Tag: Arizona social media attorney

• Typical Sex Video Email Conversation

  

  I regularly receive emails from people asking questions about the legalities related to intimate photos and videos – particularly situations when a third party has possession of them. Sometimes the third party allegedly obtained them nefariously and sometimes the people emailing me voluntarily sent the person photos or video and now they have concerns about what said person will do with them.

  Now they have concerns?! These are questions they should have asked themselves before they sent the photos/video to begin with!

  Here’s an example of how these conversations typically go. The text in italics are things I usually think, but don’t share with the other the person in the moment.

  Prospective Client (PC): I made a video with my boyfriend and his ex got a hold of it. His ex is threatening to send it to my parents and post it. What can I do about this?

  How did his ex get access to your sex video? This sounds like someone neither of you should have contact with.

  ME: How old are you?

  Please don’t be a child . . . please don’t be a child . . . please don’t be a child . . . (Yes, sometimes it’s a minor – or so they say.)

  PC: 24.

  ME: Thank goodness this isn’t a potential inadvertent kiddie porn situation.

  You’re an adult. Besides being embarrassing, who cares if this person shows the video to your parents? (I’ve also had people email me claiming the third party is threatening to send it to the PC’s employer.)

  ME: Where do you and the ex live?

  In Arizona, merely threatening to post revenge porn is a felony.

  PC: Nebraska.

  Ok, well that’s outside the limits of my law license and revenge porn legal knowledge.

  ME: Here’s the list of the current revenge porn and related laws in all 50 States. This will tell you how the laws in your State apply to these situations.

  PC: I don’t know what to do. I want to go to the police but I don’t know if I can do that.

  ME: Of course you can go to the police! Give them a call, explain your situation, and ask if there’s anything they can do to help you. They may be the best ones to know if this situation violates your State’s criminal law.

  And maybe some local resources too that help people in these types of situations.

  I get questions and hits on my site every day from people asking about intimate photos and videos, not all of which were taken with consent, and how to keep them from getting out. Unfortunately, I also get hits from people who want to post revenge porn without repercussions – which is disgusting.

  When in doubt – don’t. Don’t create intimate photos or videos, don’t share them with others, and don’t post them online. What seemed like a good idea in the moment, may create long lasting regret, especially if it shows up when someone Googles your name. However, if you choose to create this type of material, do it with your device, keep it under password, and never let the files out of your control. Once this material is released, it’s hard to get it back or verify that every copy has been destroyed.

  We’re still in the infancy of how we’re going to deal with intimate photos and videos from a social and legal perspective. If you want to chat with me about revenge porn, privacy, or any related topics, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here. If you think you’re the victim of revenge porn or threatened revenge porn, contact your local law enforcement agency.

  July 26, 2016

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law

  Arizona social media attorney, Carter Law Firm, internet privacy, Phoenix internet lawyer, posting intimate photos online, revenge porn, revenge porn law, Ruth Carter, threatening to post sex tape, VenJuris

• Where to Put “#ad” on Instagram Posts

  Last month, Rosie and I attended BlogPaws – a conference for pet bloggers – where I taught a workshop with Chloe DiVita and Tom Collins on the Legal Dos and Don’ts of Blogging and Social Media.  We did a three-hour presentation that focused on copyright and the federal rules that apply to product reviews, campaigns, and promotions.

  We reminded the audience that the Federal Trade Commission (FTC) requires people to provide their honest and accurate opinions when writing product reviews. If you have a relationship with a company – whether you got free product, you have a contract with them, or even if you have personal relationship with someone in the company, you always have to disclose these relationships – clearly and succinctly – in every post and platform you mention them. We also reviewed the Lord & Taylor fiasco. This was a good reminder for social media influencers not to assume the companies they work with will know these rules or provide proper guidance

  After the workshop, I did one-on-one sessions with attendees. Per the conference organizers, each person only got 10-minutes, so it was like a legal information kissing booth – sit down, ask one question, and get out. One attendee asked, “I understand that I have to put #ad on all Instagram posts when I have a relationship with a company, but are there rules about where I have to put it?”

