Geofeedia: Using Social Media Against You

Geofeedia:

Using Social Media Against You

Every day, we seem to read about another person busted for their Facebook activity.  Ever wonder how the police find these posts?  There is a new tool in town that many police forces are using monitor social media.  Called Geofeedia, the tool bills itself as a “location based social media platform.” 

Their website boasts “Every day, social media users are posting important content from your locations without using the “right” keywords or hashtags. Unlike traditional social listening tools, Geofeedia runs social media search by location first — rather than by specific words (such as keywords or hashtags). The result? Geofeedia’s data set contains the hidden 70%+ of social data coming from locations, compared to traditional tools that only rely on certain words to create their data sets.”

Geofeedia is actively marketing to local police forces: “Discover, engage, and analyze social media data to prevent crime, track suspects, and investigate evolving situations in real-time”. Their website goes on to say: “GET ACTIONABLE INTEL. See what’s happening in real time and search historical data in critical locations to better understand, react to, and prevent issues.”

The tool allows local police to track ALL social media posts from a given location range.  Geofeedia has recently been raising capital for expansion. They are actively marketing their software to police departments, citing the successful use in California, Florida, New Jersey, Michigan, and Illinois.  They even offer a mobile app to make it easier to monitor people “on the go.”

Geofeedia allows the police to pull up a map and draw a circle on it. The tool then monitors ALL social media posts being made from within that circle.  The tool indexes ALL posts, photos, and videos, regardless of keywords and hash tags.  It allows police to monitor and track activity and/or individuals. They can set up alerts for keywords, users, or subjects.  They can also obtain contact information for the individuals posting.

This means that the Police can draw a circle around ANY local event and then monitor that event for posts or photos that may mention “illegal activity.”  This activity can include such things as “Managed to sneak a flask into this no alcohol allowed event,” or “Should have stopped drinking an hour ago. Now I have to drive home.”  They then can intercept the posters to arrest them for the activity mentioned in their posts.  They can also use Geofeedia to scan for potential witnesses to the activity.  They can contact that witness on the scene, or use Geofeedia's tools to obtain the contact information of that witness at a later time.

The Ocean County Police Department currently uses the tool to actively scan for cyberbullying.  The Manatee County Police Department searches for photos that include “gang signs” or possible illegal weapons.   The Los Angeles County Sheriff’s Office uses it to monitor for possible gang activity and fights.  Of course, these are just the uses the police advertise.  There are many other ways the tool can be used to monitor individuals, groups, and activities.  Big Brother has arrived.

If you are a Facebook, Instagram, Twitter, or Vine user, the police may already be monitoring your posts.  Post that photo of your Marley Blunt, and the police may be ringing your bell before you've even finished smoking it.

And unfortunately for the Social Media User, this evidence is admissible in court.  The Courts have already ruled that social media may be used against an individual without violating his constitutional rights.  There is no legal expectation for privacy on a public platform.

Like with any technology product, when one becomes successful, copy cats begin to arise.  This means we can expect competitors to start cropping up, competitors who may develop more robust tools than the one Geofeedia already has.

In the past, the courts have demanded Social Media passwords once a single admissible post has been discovered.  That means they can subpoena your entire Facebook history from Facebook itself, including posts you have since deleted. 

Do NOT allow your own posts to be used against you.  Be aware that Geofeedia is adding new police departments to its customer roster on a daily basis.  And if you find such a tool being used against you, either as a participant or as a potential witness, be sure to protect yourself by contacting an attorney IMMEDIATELY. 

Five Considerations in Choosing a Lawyer

5 Considerations in Choosing a Lawyer

There are a slew of lawyers in every town, all of whom are telling you that they want to be YOUR lawyer. When you find yourself needing a lawyer, how do you choose? Here are some considerations to help you narrow down your choice.

 

1. Big Firm or Little Firm?

 

Some legal firms are huge. Their firms' names have 5 or 6 partners listed, and the firm employs dozens of other legal personnel, from Associate Attorneys to paralegals to legal secretaries. At the opposite end of the spectrum are firms composed of a single attorney. Which is right for you?

With a larger firm, much of your case will be handled by staff, rather than by your attorney. In fact, each piece of your case might be assigned to a different individual. When you call the firm, the receptionist will have to pull your file to see the appropriate person to whom to direct your call. You may rarely speak to “your attorney,” but usually will speak to one of the junior staff assigned to assist with your case. One attorney may handle settlement negotiations, while a different person will be assigned your case if you go to trial. One individual may prepare documents while a different person executes them. If you retain that firm again in the future, you may be working with an entirely different set of people. One lawyer will handle your divorce, different lawyer will handle your will, and another will handle that DUI.

With a smaller firm, you will get more individualized attention from your attorney. When you call the office, you will generally speak to one of two people: the lawyer himself or his assistant. Any future cases will be handled by these same individuals. You will be working with the same person through document preparation, settlement negotiations, and litigation. The same attorney will handle your divorce, custody settlements, will and preparation. If a few years later you get a DUI, you will be again working with the same attorney.
If a personal experience is important to you, you may want to consider going with a smaller firm. Your lawyer will get to know you with your first interaction, and s/he will be familiar with who you are when s/he handles future cases.

