DISQUS

An Unofficial Coast Guard Blog: The Coast Guards problem of Social Media Liability

  • Peter A. Stinson · 6 months ago
    Ryan, excellent post.

    Aside from the operational aspects, I've noticed a lot of other opportunities to reach out to people on Twitter: children and nephews and nieces and whomever going off to boot camp; prospective recruits tweeting about thinking of joining the service; random mis-conceptions; etc. I've tried to reach out to some of those folks (perhaps you've noticed). I'm surprised that the PA's monitoring don't. Talk about using the tools to develop relationships...

    Anyway, I think we've come a long way... and we have a long way to go..
  • Nicky · 5 months ago
    I'm not surprised either Peter, Not even on the Aux side is monitoring Twitter, Facebook, Myspace or even linkedin. I think the PA folks on both the Active, Reserve and Aux side are sleeping while on duty. We have the tools that are available, and no one, not even the Aux side is taking the full advantage that is out their and even free for them to use.

    I think we have a long way before we get everyone including the Aux side on board the Social media bandwagon.
  • Ryan Owens · 6 months ago
    Ryan,

    Excellent post! I've been staring at Twitter and Facebook for some time now trying to figure out the best way for the public to use these tools to submit Suspicious Activity Reports in support of the America's Waterway Watch program. It's the same thing with Search and Rescue Reporting (minus the obvious need for immediate action in the case of Search and Rescue), and the AMVER and New England cases are great examples.

    In my particular situation, I'm concerned about a group 'spoofing' the system in an effort to conduct a mis-direction into what really is happening. There's an answer out there, we just need more minds thinking about it.
  • SparkyWD · 6 months ago
    I like the 'not for emergency use' option best - simple and elegant. Rescue 21 is reducing the number of crank distress calls but if we opened up Twitter / FB as sources of notifications, I expect we'd have even more fake 'calls' than we had before Rescue 21. The other thing that could be done is make it explicit the accounts are maintained by public affairs types and are not operational.

    On the other hand, if there was a standard way for them to notify the CG of float plans electronically (email, twitter, etc.) so that they could be referred to as needed, I think that would be an asset. It would HAVE to be standardized though, else you have garbage in-garbage out.
  • Ryan Erickson · 6 months ago
    Good point on the non-operational types as you are correct the most
    are of the PA type no where near a Command Center.
  • Nicky · 6 months ago
    I think it would a great idea to push for having a Facebook and twitter for Coast Guard Sectors and Stations. I can even see the day, when the Auxiliary side start pushing for people to file their Float plans via Facebook and Twitter with Sectors and Stations, when they go out on the water. Even Twitter can be used for sending emergency tweets and the Aux folks would need to start training people on how to send emergency tweets to Sectors and stations as well. This is why Technology is advancing at a fast and rapid pace. This is why people especially older folks on the Aux side need to change with technology or they are going to get left behind in the technological curve as well.
  • Clark Edwards · 6 months ago
    This would be a good job for the Auxiliary. Have the flotillas setup computers and have members report anything to the Coast Guard that may be an emergency.
  • steve · 6 months ago
    I'd go with:

    1. Not for Emergency Use disclaimer.

    2. Some kind of capture > forward > autoresponse keyword monitor on designated twitter broadcast sources. Look for SOS, Help, etc. patterns and send this on to a 24/7 helpdesk or other centralized cmd ctr. Also respond to the sending address that contains these keywords or patterns an alternate contact number. If it's immediate and due diligence is indicated - there's nothing more the CG can do.

    Unfortunately, I'm not sure the public would admonish the CG from responsibility in every case simply because of a disclaimer. And the distressed don't always make the best decisions under duress, they tend to need all the help they can get (in many ways).
  • rnpolish · 5 months ago
    As one of the maligned PAs referenced in the comments (albeit, a reservist), please understand that it is our job to communicate to the media and the general public about the noteworthy activities performed by Coast Guard members. As more and more of us move into the world of social media, we are spending a lot more time on "engaging" and not just one-way communication. In fact, I find myself "discussing" boot camp, the missions of the Coast Guard, etc. with family members of those considering the Coast Guard quite often.

    As for PAs monitoring Twitter and Facebook for potential SAR cases, I'm not sure this is the best solution. I might recommend setting up a specific Twitter, Facebook, etc. accounts specifically geared toward SAR cases, safety tips, float plans, etc. With that said, these accounts would need to be monitored 24/7. The PAs can help to craft key messages and promote the accounts as SAR-focused accounts. I think we should work on a proactive communications strategy to accomplish this - thoughts?

    As for PAs "being asleep on duty," you'll be happy to know that there are PAs on duty 24/7 in every district around the country and in different areas around the world. The PAs' job never ends and the work load is enormous on any given day. If you are interested, let us know if you'd like to stand duty with us for a few days so you can see the amount of PA activity and output that occurs - there's no such thing as "sleeping on the job" as a PA. Thanks.
  • Nicky · 5 months ago
    I would think that if Stations and Sectors made a Facebook and twitter page for emergency use, I think it would a new set of tools for SAR response. As I see it, Social media is fast changing how society interacts with people and I think that their is a serious generation gap issue with the younger more tech savvy generation vs the older more traditional ways of doing things. The only issue I see and i see this personally, is that their are older people who are very weary of social media and even frown upon it. It's the change with older people in the US Coast Guard that we need to work on. If we can get older members in the Auxiliary active and reserve side to come around to start using Social media, I would think that we can move more forward with Social media technology.

