDance announces a plan to sell TikTok, the app will be banned on September 29th, 2020. Several American agencies and companies, such as the U.S. Army and Wells Fargo, have been proactive, requiring servicemen and employees to uninstall the app in response to these security concerns. Other countries, like India, have followed suit, banning the app altogether. 

Many people, including computer security experts, believe banning the app in the United States would be an extreme course of action. Not only would it invite questions about censorship in a free country right before an election, but it would affect various companies here in the U.S. who use the platform for marketing purposes. A solution technology experts have mentioned is to implement policies for protecting consumer privacy and measures to minimize data misuse from companies around the world. Currently, with the exception of a few state laws, the responsibility of American privacy and data sharing belongs to companies such as TikTok, Facebook, and Twitter. 

On September 14th, 2020, ByteDance accepted Oracle’s proposal to be their new technology provider. This means Oracle would be held accountable for protecting all user information collected through TikTok. Although this deal is pending approval by the U.S. government, this would keep businesses invested in TikTok afloat and allow up to 100 million users to continue posting creative content. Tresury Secretary, Steve Mnuchin, told CNBC that the government will be reviewing the proposal this week, as their top priority is to keep American user data from the Chinese Communist Party.   

Four days later, the U.S. government announced the removal of TikTok and fellow Chinese app, WeChat, from American app stores supplied by Apple and Google. Distribution, updates, and maintenance will be expelled for purchase unless the Trump administration, TikTok, and Oracle can close a deal by September 20th. Commerce Secretary, Wilbur Ross, told Bloomberg WeChat would be shut down for practical purposes, but Americans could still use the app for payments in China and talk to loved ones overseas. He added TikTok’s official shut down is scheduled after November 12th if the deal with Oracle falls through.  

On Monday, September 21st, 2020, President Trump announced his approval of the deal between Oracle and TikTok. As a result of the ongoing proposal, Oracle and Walmart will share a 20% stake in TikTok Global, a new company headquartered in the United States. ByteDance will own 80% of TikTok Global and allow Oracle to review its source code. Ceding algorithms and other technologies was not included in the deal. Allowing Oracle to review the source code is still not fool-proof as ByteDance could easily instruct the code to send data back to China in secret. Trump’s approval has postponed the ban for now, but the removal of TikTok through American app stores is still in effect. As relations between the United States and China remain tumultuous, the final outcome of the TikTok debate remains to be seen. 

Expert WitnessIntellectual PropertylegaltechSocial Media

Tinder v. Bumble: Swipe Right for Your Next Patent Infringement Expert Witness

on March 26, 2018

Last Friday I was sitting at my desk trying to find the next topic to blog about. Friday was an incredibly slow news day and nothing had piqued my interest. So I reached out to some lawyer-friends in the LegalMinds Mastermind Group for some ideas. I received a lot of feedback with some really great ideas. However, this Tinder v. Bumble lawsuit sounded like the most fun. A special thanks to patent lawyer, Karima Gulick, for the idea.

In fact, I had not even heard about this lawsuit until Karima mentioned it. It seems that Tinder’s parent company, Match Group (think Match.com), has decided to sue Bumble for patent infringement. For those who haven’t heard of Bumble, it is another popular dating app that allows women to make the first move. It seems they are now using very similar features to Tinder. An article in The Verge described the two patents at issue:

“…one called ‘Matching Process System and Method,’ in which users swipe cards and mutually select one another, as well as ‘Display Screen or Portion Thereof With a Graphical User Interface of a Mobile Device,’ which it describes as an ‘ornamental aspect’ of Tinder’s App. The lawsuit also points to similarities between each companies’ apps, and Bumble’s descriptions of ‘swiping’ run afoul of Tinder’s registered trademarks.”

It seems Tinder is accusing Bumble of infringing on the item that really made Tinder famous (i.e. swiping). Swiping did away with all that scrolling, reading, and learning about a potential romantic interest. Who has time for that? Even if you have time, who wants to do it? Instead, Tinder allowed you to make the important dating decision based on looks and looks alone, if you’re that shallow. It does appear there is a short biography portion some might want to read, but only if the potential match fits your physical requirements per their photo.

“Swipe right” and “swipe left” became a part of our nomenclature, often used outside of dating. I’ve heard comics and late show hosts use the terminology. There is no doubt in my mind, those using the terminology associate it with Tinder. Alas, Bumble decided to use the feature as well. Probably because users liked picking their mates via the swipe method.

There are some further accusations as set forth in this article by Recode, “[Tinder] also claims that early Bumble executives Chris Gulczynski and Sarah Mick, who both previously worked at Tinder, stole ‘confidential information related to proposed Tinder features,’ including the idea for a feature that lets users go back if they accidentally skip someone, according to the suit.” This is important, because when you’re swiping for volume (because it’s a numbers game) and get into a zone you might accidentally eliminate someone you find attractive. You need to undo that ASAP.

