Posted by wlansden |
Filed under web 2.0, commentary, technology
By Brian Malcom
That is the advice of the City Attorney for Fort Lauderdale, Florida, Harry Stewart, to the mayor and elected officials. The Legal Blog Watch reports that Mr. Stewart has advised elected officials to stay off Facebook and avoid Web 2.0 altogether in a memorandum.
The Florida Attorney General's Office prompted the memorandum by Mr. Stewart when it released its Attorney General's Opinion (AGO) 09-19 "dealing with the creation of municipal Facebook pages and the implications this would have under Florida’s Public Records and Sunshine laws . . . . The AG opined that a municipality may create a Facebook page if it finds there is a valid municipal purpose." However, Florida's Sunshine Law requires that everything placed on the page is subject to public disclosure and a matter of public record. "[E]ven the city's Facebook 'friends' could become public records."
So, be careful if you decide to "friend" your local government. This is especially true if you a friending a Florida municipality. Your profile could immediately become public record.
This brings us back to some simple, solid advice: Assume everything you post to Facebook or Web 2.0 is public and permanent. While privacy settings are nice, they are not guarantees. Use good judgment.
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