    I would think that it would be a good idea if Sectors and Stations would start using Facebook, twitter and SMS or IM's as a way to monitor emergencies. Even more is to get the Auxiliary side involve in promoting the idea of filing your float plan via Facebook and Twitter to Sectors and Stations. I think an electronic version of a Float plan that could be used and sent to Sectors and stations would be a good way to keep sectors and stations informed as to where a boater is. Even more is having someone at the watch room or control center to monitor Twitter, Instant messages and SMS from the computer. Even have the Aux side teach people how to send an SOS via Twitter, instant messaging, Facebook and SMS.

    I think that the part of "being asleep on duty" what I meant was, that, I think no one is keeping their eye's and ears open to new and emerging social media technology that is out their and that is free and easy to use and easy to get right into.
  • Ryan Erickson · 5 months ago
    Nick,
    Thank you for the clarification on the "sleep" statment... However, with all that you stated there is a huge policy no-no; the Coast Guard, per policy, would rather not handle float plans and for good reason. I'll admit that while I was in SAR school last summer I thought it odd the CG didn't do such- but being in a Command Center that last year has shown me just how many float plans, worldwide, we would receive. So many in fact it would take away from other SAR duties. So in closing, I think the whold float plan idea would be a bad one.
  • Nicky · 5 months ago
    Yea, but I think with technology getting better and better every day. I think an electronic version of a float plan, that would be paperless, would be a good idea someday in the future. Maybe in a not to distant future, we can see the day, when people file their float plan via facebook or twitter using an electronic form version instead of a pencil and paper version.

    Though I still believe that their is a generation gap in terms of Social media where the younger members are more in tune with social media vs the older members who are not and are clinging to the old fashion 20th century technology. I think one way to overcome this gap, is to try and get the older generation in tune with social media and show them if their not in it, they are going to be left behind the curve.
  • mrjacksonthomas · 5 months ago
    Having read your blog Kamododragon man, I'm not sure if you really want the Coast Guard Auxiliary to see that stuff. I don't have to go very far back to find some very questionable, even disturbing, posts.
  • Surface Force · 4 months ago
    LOL, good point MJT.
  • Nicky · 4 months ago
    Might I remind you why Social media is a good Idea and a clear Example of use of Social media on a SAR Case.

    Coast Guard uses Facebook to locate boater; saves thousands in tax dollars
    June 21 2009

    Eastport, Maine – Coast Guard Sector Northern New England was searching early this morning for a possible overdue fisherman out of Cobscook Park in Eastport until a search on Facebook helped locate information which ultimately closed the case and as a result saved up to $30,000 for the taxpayers.

    A park ranger at Cobscook Park reported to the Coast Guard a lone vehicle and trailer with no boat sitting in a parking lot. Using the license plate, the Coast Guard was able to locate a name, address, and phone number of the vehicle owner but there was no response at the location.

    Before launching a costly search by Coast Guard aircraft and cutters and with little amplifying information, Paul Conner, the search and rescue controller at Coast Guard Sector Northern New England who was running the case, decided to use the social networking site Facebook to enhance his search means. Knowing the popularity of internet networking sites, Conner used Facebook to check for any contact information on the missing fisherman or his relatives.

    “Sometimes we have to be very creative in our information gathering,” said Conner. “A simple internet search can often help us locate a missing person before a boat or aircraft is even on scene.”

    Conner was ultimately able to locate an email address and contact number for one of the missing fisherman’s relatives. He sent an email to the listed address, but in the end the phone number led him to speak to the fisherman directly, who was not in any distress and moored at a different location than his trailer and vehicle.

    “For over 200 years the Coast Guard has been using any means necessary to fulfill our mission,” said Captain Jim McPherson, commander at Sector Northern New England. “Now we can add social online media as another tool in our lifesaving kit.”

    http://www.piersystem.com/go/doc/778/283370/
  • Steve Flowers · 5 months ago
    I'd also point a couple of things about 'social media'.

    1. It's an emerging medium. I don't think anyone knows all facets of benefit and detriment to an organization. Like everything else, it's good to look at any tool like a double edged sword.

    2. As the PA stated above - public affairs, just like all USCG operations and operation support, carry out the business of the organization. If we expect change overnight, we'll fail. If we lay change on the shoulders of one group, we'll also fail.

    Investigating the highs and lows of a new approach (I wouldn't necessarily classify social media as a technological phenomenon) is everyone's task. And from my vantage point, we're taking it at the right speed.

    I don't subscribe to Jay or Scott's views necessarily. But there are valid points.It's easy to get swept up and miss the real opportunities while glaring at the novelty.

    http://www.slideshare.net/JayNeely/is-social-me...
    http://www.scottberkun.com/blog/2009/calling-bu...

