Monday, March 2, 2009

Sue Scheff: Michael Fertik, CEO and Founder of ReputationDefender Specializes in Online Defamation


Shortcomings in the Law Allow Cyberdefamation Campaigns, Legal Expert Says

Read entire article here: http://abcnews.go.com/Technology/AheadoftheCurve/Story?id=6960397&page=1


The Law as an Accomplice


Legal experts, however, emphasized that the law protects Web sites like Topix. Even if the comments are considered defamatory by a court of law, Topix has no legal obligation to take the content down.


Defenders of the legal landscape argue that a change could stifle open discussion and free speech. But others maintain that in stories like this, regardless of who emerges, once the veil of anonymity is lifted, it is the law itself that is a co-conspirator.


“The law as it currently stands is an accomplice because it creates no incentive whatsoever for Web sites to review or police themselves from content that is potentially devastating to real people and real lives,” Michael Fertik, a lawyer who specializes in online defamation, told ABCNews.com.


Part of the problem, Fertik continued, is that laws that made sense at the birth of the Internet age have not matured. It takes years to redress online defamation problems under the present regime. But, in the meantime, libelous comments easily found through search engines can sideline both personal and professional lives.


Although privacy and free speech advocates worry that changes to the law could “chill” online speech, Fertik argued that “the law can easily catch up without destroying speech.”
But until then?


“The law provides the red dye for the scarlet letter,” Fertik said. “It provides the ink for the tattoo that people create on Web sites like this.”

Monday, February 16, 2009

Sue Scheff: Don't Let The Web Kill What You Love by Michael Fertik


As someone that knows firsthand how the Internet can create you into someone you barely recognize, Michael Fertik is one of the pioneers in helping people maintain their online image. This is not about changing who you are, but letting people see the real you. Today there is so much Internet Gossip that separating it from Internet Fact, can be confusing. Not to mention many won’t take the time to determine the difference. I won the landmark case for Internet Defamation - over $11M jury verdict for damages - and that was vindication - Reputation Defender cleaned up what the defendant created. I will ever be grateful for my attorney, David Pollack, and Michael Fertik.



“It takes 20 years to build a reputation and five minutes to ruin it.”


Warren Buffett said that, before the invention of the Internet. Now, in the information age, the statement has never been more truthful. That is why I started a business, ReputationDefender, that is all about protecting reputations.


Your good name, and the reputations of your family, business, and everything you love, is valuable. So, when your neighbor, a customer, or a love interest plugs your name into a search engine, what will they find?


Anyone can come along and slam you online and if that happens, search results for your name might be dominated by negative, incomplete, or even false information. A hostile online comment might represent the uncommon experience of a dissatisfied customer or disgruntled neighbor, but due to the structure of search engines, that single opinion can be greatly amplified and made to look like a universal point of view. You might fall victim to the sniping of an anonymous blogger or even a competitor posing as an angry customer.


It’s not only easy to publish half-truths, innuendo, and falsehoods on the Internet, it’s also easy to make them stick. Many people who publish negative web content know how to make it maximally destructive. Lies, rumors, or memes take flight easily, getting repeated, added to, and generally magnified. Even though some of these narratives are discovered to be false, very few of them get debunked as loudly as they are broadcasted in the first place. As a result, false content often becomes more visible on the web than, say, well-researched articles from reputable news sources. It might seem illogical that bogus speculation can end up dominating searches for you, but that’s how a rumor mill works.


A great strength of the Internet is that it gives everyone a voice. That’s also one of its dangers: it can endow fraudsters and idle speculators with the appearance of authority.


The danger is real. This does not mean you should stop using the Internet. It means that you must proactively establish your accurate and positive presence on the web before there is a problem. You need to maximize your control over what people find about you, before someone else does it for you.


There are options. Companies have developed software solutions for online reputation protection. ReputationDefender, which is now a partner with TheStreet.com network, is my company, and we do just that.


Michael Fertik is the Founder and CEO of ReputationDefender, the online reputation management and privacy company.

Thursday, February 12, 2009

Sue Scheff: What is Google Saying About You?

Source: Portfolio.com

Forget your references, your ­résumé, and the degree on your wall. “Whatever’s in the top 10 ­results of a search for your name on Google—that’s your [professional] image,” says Chris Martin, founder of the small internet company Reputation Hawk, which is one of several outfits that focus on keeping that top 10 clean for their clients.

