NJSBA Family Law Section

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  • 1.  Social media prohibitions

    Posted 07-21-2015 02:06 PM

    Hello All:  

    Does anyone have any language to put into an agreement to prohibit posting on social media after the breakup of the relationship they could share?  Direct response is fine.

    TIA.

    [email protected] 


    ------------------------------
    Nancy Gold Esq.
    Mount Laurel NJ
    (856)505-1700
    ------------------------------



  • 2.  RE: Social media prohibitions

    Posted 07-22-2015 11:55 AM
    Nancy,

    Since social media are websites that allow non-website developers to
    publish information over the internet, you could try modifying the
    following:

    WHEREAS this matter having been opened to the Court by way of Consent Order
    by the parties, _________, Esq., attorney for the Defendant, _________, and
    _________, Esq., attorney for the Plaintiff, _________;

    WHEREAS in the interest of settling this matter without incurring the time
    and expense of litigation and trial, the parties are willing to enter into
    an agreement containing a consent order resolving _________;

    IT IS on this ________ day of ________, 20___, ORDERED as follows:

    DEFINITIONS

    For purposes of this Order, the following definitions shall apply:

    1. "Computer" shall mean any desktop, laptop computer, tablet, handheld
    device, telephone, or other electronic product or device that has a
    platform on which to download, install, or run any software program, code,
    script, or other content and to play any digital audio, visual, or
    audiovisual content.

    2. "Covered information" shall mean information from or about Plaintiff,
    including but not limited to (a) a first and last name; (b) a home or other
    physical address, including street name and name of city or town; (c) an
    email address or other online contact information, such as an instant
    messaging user identifier or a screen name; (d) a telephone number; (e) a
    persistent identifier, such as a static Internet Protocol ("IP") address, a
    mobile device ID, or processor serial number; or (h) any communications or
    content that is transmitted or stored through Defendant's website(s),
    computer, or other internet activities.

    3. "Domain name" shall mean the part of an internet network address that
    identifies it as belonging to a particular domain.

    4. "Domain" shall mean a realm of administrative autonomy, authority or
    control within the Internet.

    5. "Internet" shall mean the global communication network that allows
    computers worldwide to connect and exchange information.

    6. "Online" shall mean any form of electronic communications controlled by
    or connected to another computer or to a network.

    7. "Podcast" shall mean any digital audio file prepared and distributed
    over the internet.

    8. "Social media" shall mean any form of internet publication, electronic
    service or account, or electronic content, or presence that allows
    interactive communication, including, but not limited to videos, still
    photographs, Internet forums, text or video blogs, social networks,
    Internet websites, and wikis. Examples of social media include, but are not
    limited to, Facebook, podcasts, Twitter, instant and text messages, email,
    online services or accounts, YouTube, Google+, and Flickr.

    9. "Website" shall mean any location connected to the Internet that
    maintains one or more pages on the World Wide Web.

    10. "Wiki" is defined as any online website that allows collaborative
    editing of its content and structure by its users.

    11. IT IS FURTHER ORDERED that Defendant, without admitting liability or
    waiving any right, remedy or defense in this action, shall, within fourteen
    (14) days of this agreement, remove from any website, computer, podcast,
    social media, or other device connected to the internet, any and all
    covered information relating to Plaintiff that might currently exit on any
    website, computer, podcast, social media, or other internet internet
    location within Defendant's control.

    12. IT IS FURTHER ORDERED that Defendant, without admitting liability or
    waiving any right, remedy or defense in this action, directly or
    indirectly, will refrain from posting any covered information relating to
    the Plaintiff on any website, domain, computer, social media, wiki,
    podcast, or other internet location within Defendant's control.


    --

    William N. Sosis, Esq.
    Sosis Law, LLC
    200 Passaic Street, Suite 3
    Hackensack, NJ 07601
    Web: www.sosislaw.com
    E-mail: [email protected]
    Tel: 201-755-1355
    Fax: 201-781-7855

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