10/12/2012

Jerry Sandusky in letter to judge: 'Goliath won'

Matt Rourke / AP

Former Penn State University assistant football coach Jerry Sandusky is driven from the Centre County Courthouse after being sentenced in Bellefonte, Pa., on Tuesday.

By Karen Araiza, NBC10 Philadelphia

PHILADELPHIA -- Convicted child sex abuser Jerry Sandusky perceived himself as David, fighting Goliath as the sex scandal unfolded, sending him to prison for at least 30 years, rewriting the history of one of the greatest college football programs in the country, and prompting the firing of its legendary coach, Joe Paterno.

"I was supposed to be David but failed to pick up the sling shot," Sandusky wrote in a letter to Judge John Cleland of McKean County Common Pleas Court less than two weeks before he was sentenced. "Goliath won, and I must deal with the outcome. Just like preparing for an athletic contest, I am trying to prepare for what comes." 

The letter was released to the public Thursday morning by court officials.


Also on NBCPhiladelphia.com: Anger fuels Ben Franklin bust theft, police say

Sandusky sent the letter to the judge hoping to influence him as he decided how to punish the former Penn State assistant football coach. Sandusky was convicted in June on 45 counts of child sex abuse. His wife, Dottie, also wrote a letter. Both parents put some of the blame for Sandusky's guilty verdicts on their son, Matt. Late in the trial, as the jury was already deliberating, Matt Sandusky made a stunning announcement through his attorney that his father abused him too when he was a boy.

"In my heart I know I did not do these disgusting acts," Sandusky wrote. "However, I didn't tell the jury. Our son changed our plans when he switched sides."

In her letter, Dottie Sandusky attacked Matt's mental state, telling the judge people need to understand what type of person he is.

"We have forgiven him many times for all he has done to our family thinking that he was changing his life, but he would always go back to his stealing and lies," she wrote. "He has been diagnose (sic) with Bipolar, but he refuses to take his medicine."

Dottie Sandusky to judge: 'Jerry is not the monster'

Information came out after Sandusky's conviction that he never testified at trial because his son Matt had threatened to take the stand if Sandusky talked. Sandusky, 68, ended up defending himself, defiantly, a total of three times before he was sentenced. First, in an 11th-hour type of move, a Penn State radio station played a three-minute statement he recorded from jail earlier that day. The tone and themes of that statement lasted for 18 minutes the next morning, as Sandusky rambled on in court, blaming a web of conspirators for his downfall. That was right before the judge admonished him and then sentenced him to a minimum of 30 years, but no more than 60 years, in prison.

"You abused the trust of those who trusted you. . .so the crime isn't just what you did to their bodies, but to their psyche; their soul," Cleland said in court.

Jerry Sandusky, who is officially labeled a sexually violent predator, will be transferred from county jail to state prison next week to begin serving what amounts to a life in prison following Tuesday's sentencing. NBC's Michael Isikoff reports.

Here is the entire text of Sandusky's letter to the judge:

September 27, 2012

Hon. John M. Cleland, Senior Judge Specially Presiding

Dear Sir:

I write without expectation or a plea for leniency. However, I write with hope and resolve to keep fighting for a brighter day. This has been quite an experience. As I sat looking at walls, I spent many hours reliving this ordeal. First, I looked at me, my vulnerability, my naivety (some say stupidity), and my trust in people. Soon, my thoughts turned to all the special people who have been hurt. My heart saddened, and my eyes filled. Later, I began to relive the events leading up to the trial and the trial. Having the time to do it was not the problem it had been in preparation. There were so many people involved in the orchestration of this conviction (media, investigators, prosecutors, "the system", Penn State, and the accusers). It was well done. They won! When I thought about how it transpired, I wondered what they had won. I thought of the methods, decisions, and allegations. I relieved the inconsistent and dishonest testimonies. My mind wondered again. What would be the outcome of all the honest testimonies? My mind wondered again. What would be the outcome of all the accusers and their families who were investigated? I knew the answer. All of their issues would surface. They would no longer be these poor, innocent people, as portrayed. I have been blamed for all of their failures and shortcomings, but nobody mentioned the impact of the people who spent much more time with them than I did. Nobody mentioned the impact of abandonment, neglect, abuse, insecurity, and conflicting messages that the biological parents might have had in this. Those who have worked with troubled lives realize a common reaction for those with low self esteem is often to blame others. They have been rewarded for forgetting, fabricating, and exaggerating. Maybe, they will have a better place to live, a new car, access to more highs, but they won't change. Most of their rewards will be very temporary.

