Question: Twitter lets registered users publish posts, called tweets, of up to 140 characters. Other registered users can follow a user, in which case the followed
Twitter lets registered users publish posts, called tweets, of up to 140 characters. Other registered users can follow a user, in which case the followed users tweets appear in the followers Twitter newsfeed. In addition, Twitter causes registered users to automatically follow other accounts that Twitter thinks might be interesting (users can subsequently unfollow those accounts). Unregistered users can read a users tweets by visiting the users profile page.
[Note: most of the facts about Twitter recounted in this reflect current Twitter practices. However, to the extent these facts vary from reality, please use this exams facts instead.]
Christine Jacko
Christine Jacko was the Chief Public Relations Officer for Poodle, one of the 50 largest companies in the United States. In addition, she regularly gave motivational talks as a side business, so her name has achieved secondary meaning for her speaking services.
Christine maintained a personal Twitter account @christinejacko9. Moments before boarding a long (and Internet-less) flight to Cape Town, South Africa, she posted the following tweet to Twitter:
Going to Africa. I hope I dont get AIDS. Just kidding. Im white!
This tweet implies that visitors to Africa face a heightened risk of contracting AIDS; it also implies that white people have some advantage over people of color in avoiding AIDS, and it could further imply that people of color are more likely to engage in practices that contribute to the spread of AIDS.
Twitter Reacts
Although Christine intended the tweet as an edgy joke, her racial and possible socio-economic implications nevertheless made it ill-advised, especially for a high-level executive of a major companyand especially for someone who should understand public relations. The adverse reaction to Christines tweet was immediate and severe. Instantly, some Twitter users started speculating how quickly Poodle would fire Christine for the tweet. Twitter users also pointed out that Christine, who wouldnt have Internet access during her long flight, was probably unaware that her career was being destroyed as she was relaxing on the plane. As a result, Twitter users started adding the hashtag #HasChristineLandedYet to their tweets, speculating what would happen when Christine arrived at her destination and realized that shed ignited controversy across the globe. A hashtag makes it easy to search on Twitter for other tweets containing identical phrases.
#HasChristineLandedYet quickly became one of the most popular hashtags on Twitter, becoming a "trending" hashtag.
GoGeaux provides Wi-Fi services on airplanes. It purchased a promoted tweet from Twitter, which allowed GoGeaux to prominently display the following tweet (as an ad) in conjunction with other tweets shown for a Twitter search for the keywords #HasChristineLandedYet and #ChristineJacko:
Next time you tweet something stupid before taking off, ensure your flight has @GoGeaux! #ChristineJacko #HasChristineLandedYet
Beth is a Twitter user with no connection to Christine. Beth registered the domain name christinejacko.com. She displayed a button directing donations to AID(S)Africa, a charity fighting AIDS in Africa (a non-profit organization Beth has no other connection with). Beth posted a tweet:
You can help fight AIDS in Africa by visiting christinejacko.com #HasChristineLandedYet
While Christine was still in the air, Beth received an email from a marketing company asking if she would sell the christinejacko.com domain name. Beth replied: Not right now, but maybe later if the price is right.
William, Christines ex-boyfriend, posted two tweets. The first tweet said:
Christine Jacko has been a racist for years #HasChristineLandedYet
And included a link to a publicly available blog post-Christine wrote in college expressing support for more stringent immigration restrictions. The second tweet said:
Stolen images of Christine Jacko nude!!! #HasChristineLandedYet
And included a link to a photo William uploaded to Twitter of a nude selfie that Christine texted him while they were dating. Twitter has an automated filter to screen pornographic images, but the filter failed to detect this photo. Four hundred sixteen other Twitter users retweeted Williams second tweet, meaning those individuals reposted it on their profile page and shared it with their followers. In addition, Twitters internal search function automatically sorts tweets based, in part, on their popularity. As a result, searchers for the keyword #HasChristineLandedYet saw Williams stolen images tweet listed as the first search result.
While Christine was on the plane, her friend Rebecca noticed Williams posting of the selfie photo. Rebecca emailed Twitters customer support email address and informed Twitter that the selfie should not be published on Twitter. Twitter Support sent an auto-reply to Rebecca, saying that it got her inquiry and would investigate the matter. Still, Twitter had not done anything about Rebeccas inquiry before Christine deleted her account.
Sarah, a public relations professional at another company, sent a direct message to the Twitter account for Poodles human resource executive, saying:
Dump Christine and hire someone who understands public relationslike me!
Sarahs direct message included a link to Sarahs publicly posted resume. (A Twitter direct message is a tweet seen only by a specified recipient. It shows up in the recipients messages tab).
What Happened When Christine Landed?
Upon landing in Cape Town, Christine immediately deleted her Twitter account and returned to her home in the United States. Nevertheless, Poodle fired her (it did not hire Sarah). In addition, clients stopped hiring Christine to give motivational speeches.
The Twitter Company
All registered Twitter users must navigate through the following page:
[Note: Type the words above refers to a captcha that didnt appear in this screenshot].
Twitters Terms of Service say that users may not engage in illegal behavior or spamming or otherwise abuse, harass, threaten, impersonate or intimidate other Twitter users. The Terms of Service also say that repeat infringers will be terminated. The Terms of Service also say:
We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via Internet mail according to the preference expressed on your account. What constitutes a material change will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.
Twitter has never attempted to amend its Terms of Service.
Discuss Christines potential legal claims against GoGeaux, Beth, William, and Twitter. If you think Christine should pursue additional defendants, feel free to discuss those claims. Also, discuss Twitters potential legal claims against William and Sarah, if any.
Write a 3-4 page double-page APA format.
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