Finally, there is the issue of Match/Tinder trying to purchase Bumble last year. They offered $450 million, which was turned down, due to the acrimonious relationship between the two companies. Is Tinder using this case to apply some pressure on Bumble, thereby encouraging a sale? Quite possible.

If the case actually moves ahead and a sale is not negotiated, we can expect to see some expert witness participation. What kind of experts? I wish I could encourage you to swipe right to view them. However, you just have to keep reading!

Intellectual Property / Patent Infringement:

Intellectual property is sort of wide ranging term for expert witnesses. A broad range of expertise fits into the category intellectual property, such as patents, patent infringement, trademarks, trade dress, copyrights, licensing, trade secrets, and more.

In the Tinder v. Bumble issue, it appears they are only suing over a couple of patents and The Verge told us what those patents are. Both patents appear to be connected with the user interface, so I anticipate we will see intellectual property experts with software, programming,  and design engineering backgrounds. There is potential need for electronic engineering expert witnesses, but I think that will be less likely as it doesn’t appear hardware is at issue in this case.

Trademarks:

The lawsuit also claims that Bumble’s use of the word “swiping” infringes on Tinder’s registered trademarks. This legal dictionary from Cornell Law School’s Legal Information Institute describes a trademark as follows, “A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.”

The Legal Information Institute also tells us that “Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive.”

As I mentioned above, I knew that “swiping” was something associated with Tinder and I know that Tinder is a subscription based dating service. So, according to this layperson, the mark is being used in commerce and I recognize it as distinctive to Tinder. Now that I’ve made this information public, I cannot imagine Bumble wanting me on the jury. Luckily, the case has been filed in the US District Court in Waco, Texas.

Furthermore, a trademark expert witness retained by Bumble, may be able to provide information about “swiping” that indicates it is not distinctive. In fact, the terminology may be quite prevalent in software uses.

A Similar Matter?

The software matter I equate to this lawsuit would be the “Stories” issue between Snapchat and Instagram. Snapchat was the first social media platform to use the Stories feature, allowing users to post a continuing series of video clips or photos in order to create an ongoing story. Instagram copied it, nearly outright, and even admitted that they took the idea from Snapchat. To my knowledge, this has not resulted in litigation. However, the use of software-based features seem nearly identical and I wouldn’t be surprised to see a patent infringement and trademark dispute between Facebook (Instagram’s parent company) and Snapchat.

Requests:

As I am not practicing in this field, I think it would be great to get some feedback from a some lawyers who regularly deal with patents and trademarks.

I have asked Karima Gulick of Gulick Law and Joey Vitale of Indie Law to provide some real insight, rather than lay punditry, in the matter of Tinder v. Bumble.

UPDATE:

Intellectual property and patent attorney, Karima Gulick, has provided her insight about this case on her blog. Here is her blog post: Tinder v. Bumble: Patent dispute in app dating paradise.

Copyright and trademark attorney, Joey Vitale, has provided his insight about this case on his blog. Here is his blog post: Be careful if you “swipe”: trademark battles in Tinder v. Bumble.

 

 

Expert WitnessLawyerslegaltechSocial Media

Technology and Awareness: How to bridge the access to justice gap?

on February 22, 2018

Our final blog post of 2017 highlighted an upcoming event I’m really enthusiastic about. I’ll be moderating a panel at the ABA-GPSolo/GLSA 2018 Joint Spring Meeting (April 25-28, 2018) in New Orleans. This is the GLSA’s (Group Legal Services Association) annual educational conference.

Why am I so excited? Well, it will be held during Jazz Fest in New Orleans! Why wouldn’t I be excited?!

In all sincerity, I’m thrilled to be sharing the panel with some awesome lawyers. Our group has worked diligently to create a valuable presentation for our audience.

Five individuals, with little prior knowledge of each other, have come together through solid teamwork to create a coherent presentation underlining the obstacles facing client access to justice and some steps to improve access.

What started as “legal technology and the access to justice” has morphed into a topic of technology and awareness building to bridge the access to justice gap.

I can’t wait to meet my teammates and the readers of this blog post in person! Allow me to introduce you to the team:

Sarah Kieny:

Sarah is a shareholder in the Riggs, Abney, Neal, Turpen, Orbison & Lewis law firm and has been with the firm since 1997.  Sarah received her J.D. from Creighton University Law School in 1994, and a BA in Religious Studies in 1991 from Regis College in Denver, Colorado.  Sarah is the firms’ LegalShield Supervising Attorney where she manages LegalShield front line 20+ attorneys and staff in day-to-day operations. She has also spearheaded the firms’ involvement in raising community awareness about the availability of legal services. Sarah has coordinated a quarterly “Law Day” program with Denver’s nonprofit organization, Warren Village, for the specific purpose of offering legal access to single parents who are transitioning to self-support through education, training, and commitment.