When I reflected, I realized much of what transpired was about protection. I was placed in protective custody; "the system" protected "the system", the media, the prosecution, the civil attorneys, and the accusers. Everybody protected themselves. Penn State, with its own system, protected their public image, their decisions, and the allegations. The authorities were protected. Media protected their jobs and ambitions. Prosecutors protected their jobs and egos. "The system" protected the prosecution. As the stakes became higher, people had more to protect. Civil attorneys were protected. The accusers were protected and provided access to potential financial gain, free attorneys, accolades, psychologists, and attention. Current and former police investigators protected their decisions and explanations to avoid criticism. The jury put up a protective shield to avoid criticism from family, friends, and the public.

Ringing through my ears were attorney Amendola's words, "It doesn't make sensei" I asked myself. Is justice more than just a word? Is fairness more than just a dream? My jaw began to tighten. Then I thought of not being able to be with my wife Dottie, not seeing our dog, Bo, not being there for our kids, not seeing our grandchildren mature, not being with friends, not playing games with loved ones and friends, helping others less, laughing less, and crying more. A chill went up my spine, and my eyes filled again.

Eventually, I thought of the words of Thoreau sent to me by a friend, "It's not what you look at that matters, it's what you see." Instead of walls, I saw great memories: I saw loved ones who will carry the light; I saw family and friends; I saw those who overcame huge obstacles; I saw all the people who thrived with a little of our help and hope; I saw a locker room with people hugging and crying as national champs; I saw all the people who have stood by me; I saw all the inspirational cards and letters I had received; I saw me throwing thousands of kids up in the air and them asking for more; I saw me in hundreds of water battles that nobody wanted to end; I saw black, white, brown, yellow, young, old, gifted, and handicapped all at our home; I saw kids laughing and playing; I saw a big, lovable dog licking their faces; and I saw inmates who smiled at me and offered kindness even when I was confined. My heart began to warm.

I've had some difficulties seeing a purpose. The best immediate one may be some vulnerable children may be helped. Some, who may have been abused, might not be as a result of the publicity. I'm not sure about that. I would relish the opportunity to be a little candle for other inmates, as some have been a light for me. Otherwise, I hope the suffering improves our chances for a better life when the last breath comes.

Searching for strength I read many books. One was about a family's efforts to help abandoned children in Romania. It was familiar to me. Most of them were about life's struggles and people's strength to endure. Systems all over the world demanded control and were willing to destroy lives to maintain it. These books represented the worst of life and the best of life. There was extreme greed, hate, and cruelty, combined with love and forgiveness. It was as dismal as it could be, but there was always a little light. The suffering of millions put my struggle in some perspective, and hopefully, will bring strength and courage throughout the rest of my journey.

The book with the most impact for me was entitled Left to Tell. It was about an amazing woman of tremendous faith who survived the Rwandan Holocaust. Over a million people were killed because they had to pick sides. She talked about what happened. In the words of a pastor, "I've seen these killing sprees before - once the blood lust is in the air, you can trust no one, not even your own children." There was betrayal and murder. Families turned against one another. Best friends became enemies. Those who had been helped at one point in their life sought and killed those who had helped them. In a lesser way I've experienced this. Through the darkness there was light. Loyalty prevailed when the lady's (Imaculee's) brother stood up for her before his execution. He said, "Even if I knew where my beautiful sister was, I wouldn't tell you." I also related to that as my loved ones and true friends have remained loyal to me.