  Hmm . . . that’s an interesting question, and one I’ve never heard before.

  

  The purpose of the FTC rules is transparency. The law requires posters to inform others of potential bias due to a relationship with company so whomever reads the post can consider this in conjunction with the content of the post. This disclosure must be clear and conspicuous,  you can’t put it behind a link. The easiest way to make this disclosure is to include “#ad” on each applicable post.

  I grabbed my phone and scrolled through my Instagram feed. Each post cuts off after the first three lines until you click on it to read more. Based on this, it appears the prudent place to put “#ad” on an Instagram post is to put it in the first three lines so anyone looking at their feed on their will know when you have a relationship with a company.

  After the conference, I looked at Instagram’s Terms of Use. Although their terms are impressive and thorough, there are currently no provisions explicitly about when and where to use “#ad.”

  The law is constantly trying to keep up with technology, including the internet. If you’re a social media influencer, keep up with changes in the FTC rules regarding disclosures on product reviews and promotions. and other rules that apply to your posts. If you have questions about internet law, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

  Hat tip to Rosalyn of Golden Woofs and Sugar the Golden Retriever for this question.

  July 7, 2016

  •

  Ruth Carter

  •

  Internet law

  #ad, Arizona social media attorney, BlogPaws, Carter Law Firm, Chloe DiVita, FTC disclosure, FTC rules for promotions, Instagram, Phoenix internet lawyer, Ruth Carter, Silver Paw Studio, Tom Collins, VenJuris

• The Paisley Dress and the FTC: A Cautionary Tale

  

  If you want a story of what not to do when it comes to working with influencers and the Federal Trade Commission (FTC), look to Lord & Taylor.

  To promote their new clothing line collection, Design Lab, Lord & Taylor sought out influencers on Instagram. They sent a piece from the collection – a paisley dress – to 50 influencers, and paid each of them $1,000-4,000 to post a picture of themselves wearing the dress on a specific day (“product bomb”). The agreement with each influencer was that they would use certain campaign designations and hashtags and that Lord & Taylor would review and approve these posts prior to the product bomb day.

  

  This is where this story hurts my head:

  1. Lord & Taylor didn’t require the influencers to disclose that these posts were part of a campaign.
  2. When Lord & Taylor reviewed each post, they didn’t insist that the influencers add this information.
  3. None of the 50 influencers who were paid to post a picture of themselves wearing the paisley dress included the disclaimer or asked about it.

  How can marketing professionals claim they’re competent at creating social media campaigns and not know about the basic FTC rules about native advertising?

  How can an influencer who wants to use their social media platforms as a business and not know the basic rules of the game? The rules are not hard to follow:

  • Only give your truthful and accurate review of products, and
  • Always disclose when you have a relationship with a company.

  If a company doesn’t want you to do this, send them a link to the FTC rules and run away as fast as you can. If they don’t understand these basic rules, they don’t know what they’re doing. I’d be worried about what else they’re doing wrong.

  Companies should insist on these disclosures. When I did product reviews, my contract required me to include what I liked and didn’t like about the product and to always disclose that I got to use each product for free.

  Luckily for Lord & Taylor, they appear to have gotten off with a warning. The FTC could have fined them or their influencers up to $11,000 per violation ($11K x 50 influencer posts = $550K). The next company that makes this mistake may not be so lucky.

  I’m looking forward to speaking on this topic at BlogPaws to help bloggers avoid getting in hot water. If you want to talk with me about the FTC rules and social media law, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn. You can also get access to more exclusive content, entrepreneurial tips, and rants that are available only to people on my mailing list, by subscribing here.

   

  May 24, 2016

  •

  Ruth Carter

  •

  Featured Post, Internet law

  #ad, Arizona social media attorney, Carter Law Firm, disclose relationship, free product, FTC rule violations, FTC rules native advertising, Lord & Taylor paisley dress, Phoenix internet lawyer, product bomb, Ruth Carter, social media campaign, VenJuris

• Planning for the Digital Afterlife

  

  Your accounts on websites and social media platforms, website domains, and all the content you post are your property, and therefore part of your estate.  When you pass away, your estate plan determines who will inherit your possession, including your property online. When you write your will, make sure it includes information about who will own your online content when you die.