    While you're at it, take a look at this explanation of stepped change models... food for thought:)
    http://blog.learnlets.com/?p=1073

    Hey... wait, did we just use social media to share human stuff? The rub is in how we use it, not to create convenient buckets for stuff that we'll never look at (cough CGCentral cough).
  • Steve Flowers · 5 months ago
    A counter to Scott's article 'calling BS on social media':
    http://radar.oreilly.com/2009/07/in-defense-of-...

    Both posing great arguments.
  • CG Lawyer · 5 months ago
    With respect to the potential liability of the CG for not responding to someone's "tweet" for help, 4 words control: discretionary function of government.

    That's short hand for the CG cannot be successfully sued for failing to initiate a SAR case. The discretionary function doctrine is a well established defense theory under the Suites In Admiralty Act (SAA) and the Federal Tort Claims Act (FTCA) and has been succeffully asserted in by the USCG in litigation in the past (see Azille v. U.S. from the U.S. District Court for the Virgin Islands in 2008 and Lewis v. U.S. from the U.S. District Court for the Middle District of Florida in 2002 - linke here: http://www.nicollblack.com/pdfs/casedoc-14.pdf)

    No disclaimer on CG FB or Twitter sites is necessary IMHO.

    But IAW w/ CG Social Media policy, a disclaimer is necessary for this post.

    Please note that this post does NOT constitute legal advice NOR does it represent the views or opinions of the U.S. Coast Guard.

    BT
    NNNN
  • Anonymouse · 5 months ago
    While the CG might not now be liable under the SAA or FTCA, all it takes is one bad fact pattern and an annoyed Congresscritter to make a change in the law. For example, if a senior Hill staffer or MoC loses a loved one at sea because the CG ignored their Twitter message, don't think for a minute that there won't be payback.

    As others have noted, we live in a world where change is constant and can produce unexpected results. For the CG to actively maintain Twitter and Facebook accounts and not use them to make decisions like launching a SAR response is, IMHO, playing with fire. The CG might be currently immune from suit, but how will the Coast Guard's failure be judged in the Court of Public Opinion?
  • CG Lawyer · 5 months ago
    A-Mouse,

    You overstimate the power of one annoyed "Congresscritter". The legislative process requires co-sponsors to legislation, comittee hearings and a majority of the vote in BOTH houses of Congress and then a signature by the President before legislation becomes law. If it were as easy as annoying just one MoC, the CG would've long since been inundated with multiple new mandates just over Deepwater alone. That's not to say that Congress has not responded to issues with the Deepwater project, but consider how long it has taken them and how much or how little Congress is actually doing?

    Then we must also consider the rule of unintended consequences. Hypothetically, if Congress were to undue the protection of the discretionary function doctrine by legislating it away, they would unwittingly be opening up the whole of the Executive branch to various and multiple lawsuits that could be much more likely to succeed and thus cost the govt a lot more money than what is spent now in defending suits filed under the FTCA and SAA. In the grand scheme of things, I don't think that would be a desirable result and I would bet that after some careful consideration, any miffed MoC might reconsider such a drastic change in the state of the law as it relates to a recognized defense under the FTCA and SAA.

    You raise a good point about the "court of public opinion". Maybe that's the more powerful impetus to spur a legislative change? But it would undoubtedly require a tragic situation with lots of media coverage to cause Congress to act. But recall the S/V Morning Dew tragedy in 1997. The CG publicly received a huge black eye over that incident. However, to my recollection, Congress did not pass any laws that were specifically intended to either penalize the CG for it's percieved failures or to assist the CG in obtaining the resources to prevent a future similar occurence. However, the widow/mother of the victims in that case did prevail in her federal lawsuit against the U.S.A and I believe after the court's decision, a settlement was reached.

    So then maybe a disclaimer on the CG's FB and Twitter site would be a good thing? But only to provide the CG a defense in the "court of public opinion".
  • anonymouse · 5 months ago
    Wow, I didn't realize it was so hard to pass a law. ;-) Had it not been for you, I would have never known. ;-)

    I know very well how difficult it is to pass legislation, as it is part of my job. I also know that proposed changes to the laws governing "spoofing" occurred because a certain chief of staff to a certain member of congress had his home phone number spoofed.

    You are correct about the impact such a change to the SAA or FTCA would have. However, if enough people die because the CG doesn't act on a Twitter "rescue me" message, who knows what Congress might do. Given the manner in which they are printing money to "save" the economy, what's that harm of a few lawsuits?

    The CG could end the problem either by not maintaining official twitter or facebook sites, or officially incorporating them into the RCC. Sitting on the fence is no solution.
  • mrjacksonthomas · 5 months ago
    It's dumb. To many people falsely making claims...someone having fun "I fell in the water", someone else twittering that their love life is "dead in the water".

    No, it's not a good idea at all. Now is allowing facebook access. I don't know how many Coast Guardsmen have put up on their "status"

    "Just left Key West, enroute to Florida Straits patrol. Just interdicted 3 drug runners from Colombia and migrant smugglers"....bad idea, and unfortunately not one I made up.
  • Nicky · 5 months ago
    Just imagine then how long will it take to get a toilet onto a ship. I think about 3 senate hearings and decades of research.