My trust in people, systems, and fairness has diminished. My faith in God who sends light through the darkness has remained. My heart has been broken but still works. In my heart I know I did not do these disgusting acts. However, I didn't tell the jury. Our son changed our plans when he switched sides. I was supposed to be David but failed to pick up the sling shot. Goliath won, and I must deal with the outcome. Just like preparing for an athletic contest, I am trying to prepare for what comes. I have chosen books with this mind. I have given many second chances and will ask for one. The battle will continue for me and those like Imaculee's brother who remained loyal and shared the hurt.

Respectfully submitted,

Jerry Sandusky

Although Sandusky's sentence is tantamount to a life sentence for the 68-year-old, his attorneys say he truly believes he can get the verdict overturned. They are planning to appeal on the grounds that Sandusky's defense team did not have enough time to adequately prepare his case.

MSNBC's Thomas Roberts talks to NBC National Investigative Correspondent Michael Isikoff and Attorney Jeffrey Fritz, who represents Victim Number Four, about the sentencing in the sexual abuse conviction of Jerry Sandusky.

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Watch their faces

  • Between toothy grins and eye rolls, there were plenty of GIF-worthy moments in Thursday's VP debate.
  • What's your take on the debate? Share your views with CNN iReport.

(CNN) -- The Vice Presidential debate on Thursday night was full of facts and claims and sometimes tense exchanges about policy. But it was also full of outsized facial expressions from candidates Joe Biden and Paul Ryan, who reacted to one another's statements with a whole lot more than words.

If you are unable to see the images, click here to see them on Storify.

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Chicago public schools chief out in wake of teachers strike

Sitthixay Ditthavong / AP file

Chicago Public Schools CEO Jean-Claude Brizard delivers a presentation at a Chicago Board of Education meeting on Wednesday, Aug. 22, 2012 in Chicago.

By Carol Marin and Mary Ann Ahern, NBCChicago.com

Jean-Claude Brizard, plucked last year from Rochester, N.Y., to lead Chicago Public Schools, is out.

"I leave this role with great sadness, but with the knowledge that the seeds for true innovation and transformation have been planted," Brizard said in a statement sent out shortly after midnight Friday morning.

For more visit NBCChicago.com.

Spokeswoman Sarah Hamilton classified the move as a "mutual agreement" between Brizard and Mayor Rahm Emanuel.


The Office of the Mayor issued a statement Friday morning stating Emanuel would be making an "announcement about education" at 10:30 a.m.

The announcement will name CPS Chief Education Advisor Barbara Byrd Bennett as Brizard's replacement, Hamilton said.

Sources said Brizard gave his resignation to Emanuel on Monday, but the mayor opted this week to focus on his budget proposal to the Chicago City Council. A source added that Brizard personally informed Chicago Teachers Union President Karen Lewis.

"You cannot fire your way to a new school district," Lewis said through her spokesman. "There is chaos at the top that trickles down to the bottom."

The development is a dramatic turnaround from late August, when Emanuel expressed confidence in his school leader and shot down a published report that Brizard was on his way out.

Also on NBCChicago.com: Evergreen Teachers Reach Tentative Agreement

"Its just that, rumor," Emanuel told reporters on Aug. 31. "He's (Brizard's) doing a great job."

It didn't go unnoticed, however, that Brizard was absent from many of the public statements made by officials during the recent teacher strike that kept students out of class for seven days.

His lack of visibility fueled speculation that he'd resigned or been fired.

"The reports of my demise have been greatly exaggerated," Brizard said in a public email in mid-September.

Brizard came to Chicago in April 2011 after a three-year stint as the superintendent of schools in Rochester, N.Y. He replaced interim chief Terry Mazany.

As for Bennett, she came to Chicago earlier this year after helping to lead reform efforts in Detroit, Cleveland and New York City.

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Two toddlers critically injured in attack by aunt's Rottweilers

By NBC News staff

Two toddlers in Ohio were critically injured in an attack by their aunt's three Rottweilers, according to local reports.

Richland County Dog Warden Dave Jordan said immediately following the Thursday attack family members took the dogs to a vet in Ashland, Ohio to be euthanized, the Mansfield News Journal reported.

The dogs will be tested for rabies by the Richland Health Department.


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The toddlers -- Kaitlyn O'Brien, 22 months, and Reagan O'Brien, 3 -- were flown to an Akron hospital, which said Friday it couldn't release any information about them, the News Journal reported.