  Copyright Ownership
  Under the U.S. Copyright Act, you are the copyright owner in any original works you create the moment they are “fixed” in any tangible medium (including digital files). This includes the photos and videos that you take post on social media and the content you create and post on your websites. For any individual, the copyright in each work does not expire until 70 years after you die. It’s important to designate who will be the copyright owner for your content.

  Maintain Accounts
  You may have accounts that require payment to maintain them – such as your web domains. Your accounts could be disabled or delete if they are not maintained, meaning the content could be lost if someone doesn’t continue to pay your domain, hosting, and account fees. If you want a website to live on after you pass away, include instructions and money for doing so.

  For your other social media accounts, check with each site’s terms of service about what happens to an account when a user passes away. There may be processes in place to transition your account into a memorial page and/or transfer control to your loved ones.

  Settling your Online Affairs
  When you create an estate plan, you designate an executor or personal representative for your estate who is responsible for settling your affairs. Consider designating a representative to oversee you online affairs. Provide a list of your online property and instructions regarding what should happen to it. You may also want to give this person instructions regarding the files on your computer, in your phone, or in the cloud.

  You may select one person as your regular personal representative and a tech savvy friend to address your online affairs. Your online executor may need access to your passwords to your computer, phone, and for each account. (This is when using a password storage system like LastPass is handy.) Your online executor is also the best person to clear your browser history, delete images from your machine, and possibly remove items from your home that you don’t want your family to see.

  Dying Without a Will
  If you die without an estate plan (aka die intestate), you’ll have no say over who inherits what from your estate. The court will appoint a personal representative and the laws of your state will determine who inherits your estate. In Arizona, if you die without a will, your spouse inherits your estate. If you don’t have a spouse, your children inherit your estate. If you don’t have a spouse or children, your parents inherit if they are living, otherwise your property goes to your then-living siblings. If you are an entrepreneur, you should also be aware of what happens to your LLC when you die.

  If you want to talk with me about who owns your online content now and in the afterlife, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn. You can also get access to more exclusive content, entrepreneurial tips, and rants that are available only to people on my mailing list, by subscribing here.

  May 16, 2016

  •

  Ruth Carter

  •

  Internet law

  Arizona social media attorney, Carter Law Firm, content ownership, die without a will, digital afterlife, digital estate planning, dying intestate, estate planning, Internet Law, Phoenix copyright lawyer, Ruth Carter, social media afterlife, VenJuris, who owns your content

• Arizona’s New Revenge Porn Law

  

  Arizona has rejoined the ranks of U.S. states that have criminal law against revenge porn. This bill was announced with much fanfare in January, but there was barely a whisper when Governor Ducey signed it into law earlier this month. And because this law was passed on an “emergency” basis, it became effective the moment it was signed.

  The New Law
  A.R.S. § 13-1425 makes it illegal to intentionally disclose the image of an identifiable person in a state of nudity or engaged in sexual activity, when the person has an expectation of privacy, with the intent to harm, harass, intimidate, threaten, or coerce the depicted person. Some important things to note, “image” includes photos, videos, and other digital recordings; and to “disclose” an image means to display, distribute, publish, advertise, or offer.

  Offer. Just offering to share revenge porn could be a crime.
  Let that sink in for a minute.

  The Penalties
  If you are convicted of revenge porn using electronic means (email, text message, or social media) under this new law, it’s a Class 4 felony, which is punishable by 1.5 years in prison and a fine up to $150,000.

  If you’re convicted of threatening to post/share revenge without actually disclosing the image, that’s a Class 1 misdemeanor, punishable by 6 months in prison and a fine up to $2,500.

  Additionally, it will be up to the judge’s discretion to declare whether your crime makes you a registered sex offender.

  These are significant punishments for actions taken when you’re merely pissed off at an ex. It’s not worth the risk when the consequences are this severe.