For victims of cyber-slurs, cleanup doesn’t necessarily mean removing bad press. Companies like eVisibility, Converseon, and 360i concentrate on generating ­positive content—but not too much at one time. If Google detects a ­sudden flood of suspicious Web postings, it will assign them low trust scores, preventing them from rising to the top of search results.

Nino Kader, CEO of International Reputation Management, uses a positive-content approach, calling its strategy a mix of “old-school PR and high tech.” The firm builds social profiles (on MySpace or Facebook) for clients and promotes them to blogs; it also drafts news releases and solicits coverage from traditional press outlets. Scrubbers generally work on retainer and charge anywhere from $500 to $10,000 a month.

A handful of scrubbers do try to actually remove negative content, using coercion, compromise, and occasionally cash. A first step is to contact the website and ask that the harmful post be removed. “For us to pay the site for removal is very uncommon, but less than 1 percent of the time, we have to do it,” says ReputationDefender CEO Michael Fertik, whose company charges a monthly fee and $30 for each item they persuade a website to remove. If a site refuses to erase an offending post, the next step is to negotiate a compromise. Ask the site administrator to substitute a screenshot for the actual text of the harmful post (a screenshot is an image, so the words no longer register as text to Google and won’t come up in a search).

When it comes to your online image, these companies argue that no one can afford to shrug off a slight. As Fertik says, “The people who are reading stuff about you on the internet don’t have to believe what they read about you beyond a reasonable doubt.” They just have to believe it enough to not hire you.

Friday, February 6, 2009

Sue Scheff: Reputation Defender Featured on CBS Early Show


(CBS) Did you ever "google" yourself and find something negative?

It should worry you. Just one negative posting can cost you a job

It's estimated that more than 70 percent of employers do a Web search on job applicants as part of their hiring procedures. More than half of them admit to not bringing someone on board because of negative information they found online.

It could be something you posted years ago, or something put into cyberspace by someone you know - or even a perfect stranger.

What can you do about it?

Michael Fertik, founder of ReputationDefender.com, had some advice on The Early Show Saturday Edition.

Fertik says he started the business two years ago with one person. He now has 60 employees. His service costs about $10 a month.

Fertik told substitute co-anchor Seth Doane that safeguarding your online reputation is “as important as your credit score nowadays. Every life transaction that you have, whether you’re looking for a job, you’re looking for romance, you’re looking for a friend - people are gonna look you up on the Web and make conclusions based on what they find.

"One random, idiosyncratic piece of content about you on the Web could dominate your Google results forever," he said. "It's such an issue: It affects people who are undeserving, people who are sort of using bad judgment, all kinds of different people."

What's worse, legal recourse is murky at best, Fertik observed, saying, "The law hasn't caught up yet with privacy. The Internet has really changed the privacy landscape in a big way and the law hasn't yet caught up with it. It's lagging behind, so far."

Fertik stressed that, "You have to be on top of your (online) reputation. It's not about narcissism. It’s about your personal brand. Especially in a down economy, people are looking you up, they’re making decisions. They're denying you a job unless they find something really good about you on the Web."

He had three key pieces of advice:

First, never let anyone set up your reputation online. Establish yourself online to create a clear and positive image of you. Don't wait for someone else to destroy it. Use what he calls "Google insurance": Create a profile on something like Facebook that's positive and tasteful. Claim the real estate on your name. What is said about you on the Web isn't a function of you living a righteous life: Anyone can say something bad about you. "Write your own history," he recommended.

Second, if there's a problem with your online reputation, you have to find it. Constantly monitor the Web. Search for full names, usernames, etc. Be on top of the game. Go deep into the Internet to Web sites that aren't indexed by Google: "The deep Web - Facebook, MySpace, the pages where the content really starts to generate and become problematic."

"Monitor yourself assiduously," Fertik told Doane.

Third: The longer it's there, the more it spreads and can be archived. If you see a problem, deal with it quickly. Get in touch with people and tell them to stop, in a kind and thoughtful way, without getting a lawyer involved right away. Reach them on a human level. If you want professional help, companies such as ReputationDefender are available. As Fertik told Doane, "Nip it in the bud before it spreads and gets mirrored and replicated. If you can't do it, you want to hire the pros."

