Donald Sterling Story Is Cautionary Tale About Dangers of Secret Recordings

June 3, 2014

Asbury Park Press
By Keith Sargeant

NEW BRUNSWICK — As an audio recording of Donald Sterling’s racist remarks went viral last week, Jeremy Mishkin was hardly surprised at how quickly it became part of a national conversation. A Philadelphia-based attorney who specializes in media law, Mishkin understands how modern technology has turned seemingly private conversations into public consumption.

“With the mobile technology available today, everything we do or say and anything we post or write online has a substantial risk of being exposed,” said Mishkin, a partner with Montgomery, McCracken, Walker & Rhoads and co-chair of the Internet Law Committee of the Media Law Resource Center.

“So when we are using these wonderful new devices with this fantastic medium called the Internet we have to recognize that what we’re doing is basically visible to everybody in the world. And we’re not used to that because we didn’t grow up assuming that everything we say and everything we do could be shared worldwide.

“It’s very understandable that someone can be mistaken in assuming what they say in confidence is going to stay in confidence, only to find out later that someone has decided to distribute it more more widely than they thought,” he added.

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