  What if I Sext Someone a Naked Picture?
  One question I’m frequently asked is if someone texts or emails you a naked selfie, whether you can post that image online. If someone sends you an explicit image, they have not relinquished their expectation of privacy. If you post that image online or share it with others, it could be criminal revenge porn.

  If you believe you are the victim of revenge porn or threatened revenge porn, contact law enforcement for assistance. I’m curious to see the outcomes of the first cases tried in Arizona under this new law. If you have questions about social media law or internet privacy that you want to discuss with me, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

  March 23, 2016

  •

  Ruth Carter

  •

  Featured Post, Internet law, Legalities of Blogging

  Arizona revenge porn law, Arizona social media attorney, Carter Law Firm, Governor Doug Ducey, internet privacy, Phoenix internet lawyer, post naked photos online, post sex video, Ruth Carter, sexting, VenJuris

• Don’t Do Stupid Sh*t – V-Day Edition

  

  Someone recently asked what I would do if someone gave me an ad on the Super Bowl. Now, I don’t follow sportsball so I may not fully understand that demographic, but I would use my air time to share a simple PSA: “Don’t do stupid shit.”

  In honor of this Hallmark holiday, I feel obligated to post an unsolicited reminder about being responsible regarding your intimate photos and videos.

  Sending Explicit Content
  If you have any doubt about whether your crush or significant other can be trusted with an intimate image of you, Don’t Send It! Once they have a copy of your naked selfie, you have no control over who they might show it to or where they might post it online. Sending a sexy image to someone is not a decision you should make lightly. What you might think is a brilliant idea today may become tomorrow’s regret.

  Yes, if you find yourself in this situation, you could go after the person for violating your right to privacy or file a police report for revenge porn, but that doesn’t change the fact that this person posted your intimate photo or video online without your consent and there is no way to tell how many people will see it before you can get it removed.

  Owning Explicit Content
  If you are lucky enough to have a significant other who will send or make intimate content with you, respect that! Do the happy dance and consider yourself lucky. No matter what happens in your relationship, never ever ever post this material online or show it to a third person without your partner’s consent. And don’t even think about putting a hidden camera in your bedroom.

  (If you even think about doing any of these things, it is indisputable proof that you are completely unfuckable, and no one should sleep with you again. Ever.)

  In the best case scenario, if you share someone’s explicit photo or your sex tape, you will inform the world that you are a complete asshat. In the worst case scenario, you could be sued for invasion of privacy, lose your job, destroy your reputation, and be arrested for revenge porn (which if the new revenge porn law passes in Arizona, will be a Class 4 felony).

  When in doubt, keep your camera out of your sex life. Better yet, don’t even bring it into the bedroom, or wherever you’re having sexy time. I get calls and emails almost every week from people who are concerned about revenge porn and their nude photos and sex tapes being posted online or shared with others without their consent. If you have a question about revenge porn or internet law, please contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

  I’m also going to revive my newsletter later this year. If you want access to my exclusive content, please subscribe.

  February 14, 2016

  •

  Ruth Carter

  •

  Cyberbullying & Cyberharassment, Internet law

  Arizona social media attorney, Carter Law firm Carter venjuris Carter don’t do stupid shit, don’t do stupid sh*t, internet privacy, Phoenix internet lawyer, photo rights, posting intimate photos online, posting sex video online, revenge porn, Ruth Carter, sending naked selfies, stupid shit hurt

• Arizona Reviving its Revenge Porn Law

  

  Arizona lawmakers are trying to bring back the revenge porn law.

  The Arizona House of Representatives unanimously passed HB2001 last week. This bill would make it a crime to share “revenge porn” without the person’s permission. The previous revenge porn law was suspended when the court ruled that the verbiage of the law was overly broad. This new version has been tailored to better address the problematic behavior. If this bill becomes a law, it will be

  [U]nlawful for a person to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if all the following apply:
  1. The person in the image is depicted in a state of nudity or is engaged in specific sexual activities.
  2. The depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person using an electronic device does not, on its own, remove the person’s reasonable expectation of privacy for that image.
  3. The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person.