If you do find something bad about yourself, how do you get it offline?




"Sometimes," Fertik responded to Doane, "what we do is, we overwhelm the 'bad' with good to make sure that when people look you up, they see what you want them to see, they see your good videos, not necessarily the (bad ones)."

Thursday, January 29, 2009

Sue Scheff: What are your teens posting online?


This is a very interesting article that will make parents think when safety trumps privacy - do you suspect your teen or tween is posting disturbing photos or communicating with questionable others? As a parent is is our responsibility to help keep our kids safe online. Having open lines of communication can help tremendously and helping them to understand the consequences of unflattering posts is critical.


We will spy on your teen’s website for you


More and more worried parents are resorting to using data-tracking services to keep up with what their teenagers are doing on the internet, writes Siobhan Cronin



Irish parents are the best in Europe at monitoring their kids on the internet. However, their kids are the least likely of all European children to turn to mum or dad for advice when something happens to them online.


These were the results of a recent survey by the European Commission into internet supervision by parents.


While our parents might be good at keeping tabs on their kids, cyber bullying is still on the increase, sometimes with tragic results.


Cork girl Leanne Wolfe’s horrific tales of bullying were revealed in her diary, days after her death by suicide last year.


Her sister later told of the nasty text messages and vicious internet entries which led Leanne to take her own life.


It is real-life stories like Leanne’s which have led thousands of American parents — and now a few hundred Irish ones — to resort to using a service that will keep tabs on what their children are reading, and uploading, on the web.


But it’s not just bullying that worries parents. Unfettered access to the web for our kids has also meant open access to them from anyone who is ‘roaming’ around in cyberspace.


This has led some parents to take the ultimate action — spying on their own children.


The founder of Reputation Defender, Michael Fertik, has been called to justify his online service: “Would you like to know your 16-year-old daughter is putting pictures of herself wearing only a bra on the web? Yes. People are not born with good judgment and it rarely develops by 15,” he says.
But another defence of Fertik’s service is, he claims, the prevalence of web bullying.


“When we were at school, we wrote mean notes to each other but you threw the piece of paper out the next day — now it’s on the internet wall forever,” he says.


Fertik’s solution, MyChild, scours the internet for all references to your child — by name, photography, screen name, or social network profiles.


For about €9.95 per month, the ‘online spy’ will send you a report of what your child has posted on the worldwide web.


Its approach is unashamedly tapping into parents’ paranoia: “Worried about bullies? Concerned that your teens’ friends and peers are posting inappropriate materials online,” the site asks.
Fertik, who says he has a “few hundred” Irish customers already, says his company grew out of a need to protect online privacy.


“Young people do the same things that they always did,” he points out. But now it’s on a wall on a web page. The internet is like a tattoo parlour.”


The firm, which started in his apartment in Kentucky, and now employs 65 staff servicing 35 countries, brought in revenues of $5.5m (€4.3m) this year.


He insists there is no “hacking” involved. His staff go through legitimate channels, but are simply better trained in the ways of teenage internet usage than most parents.


“We always encourage the parent to get the password — we don’t want to be spying on kids,” he adds.


One of the things that often causes concern among parents is the practice of their own lives being discussed on a website. “These things have always been discussed by children, but now it’s up there for everyone to see. Things like: ‘My parents are fighting’ or ‘I think they are going to get a divorce’.”


In pre-web days, we all had very intimate conversations with our peers about our home lives — either in person, or on the phone. Now it’s all on the internet, Fertik notes.


Once the offending material is identified, Reputation Defender can delete it, on the instructions of the parent, whether it involves comments, photographs or videos posted on social-networking sites, or on chat rooms or forums.


The service has become so popular that the company now offers packages to adults to manage search engine results, ‘reputation’ for career purposes, and general ‘privacy’ — so that you can stop sites selling your personal information to others.


But that very privacy is the reason that children’s rights organisations around the world have come out strongly against the practice.


Michael McLoughlin of Youthwork Ireland, which provides support and youth services for over 40,000 young people, says that while there may be some justification of the service for younger teens, this could become somewhat blurred when dealing with children of 16 or 17 years of age.
“At that stage in their lives they should really know what they are doing themselves,” he says. Youthwork Ireland is currently preparing guidelines for youth workers dealing with online bullying. “We try to tool them up on social networking, and try to improve the safety aspects.”
The ISPCC agrees that children need to be made aware of the risks of online networking.


