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To Tweet or Not to Tweet? Twitter's Shaky Legal Ground

Cody Musser

Issue date: 4/23/09 Section: Web Extras
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Ashton Kutcher has one million Twitter followers. He reached this milestone by participating in a race with news network CNN, of all possible outlets, to one million.

It was an epic battle, along the lines of Foreman vs. Ali, Hulk Hogan vs. Andre the Giant, and so on and so forth down the line. Forget the fact that many diehard journalists think CNN pandering to the likes of Ashton Kutcher with on-air pleas for more Twitter followers, and video responses from Larry King himself was pathetic and entirely damaging to their reputation as a respectable news outlet. That's not the point. The most important piece of information to bring home from this is that Twitter is the social media darling of today, and it's here to stay. That is, until six months from now when Flugle takes over, then Swishle and then Mybook. It's the nature of the medium to be popular. If companies like CNN and celebrities like Ashton Kutcher are going to use Twitter to bolster their popularity rating, then there are at least a few things they need to look out for.

Twitter might limit its posters to 140 characters with which to weave their posts and replies, but that doesn't mean a lot can't be said in such a seemingly small space. More than a few companies have taken to Twitter knowing that such a small message is exactly how they want to reach their customers, just ask Whole Foods or Zappos, two companies with some of the largest Twitter followings.

However, if someone says the wrong thing or the message is misinterpreted, Twitter leaves a company or an individual just as liable as any other medium. While many media laws on the internet are still a gray area, that doesn't mean Twitter is a free zone for companies to let bullets fly and not expect some sort of repercussion. We haven't heard too much about Twitter being used in the courts just yet, but it is a definitive source for public record. Anything said by a company or an individual on Twitter at any time leaves 140 characters of responsibility in the ether, to be used for or against them as necessary. Twitter posts can be subpoenaed in court just like blog posts and emails.
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