  If this law passes, it will illegal to post your ex-partner’s naked selfie online or show it to a friend, even if your partner voluntarily shared the image with you. The requirement of intent is beneficial; it will protect artists, galleries, and bookstores from criminal prosecution if they inadvertently use a nude image without a model release.

  If this law passes, the penalties will be similar to other sexual crimes:

  • Images disclosed through electronic means (meaning delivered to an email address, mobile device, tablet, other electronic device, or disclosed on a website) = Class 4 Felony – minimum 1.5 years in prison and up to $150,000 in fines.
  • Images disclosed through other means = Class 5 Felony – minimum 9 months in prison and up to $150,000 in fines.
  • Threatening to disclose revenge porn without making the disclosure = Class 1 Misdemeanor – up to 6 months in prison and up to $2,500 in fines.

  I hope this law passes. Based on the number of questions I get about revenge porn, this is a problem that is not going away on its own. If it passes, I hope there will be campaigns to quickly educate people – in every age group. If you have a cell phone, you have the means to create explicit images and send revenge porn.  Comprehensive, age-appropriate education needs to be disseminated in homes, schools, community groups, and via social media, because ignorance of the law will not absolve you from the consequences.

  Stay educated about social media law – this list of revenge porn laws in the U.S. is regularly updated. If you have a question about revenge porn, internet law, or photography rights, please contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

  January 17, 2016

  •

  Ruth Carter

  •

  Internet law, News

  Arizona social media attorney, Carter Law Firm, HB2001, image rights, internet privacy, intimate photos, Phoenix internet lawyer, photo rights, revenge porn, Ruth Carter, sex tape, VenJuris

• What’s the Answer to Revenge Porn?

  

  I’m frustrated.

  I regularly review the terms people search for and end up on this site. Almost every day people are asking questions about how they can determine if their intimate photos and videos have been posted online or what they should do if a current or ex-partner is threatening to post their intimate photos.

  Now, I have no issue with consenting adults creating photos or videos in the privacy of their bedroom or wherever they have sexy time. I have a huge issue when it comes to people acting irresponsibly with these media files. And the problem doesn’t appear to be getting better.

  My rule of thumb is people shouldn’t create intimate photos or videos unless they are certain that everyone involved is responsible and respectful enough not to share them with anyone. If you know you might be tempted to post these file or show them to your friends, don’t have them on your phone, delete them if you have them, or better yet – don’t create them.

  I suspect a lot of people feel embarrassed when they learn that their naked image is online or someone is threatening to post it, so they try to deal with it quietly. These bad actors get to be so abusive, in part, because they’re doing it in the shadows behind a computer screen. They rely on their victim silence. The best response may be to bring this person into the light. If you are a victim in this type of situation, call the police. You may be the victim of revenge porn, harassment, or extortion. You may also want to talk to a lawyer because you might have a civil case as well.

  Depending on your circumstances, your most effective course of action may be to turn to the court of public opinion by calling this bad actor out for their abusive and disrespectful deeds.

  Likewise, if your friend offers to show you the intimate photos or videos they created with their partner, forcefully decline. Tell your friend they’re a disrespectful dick for even considering sharing these. This person is a jerk who shouldn’t be dating anyone or engaging in any activities that might lead to procreation. The only exception to this advice is if your friend offers to hand you their phone to look at the images. The good buddy response would be to take their phone and delete the images – save them from themselves.

  In thinking about these situations, one of the reasons why I’m so frustrated is because I feel powerless to stop this misbehavior. The answer to this problem may lie in the way we teach tweens and tweens about using their phones. Just like we teach kids to say “please” and “thank you,” they need to be taught that it’s unacceptable to create and share content designed to humiliate and disrespect others.

  If you suspect that you are the victim of revenge porn threatened with revenge porn, please know that you don’t have to deal with this situation alone. Please call the police, your local domestic violence resource center, and/or a lawyer. If you have any questions about revenge porn or any other questions about social media harassment, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

  December 6, 2015

  •

  Ruth Carter

  •

  Internet law

  Arizona social media attorney, Carter Law Firm, Internet Law, online harassment, Phoenix internet attorney, revenge porn, Ruth Carter, social media law, VenJuris

• YouTube Reinstated my Video

  

  Last month, YouTube pulled one of my videos within hours of it being released. My videos are typically uploaded in advanced and released early every Wednesday morning. That was the strangest message to wake up to.