However, National Childline Manager Margie Roe says that while parents need to respect privacy and maintain trust, they also need to police their children if they think they might be in any danger.


“If a parent is concerned about their child, they have a right to protect them,” she says.


“They need to be careful they don’t damage the trust between them and their child, but if they feel their behaviour is in anyway unusual, or their child is disappearing a lot, then it could be justified.”


This would be particularly relevant if parents are concerned their children might be making plans to hook up with people they have only met online, says Margie.


Michael Fertik is adamant that he is not doing anything ethically wrong.


“If a kid is 18 or older, we won’t do it. Parents who are signing up for this feel they don’t know how to keep up with their kids and they don’t understand Facebook or Bebo.”


He says the children themselves have mastered the art of ‘multiple’ personalities, in order to make discovery of their sites more difficult, but Reputation Defender is on their case.


However, even Fertik’s own ’solution’ can be subject to unsavoury interference. The system flags a query when the last name of the parent does not match the child’s, prompting further requests from the applicant, before they are given information on the child’s use of the web.
Fertik’s attitude appears to be that online surveillance is now a necessary evil in our modern world.


“There is no medical privacy for kids, no legal privacy. We are not suggesting they shouldn’t be allowed use the internet, but it’s like driving a car — you want to make sure they know how to drive first.


“We are not spying on someone else’s kid. It’s a new day, the internet brings new threats, and we need new armour.”
- Siobhan Cronin

Monday, January 12, 2009

ReputationDefender Launches their New MySpace Page


ReputationDefender is spreading their service through to MySpace and launching their Official MySpace Page.
Parents - don't forget to keep your kids safer online with ReputationDefender/MyChild!

Friday, January 9, 2009

Sue Scheff: Reputation Defender is a Growing Demand as the Internet Expands

As a victim and survivor of the wicked web (at times), I was vindicated at a jury trial for damages when I was awarded over $11M for the defamatory comments posted about me.
I credit my attorney, David Pollack, for successfully proving to the jury how I was damaged (defamed) online. Remember, free speech does not condone defamation.

What happens after the jury goes home and I have my $11.3M judgment? Well, you get a lot of media attention, new stalkers arrive, you become a Limited Public Figure (something I was not prior this major victory), and before you know it - you are the face of Internet Defamation Survivor. However what it doesn’t do is erase the ugliness the perpetrator did to you online.
For that, I sought out the services of Reputation Defender. O-kay, so you can’t literally erase all the unflattering online statements - but you can start filling the web with who you really are - and what you believe in.

I used ReputationDefender MyEdge - which is a priceless service for anyone that owns a business or has a reputation to protect. You can have a 20 year old reputable company literally destroyed within 20 minutes with a few keystrokes!

Here are some articles to help you find out more about how Reputation Defender can help you.
As a parent advocate, I always recommend MyChild - which helps parents monitor where their child’s name is being used! Remember, kids think that applying for colleges and filling out employment applications is far away - in a child’s mind, 2-4 years seems like a lifetime - but in reality - what goes online today - can haunt them tomorrow and years from tomorrow.

My Good Name Protector ReputationDefender Raises $2.6M In 1st Round
VentureBeat on Reputation Defender
ReputationDefender Official Blog
Teacher Fired Over MySpace Photo
Mahalo on Reputation Defender
Reputation Defender Official MySpace
Wired.com - Delete Your Bad Web Rep
Mashable.com on Reputation Defender
Fast Company on Reputation Defender
CyberLaw - Stanford.edu - Reputation Defender Article
Reputation Defender Turnstile
WRAL - Local Tech Wire
TradeVibes - Reputation Defender

There are many more…. I receive many emails from people all over the country and world that are being harmed online - many cannot afford the high costs of litigation. I always recommend Reputation Defender as an alternative or in combination with the legal route.

I am not a spokesperson for Reputation Defender, nor do I receive money or referral fees from them - I simply am a very satisfied client and want others to know there is such a service out there as Internet Gossip can be viewed as FACT. In many cases, that can hurt a persons’ reputation.