Richland County Sheriff's Deputy Joe Lewis told the newspaper that the girls' aunt, Sandra Lynn Kinstle, went on a walk with her two nieces and three Rottweilers -- a male and two females.

Reagan reportedly ran ahead, and the male Rottweiler, which weighed about 180 pounds, chased and attacked her. The other two dogs followed and then turned on Kaitlyn.

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The aunt then reportedly covered the girls with her body to stop the dogs and was injured. She was listed in fair condition at a Mansfield hospital Thursday.

Jordan said the owners reported having no previous problems with the dogs.

No charges were immediately filed. 

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Ex-Connecticut firefighter pleads guilty to fatal 1986 arson

By NBCConnecticut.com

Peter Waraska was sentenced to eight years and eight months in prison for setting a fire that killed a couple.

A former Connecticut volunteer firefighter has been sentenced to eight years and eight months in prison after pleading guilty to setting a fatal 1986 fire in East Windsor. 

For more visit NBCConnecticut.com.

Peter Waraksa, 50, pleaded guilty on Thursday to two counts of negligent homicide, arson and burglary.


Waraksa was arrested in July 2010 -- more than 23 years after the crime -- in connection with the deaths of Orie "Harold" Weeks, 59, and his wife, Assunta, 57, who were found dead after a fire at their home on Oct. 7, 1986.

Waraksa, a member of the Warehouse Point Volunteer Fire Department at the time of the fire, was charged with arson murder after an investigation by East Windsor police and the state cold case unit.

He was already in prison at the time of the arrest, serving a five-year sentence issued in 2007 for sexually assaulting five boys.

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Peace Prize draws moans

  • NEW: The Nobel Committee has "no ambitions" to save the euro, committee chairman says
  • We must work hard for "peace, for democracy, for freedom," German chancellor says
  • Norwegian committee awards the prize for lasting peace after World War II
  • Norway is not an EU member, where popular sentiment is against membership

(CNN) -- The European Union won the Nobel Peace Prize on Friday as it grapples with the worst crisis since its founding -- devastating debt and the threat of disintegration.

The prestigious award was a salute to the struggling 27-nation union for its work in promoting democracy and reconciliation since World War II.

It was a cheer for an entity tackling the continent's economic misery -- particularly in debt-ridden Greece, Spain, and Portugal -- as some member countries might be faced with dropping the euro, the EU currency.

The timing wasn't a coincidence.

"This is, in a way, a message to Europe that we should do everything we can and move forward," said Thorbjen Jagland, the chairman of the Norwegian Nobel Committee and a high European Council official.