Wayne Hassay:

Wayne is the managing partner of Maguire Schneider Hassay, LLP. He joined the firm in 1998, and became a partner in 2004. He has been with the firm almost 20 years, practicing in the areas of personal injury, probate, and collection, plus he lectures regularly on the non-traditional delivery of legal services. His firm services the legal needs of over 36,000 Ohioans as part of legal service plan, LegalShield.

Wayne and I are sort of kindred spirits, although we approach legal technology and access to justice a bit differently, since I don’t practice. In a Law Practice Today article from last year, Wayne stated “Client-facing tech is the norm in so many professions. Can you imagine working with a bank that does not have client-facing technology? No. Yet law lags far behind.” Let’s work to correct this, Wayne!

Kerry Lavelle:

Kerry began his own practice, Lavelle Legal Services, in 1989, focusing primarily on matters of tax law. Today the firm, now known as Lavelle Law, Ltd., has grown to include 22 attorneys with practice groups in tax, business law, commercial real estate, estate planning, criminal law, home health care, small business, gaming law, bankruptcy, corporate formation, family law, litigation, grocery law, employment law, residential real estate, securities, and LGBT law. He is the author of The Business Guide to Law: Creating and Operating a Successful Law Firm, published by the Division. In 2016, Kerry was designated a Top 100 Attorney in Illinois by Super Lawyers. In 2015, his firm was one of 13 law firms nationally to receive the Beacon of Justice Award for pro bono service from the National Legal Aid & Defender Association (NLADA).

Tony Clayton:

Tony is the managing partner of Clayton, Fruge & Ward. He graduated from Southern University’s Law Center in 1991 and was admitted to the Louisiana State Bar that same year. While establishing his private practice, Tony has had the privilege of also being involved in other areas of the legal profession, including District Court Judge for the Louisiana Supreme Court and Special Prosecutor for East Baton Rouge Parish.

Moderator / Panelist, Nick Rishwain:

I am the Vice President of Client Relations & Business Development for Experts.com, an online marketing platform for expert witnesses and consultants. In my free time, I am quite active in social media. In 2015, I founded and co-host a live video vlog, LegalTechLIVE, which advocates for and highlights the advancements in the legal technology sector. Additionally, I co-host SocialChatter, a live, weekly, social media news show.

LawyersLitigationSocial Media

LegalTech and Access to Justice: Panel at The ABA GPSolo/GLSA Spring Meeting

on December 26, 2017

As 2017 comes to an end, I am looking at what we accomplished this year and what is on our “to do a list” for 2018. There is one item I’m very excited about. I’ll be moderating a panel at the ABA-GPSolo/GLSA 2018 Joint Spring Meeting (April 25-28, 2018) in New Orleans. This is the GLSA’s (Group Legal Services Association) annual educational conference.

Legal Technology:

The panel is covering the topics of legal technology (legaltech) and access to justice. Many may wonder why I’m excited about this. If you are not in the legal or legaltech business, I understand the topic may seem dry. I’ve been working in legaltech for nearly 8 years at Experts.com and one of my hobbies includes vlogging about legal technology. I am deeply passionate about the impact of technology on the practice of law and delivery of legal services. In essence, I get to host a panel on a topic that fascinates me.

There are a lot of exciting advancements taking place in legaltech. You may have heard about topics such as artificial intelligence, blockchain, and chatbots. These subjects have been dominating legal news for the last couple of years. The innovations are very cool, at least to an admitted nerd like myself. However, our panel will not be taking a deep dive into these legaltech topics. A friend and colleague, Tom Martin of LawDroid will be at the conference and he’ll be discussing running his practice virtually while vacationing in Europe. I highly recommend chatting with Tom about chatbots and how they can help to run a lean, efficient practice as well as improve access to justice.

Access to Justice:

As much as I’d like to have a more involved discussion about the cutting edge technologies impacting the practice of law, there are less sophisticated, readily accessible technologies that can be employed by lawyers and law firms to improve access to justice. In fact, many of these technologies are already employed by legal practitioners. I’ll be hosting the panel with four actively practicing lawyers, with varying levels of technical aptitude, who are actively improving consumer access to justice.

To learn more about the magnitude of the access to justice problem, I encourage you to visit the US Department of Justice, Office for Access to Justice and this page from the United Nations and the Rule of Law.

Here is a brief breakdown of the items identified by our panel for discussion to improve access to justice within the United States:

  • Cost of legal services
  • Consumer awareness of pro-bono services
  • Time restraints for lawyers
  • Technologies used to improve access to justice

As mentioned above, you and your firm already have access to many of the technologies we’ll be discussing. It is just a matter of how the technology is used to improve consumer access to legal services.

Here are a few of the technologies we will cover:

  • Open source and cloud-based services
  • Mobile technology
  • Social media
  • Prepaid legal services

If you are a solo-practitioner looking to improve client access to justice, what would you want to learn about in this presentation?

To my friends and colleagues in the legaltech space, what other legacy technologies should be covered?

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