 

2. Areas of Practice

 

Some lawyers specialize, handling only cases that fall under a specific aspect of the law. There are lawyers that specialize in Condo Association Law, attorneys that specialize in Wills and Trusts, and firms that specialize in Personal Injury. Other law offices practice in many different areas of the law. Which is right for you?

Generally, the specialists are part of larger firms. Again, individuals within the firm have a specialized area of expertise. One personal injury lawyer may only handle car accidents, while a second in the firm only handles slip and fall incidents. One attorney may prepare your will, while a different attorney prepares your real estate trust.

With a smaller firm, the same attorney will handle both the will and the real estate trust. S/he will also handle your car accident and your slip and fall.

You might assume that the specialist will be cheaper in the long run, as s/he does not have to do as much research to effectively handle your case. Although it may be true that a single area lawyer can cite case law off the top of his/her head, you still want your attorney to research the latest case law that may apply. This is one area where skimping may be foolish. Chances are that firms of all sizes will need to do the same amount of research on your case.

Another consideration is the states in which the firm does business. To practice in any state, an attorney needs to pass the Bar Exam in that state. It is important to ensure your attorney can practice in the state where you need services.

Larger firms tend to have offices in multiple states. Smaller firms tend to practice in only a couple of states. If you own investment property in 6 different states, it might make sense to go with a specialized firm with offices in those states. Or, your lawyer may recommend s/he consults with such a firm should you require services in an area s/he doesn't practice.

Usually, as a client, you only need to worry about services in your own state and the adjacent ones. Most smaller firms maintain relationships with the specialized firms so that they may work together, when necessary, to meet your needs.

 

3. Convenience

 

Let's face it; we're all busy. None of us seem to have enough hours in the day. Any legal case brings enough stress along with it. You need to choose a lawyer who will work with you, on your schedule, and be convenient.

Does your lawyer insist that you come see him for every interaction, or after the initial consultation, does s/he work with you by phone, text, and e-mail as much as possible? Does your attorney work bankers hours? Or will s/he alter his/her schedule to meet with you after your work hours have finished? Are the offices easy to get to? Can you reach him/her at 1 am from your jail cell? Can s/he arrange for a bail bond if necessary?

Working with your lawyer should be as easy as possible for you. If it is not, you may have chosen the wrong attorney.

 

4. Payment

 

Lawyers are available at all price points. Many require large retainers up front. Other lawyers work on a contingency basis. Some lawyers cannot work within a budget; others will. Some lawyers require payment up front. Some lawyers offer payment plans. Some lawyers charge for travel time to court.

For some people, the price of their defense is no object. For others, money is tighter. It is important to discuss money and payment when choosing your attorney. Often, a contingency type arrangement ends up being a lot more expensive for the client. Sometimes though, contingency is the only way you can afford to pursue your case.

With the law, price and quality are not necessarily the same. Often, a too plush office is a sign your lawyer cares more about padding his wallet than about justice for you. Excellent representation is available at all price points. A good attorney should be able to quote you a ballpark range for your case. The initial consultation should be free. Ensure you choose a lawyer whose prices are in line with what you can afford. Be wary of attorneys that demand complete payment up front.

 

5. Personality

 

Last but not least, you need to choose an attorney with whom you can work. If your personalities clash, your defense will suffer. You need an attorney who you can trust and respect. Now this does not mean your attorney should become your BFF. It does mean that you should feel comfortable speaking with your lawyer. You should trust in your attorney's values and ethics. You should feel like a valued customer. You should be able to get your questions answered in a way you can understand.

That first consultation should be like an interview. If your gut tells you this is the wrong attorney, retain a different one. Likewise, you should feel comfortable with the office staff.

 

Summary

 

Choosing a lawyer can be stressful. But if you keep several things in mind, you can make an effective choice. Consider the size of the firm and how important a personal relationship is to you. If you want an attorney who recognizes your voice on the phone, you may want to consider going with a small firm. You also need to consider the practice areas, both in terms of subject and location. Your lawyer should be convenient to work with and accessible through whatever means you prefer. His work hours should also mesh with your schedule. Your ideal attorney will offer payment options and plans individualized to you. S/he should also be someone you can trust, respect, and just generally get along with. S/he should be able to meet both present and future legal needs.

Here at the Law Offices of Heath Harte, we realize you have a large choice of attorneys from which to choose. We are a small firm, and we believe in individualized, convenient services for all of our customers. We can handle a variety of legal issues, from personal injury, to criminal, to family, to wills and trusts. We offer convenient payment options and convenient payment plans. We believe in getting to know you as a person so we can better handle all of your legal needs. We hope, if you're located in the New York-Connecticut area, that you will consider us when choosing a lawyer. We invite you to our offices for a free consultation so that you can see if we can successfully work together. And we truly believe in law with a personal touch. If you are outside of the Westchester-New York-Fairfield-Greenwich-Stamford area, we hope you will be able to find a firm with the characteristics of our own.