The Norwegian Nobel Committee in Oslo awarded the Nobel Peace Prize Friday to the European Union for peaceful reconciliation after World War II between former foes Germany and France, and for spreading democracy and human rights through Europe.The Norwegian Nobel Committee in Oslo awarded the Nobel Peace Prize Friday to the European Union for peaceful reconciliation after World War II between former foes Germany and France, and for spreading democracy and human rights through Europe.
Chinese writer Mo Yan won the 2012 Nobel Prize for literature on Thursday, October 11, for works which combine "hallucinatory realism" with folk tales, history and contemporary life grounded in his native land. Picture taken October 19, 2005.Chinese writer Mo Yan won the 2012 Nobel Prize for literature on Thursday, October 11, for works which combine "hallucinatory realism" with folk tales, history and contemporary life grounded in his native land. Picture taken October 19, 2005.
Robert Lefkowitz, center, enters a party held for him at Duke University after winning the Nobel Prize in chemistry on Wednesday. Lefkowitz shares the prize with his former student, Brian Kobilka.Robert Lefkowitz, center, enters a party held for him at Duke University after winning the Nobel Prize in chemistry on Wednesday. Lefkowitz shares the prize with his former student, Brian Kobilka.
Dr. Brian Kobilka, a professor of molecular and cellular physiology, stands in his laboratory at Stanford University. He shares the Nobel Prize in chemistry with Robert Lefkowitz of Duke University.Dr. Brian Kobilka, a professor of molecular and cellular physiology, stands in his laboratory at Stanford University. He shares the Nobel Prize in chemistry with Robert Lefkowitz of Duke University.
Serge Haroche, a French physicist and professor at the College de France, shares the Nobel Prize in physics with David Wineland. Serge Haroche, a French physicist and professor at the College de France, shares the Nobel Prize in physics with David Wineland.
David Wineland, winner of the 2012 Nobel Prize in physics, gives a tour Tuesday of the National Institute of Standards and Technology in Boulder, Colorado, where he works in the physics department.David Wineland, winner of the 2012 Nobel Prize in physics, gives a tour Tuesday of the National Institute of Standards and Technology in Boulder, Colorado, where he works in the physics department.
Kyoto University professor Shinya Yamanaka of Japan won the Nobel Prize in medicine for groundbreaking work on stem cells. He shares the prize with Sir John B. Gurdon of Britain.Kyoto University professor Shinya Yamanaka of Japan won the Nobel Prize in medicine for groundbreaking work on stem cells. He shares the prize with Sir John B. Gurdon of Britain.
Sir John Gurdon speaks Monday at a press conference after being awarded the Nobel Prize in medicine.Sir John Gurdon speaks Monday at a press conference after being awarded the Nobel Prize in medicine.
Chemistry, Robert Lefkowitz
Medicine, Shinya Yamanaka
Photos: The Nobel Prize winners of 2012Photos: The Nobel Prize winners of 2012
Lovitz on Obama's Nobel Peace Prize
Suu Kyi reflects on Nobel win
Three women receive Nobel Peace Prize

"We want to remind all Europeans about what we have achieved on this continent and that we should not let it start disintegrating again and getting nationalism and extremism (to) grow on this continent, because we know what that leads to," Jagland said.

"It's also a clear message to other parts of the world where you have a number of conflicts; this is a good way of solving conflicts, namely getting countries (to) make trade with each other. ..."

The committee had "no ambitions" to save the euro, Jagland said, and "we don't have a position on how to solve the economic crisis."

But he stressed the importance of finding a solution to the EU debt crisis.

European economic troubles have reverberated across the world. The problems have hit American pocketbooks because of the billions of dollars in U.S. trade and investment in Europe.

Within the EU, disparities have persisted between economically strong members, such as Germany, which has fronted European bailout money, and economically weaker countries like Greece suffering from strict austerity measures and unemployment.

The longstanding animosities erupted Tuesday in Greece during a visit by German Chancellor Angela Merkel. As many as 25,000 people angry about EU austerity measures championed by Germany took to the streets to protest.

In its announcement, the Nobel Committee said that the EU "for over six decades contributed to the advancement of peace and reconciliation, democracy and human rights in Europe."

Jagland singled out the peaceful reconciliation between Germany and France -- an amity forged between neighbors who fought each other during both world wars last century.

"Since 1945, that reconciliation has become a reality," the committee said in a statement. "Today, war between Germany and France is unthinkable."

The committee also focused on the spread of democracy to newer member nations.

"In the 1980s, Greece, Spain and Portugal joined the EU. The introduction of democracy was a condition for their membership," the committee said. All three countries saw dictatorships in the 20th century, even after World War II.

It cited progress in peace made by EU candidate nations, such as the former Yugoslav republics.

"We have to keep in mind that there are not so many years ago since people on this part of Europe killed each other -- awful wars," Jagland said, referring to the warfare in Bosnia, Kosovo and Croatia.

Jagland is the current secretary general of the Council of Europe and a former prime minster of Norway, which is not an EU member and where sentiment against membership runs high. The announcement, made in Oslo, Norway, drew some moans.

Journalists asked in Norwegian and English how the Nobel honors would affect any future decision by Norway to join the EU.

"This no argument in any direction for what Norway should do, and I don't think it will affect the public opinion in Norway right now," Jagland answered. "It is at an all-time low," he said.

European Commission President Jose Manuel Barosso received news of the award "with great emotion" and called it "a great honor for all 500 million citizens of Europe, for all the member states and all the European institutions."