  The weird thing was that the videos on this challenge are mostly Q&A for legal questions about business, intellectual property, and internet law. Occasionally, I talk about more risqué topics like revenge porn and legal issues related to posting or sharing intimate photos and videos, but this video was about publicity rights. (The question I received was poorly phrased. As written it sounded like he/she could have been asking about human trafficking, but I’m pretty sure they were asking about the right of publicity.)

  Since life is blog material, instead of posting the video that day, I posted about how YouTube pulled my video for allegedly violating their Community Guidelines. I do not know if someone reported my video as offensive or if an automatic process within YouTube detected suspicious verbiage and removed it automatically.

  Initially, I was going to let it go, thinking “Their site, their rules;” but a friend suggested I appeal the decision. (I wish I could remember who suggested this! Thank you!) I went into the firm’s YouTube channel and submitted an appeal with a short note explaining that the purpose of the video was a discussion of publicity rights, not an endorsement of human trafficking. About a day later, I received the following response:

  Thank you for submitting your video appeal to YouTube. After further review, we’ve determined that your video doesn’t violate our Community Guidelines. Your video has been reinstated and your account is in good standing.

  In case you missed it, here’s the video that led to this predicament:

  I’m glad this situation has a happy ending. The lesson I learned from all of this is that it’s worth it to appeal YouTube’s decision if you think a video was pulled in error. If you have any questions about a YouTube video or any other questions about social media law, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

  November 30, 2015

  •

  Ruth Carter

  •

  Internet law

  Arizona social media attorney, Carter Law Firm, Internet Law, Phoenix intellectual property lawyer, right of publicity, Ruth Carter, VenJuris, YouTube Community Guidelines

• YouTube Pulled My Video

  

  Carter Law Firm releases a new Question of the Day video on its YouTube channel every Wednesday. I record these videos in advance in batches and then schedule them to be released on a weekly basis. The questions and topics for this videos come from terms people search for and end up on my site, questions I receive via email, and recent events related to business law, social media law, and intellectual property.

  I schedule the videos to be published at 3am Arizona time so each new video is live by the time I get up on Wednesday morning. This past Wednesday, I awoke to a surprising email from YouTube:

  The YouTube community flagged one or more of your videos as inappropriate. After reviewing the content, we’ve determined that the videos violate our Community Guidelines. As a result, we removed the following videos from YouTube . . . .

  Wait…what?!? I do Q&A videos about legal questions. How did I violate their community standards?

  The video in question was entitled, “Posting Pictures of a Girl you Bought Online.” This was a phrase someone searched for an ended up on this site. I started this video by questioning whether the person was asking about the legalities of posting a photo that he/she had purchased and the image depicted contains another person (copyright and rights of publicity issues) or if the person had purchased another human being and wanted to know if he/she could post an image of the purchased person online (human trafficking issues). I assumed the person was asking about copyright and publicity rights and addressed those issues in a general sense.

  So why was the video pulled? Perhaps someone thought I made too light an issue of human trafficking (which I would never intentionally do). Whatever the reason, I sighed and thought “Their site. Their rules.” Whoever controls a forum decides what others can and can’t post on it. If they had an issue with my video, it was their prerogative to remove it. If you want to see it, I posted it on the Carter Law Firm Facebook page.

  If you have a website where others can post comments or other content, you get to set the rules regarding what is and is not allowed. As long as your rules aren’t illegal, you can write them however you want. Even this site has a terms of service.

  If you want more information about website terms of service, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. If you want to chat with me about YouTube’s policies or terms or service in general, you can contact me directly or connect with me on Twitter, Facebook, YouTube, or LinkedIn.

  November 23, 2015

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  Ruth Carter

  •

  Internet law

  Arizona social media attorney, Carter Law Firm, Phoenix internet lawyer, Ruth Carter, VenJuris, Video removed from YouTube, website terms and conditions, YouTube terms of service