German Chancellor Angela Merkel said the Nobel Committee "acknowledges the idea of the European conciliation" and said the euro is more than a currency.

"We should not forget this -- in particular during these weeks and months, in which we are working to strengthen the euro."

"Six decades of peace in Europe: For those of us who live in the European Union, that's a long period of time," Merkel added. "It's merely the blink of an eye in the course of history, which is why we must never forget that we must again and again work, strain and strive for this peace, for democracy, for freedom."

This year's winner was picked from 231 different nominations -- 43 for organizations and the rest for individuals, the Nobel Committee said.

Last year's peace prize came as a surprise to many observers, split as it was among three women: Liberian President Ellen Johnson Sirleaf and grassroots activist Leymah Gbowee, and Yemeni media freedom campaigner Tawakkul Karman, a symbol of the Arab Spring.

Johnson Sirleaf is one of many heads of state to have received the prize, including four U.S. presidents: Theodore Roosevelt, Woodrow Wilson, Jimmy Carter and Barack Obama.

The Peace Prize is the fifth Nobel Prize to be awarded this week, preceded by honors in medicine, physics, chemistry and literature.

Other large organizations have won the Nobel Peace Prize, including the United Nations, Doctors Without Borders, U.N. peacekeeping forces, the U.N. atomic energy agency and the International Campaign to Ban Landmines.

Firms, staff fight over social media friends

By Bob Sullivan

If you and your company get an ugly divorce, does your company get to keep the friends?

A controversial court ruling last week has shined a light on this made-in-the-digital age problem: Who owns Twitter followers, Facebook friends and LinkedIn connections when employers and employees part ways? With personal and professional lives mingled online as never before, a distinctly 21st Century fight is brewing over who owns your friendships.

A  federal judge in Pennsylvania on Oct. 4 rejected a claim by Linda Eagle that her prior employee had illegally accessed her LinkedIn account after she left her company, Edcomm. Workers there changed Eagle's password after her departure, preventing her from accessing critical contacts and, she claimed, damaged her ability to find new work. 

But the judge dismissed most elements of her lawsuit, giving fuel to those who argue that social media groomed at work belongs to employers.

"The initial outcome of the case is very troubling," said Bradley Shear, a Washington, D.C.,-area lawyer who specializes in social media. It opens the door for employers to claim ownership of any social account -- even personal accounts -- because Eagle's account was created under her own name, he warned. "It demonstrates there's a need for people to become much more educated about this."


Other court rulings have hinted that courts might be inclined to see things the employer's way.  Earlier this year, a federal California court allowed a publication named PhoneDog to proceed with a lawsuit against former writer Noah Kravitz, who had amassed 17,000 Twitter followers while working there.

Kravitz claimed the followers were his, but PhoneDog sued for ownership in 2011, and the judge denied a motion to dismiss the case in a February ruling – a positive sign for PhoneDog's legal argument. Two other recent cases also sided with firms making ownership claims on social media contacts.

Eric Goldman, a law professor at Santa Clara University, cautioned that each of these cases is "incredibly fact specific," and none establishes a universal principle that could be widely applied. Still, workers should be on notice that their employer getting their  friends in the divorce is not so far-fetched.

"People should learn from this that it's dangerous to mix business with pleasure," he said.

In many ways, the "who owns the connections and the conversations" issue is unique to social media and the digital age.  In the past, there was never any question that a public relations professional was speaking on behalf of a company, and that communication was company-owned  –  as were the contact lists. But what of a long-time flack who arrives at a new firm with a long list of her own Twitter followers, and who writes messages using that account that are decidedly personal?  Who owns those messages, and those contacts? The issue is as murky as most employees' work-life balance.

"Many of these accounts have 'mingled interests,' " Goldman said. "That makes things difficult."

In fact, the very nature of social media means the accounts don't really work unless they have a touch of personality. Tweeted press releases aren't interesting on Twitter; personal wit is regarded above all, and encouraged at every smart firm with a social media presence. 

On the other hand, it's reasonable to think of LinkedIn contacts as akin to customer lists, which are clearly proprietary and belong to employers as intellectual property. For decades, firms have claimed ownership of client lists (and employees have tried sneak out the door with them). If a LinkedIn account is little more than a list of business connections that are directly related to a job, why wouldn't a company claim it?

Of course, fights over Rolodexes aren't new – but old-fashioned piles of business cards make a poor analogy for a long-curated group of Twitter followers.  Besides, users who have a developed a personal relationship with a social media creator aren't likely to be much use to a company which takes over an account, Goldman noted.

"You can grab the Rolodex, but you can't really grab the relationship?" he said.

There's also the subtle "you are nothing without me" argument. When television anchor and early Twitter adopter Rick Sanchez left CNN, he had a follower list of 150,000. Without CNN, Sanchez would not have compiled such a following, and when he left, observers imagined a brewing controversy. A fight was averted when CNN Sanchez keep the list as long as he changed his Twitter handle, from @ricksanchezcnn to @ricksancheznews .

LinkedIn hasn't offered a lot of guidance in the issue, but in a brief statement to NBC News, the company seemed to suggest that it might take up the fight on behalf of users at some point.

"We don't know the specific facts and circumstances of the relationships or agreements between Ms. Eagle and her former employer, nor are we parties to the lawsuit, so we can't comment on it specifically," said LinkedIn spokesman Hani Durzy. "However, LinkedIn prides itself on being a members-first organization, and in general we believe that a member's professional profile belongs to them."

Other digital-era issues offer conflicting notions.  In the United States, employees have no right to privacy over emails they write at work, even if they are using personal email accounts. Employers are within their rights to employ snooping software to watch everything workers do with company computers.  That might suggest any Facebook or Twitter work done by an employee on company property belongs to the company. On the other hand, there's a long history of domain name confusion that sides with workers. Employees who register company domains in their own names, for example, often end up with an awful lot of leverage after they leave the company -- they can redirect the domain, for example.

To Shear, the lawyer specializing in social media, that leads to a practical question for companies that might be inclined to make claims on social media accounts.

"LinkedIn is an external system. Why are you are putting resources into an external system that you don't have control over?  Companies prefer their own email to Gmail for this reason," he said. 

One critical element of the Eagle case is that she had shared her password with a coworker, who updated the LinkedIn page for her. That put the company in a good position to make a claim -- it could change the password, lock her out and ask questions later.  So should employees refuse such password sharing? Some companies compel users to do so, though increasingly state legislatures are considering laws making the practice illegal.  Meanwhile, most social networks -- including LinkedIn -- say it's against their terms of service to share passwords.

There may already be existing laws that cover a lot of this controversy. Non-compete and non-solicitation agreements -- which prevent workers from contacting clients after exiting a firm -- prevent a lot of the issues that businesses are really concerned about when they make social media contact claims.  Still, those are often unenforceable, particularly in California, which has broad employment right laws. That has Shear and Goldman concerned that future employment agreements will contain the broadest possible provisions, with companies seeking rights to all online relationships while workers are in their employ.

"That would be an egregious overreach," Goldman warned.

It would also kill the spirit of social media, as popular Twitter posters would disappear overnight, each time they change jobs.

"In the end, we as readers will be the losers, because we won't be able to find the people we are looking for," he said

There is one saving grace in this discussion: Despite our pride of amassing a few thousand friends or followers, Goldman points out that most social media accounts are not so valuable that they are worth fighting over in court.

"The economics don't support litigation," he said. "How much is an account with 17,000 followers worth?  At $1 a follower, that's $17,000 -- that would hardly even get (the lawsuit) filed."

RED TAPE WRESTLING TIPS
Both Shear and Goldman stressed that companies need to have very specific social media policies -- pre-nuptial agreements, if you will -- specifying who gets what when the inevitable breakup arrives. 

For workers who are concerned, Shear offers three quick tips.

  • Make sure the email used to set up the social networking account is a personal email that you control, not a corporate email address that can be cut off -- and could be used as evidence of ownership in litigation. Also, use personal contact information, such as a home number and address.
  • Make sure the name on the account is personal -- Sally Smith, not Sally_XYZCompany. Finally, use a personal photograph, rather than a company logo, in the profile picture.

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