Fallout from Sony Hackers; Children Talk About Race In America
CABRERA: A new threat from the Sony hackers. And this comes in an email released this morning. The e-mail was titled, "Merry Christmas," and the hackers say, quote, "We are preparing for you a Christmas gift. The gift will be larger quantities of data and it will be more interesting. The gift will surely give you much more pleasure and put Sony Pictures into the worst state." Now a promise of more to come after recently released emails proved devastating to the company. In one hacked e-mail a Sony exec called Angelina Jolie "a spoiled brat." Let's bring in our legal guests now. Carrie Hackett is a criminal defense attorney; also with us, Esther Panitch, a criminal and civil trial attorney. Carrie, I want to start with you. Let's talk about the legal implications of this hack. Talking about some of the company's secrets, movie scripts that are all supposed to be secret revealed. What types of legal trouble are we talking about, copyright issues maybe?</s>CARRIE HACKETT, CRIMINAL DEFENSE ATTORNEY: Well, I certainly think it's theft. I think that there has been some speculation that it could be defamation or there could be a libel claim. But some of the things that were leaked were putting these executives in a light that is not exactly favorable to them. But along those lines I don't think it's defamation. I don't think it's libel because all of these things that are said are the truth. So I think that the only issue is the theft of the actual material.</s>CABRERA: What about you, Esther? When you talk about Angelina Jolie being called a spoiled brat and minimally talented, even goes on to talk about how big of an ego that she has. Do the actors or actresses have any legal recourse possibly for their own reputation?</s>ESTHER PANITCH, CRIMINAL TRIAL ATTORNEY: Well, if we define what defamation is, it's -- libel is the untrue publication of something that is designed or does harm someone's reputation. In this case, being called a spoiled brat really doesn't harm your reputation on top of which these are public figures. These are actors and actresses who put themselves out there. They are subject to a much stricter legal standard. The actions have to be malicious, they have to be knowingly untrue. A spoiled brat is really an opinion of someone. It's not stated as fact. And if Angelina Jolie cannot handle being called a spoiled brat then she really needs a thicker skin.</s>PANITCH: So no, do I think that there is an actual legal claim that can be brought against Sony by the actors or actresses for defamation? No, probably not.</s>CABRERA: Sony is saying we're the victims here. We were the ones who were hacked. But yet there was a lot of sensitive information that got out beyond the gossipy stuff about name-calling, we're talking about Social Security numbers, health records, things like that that got out. I mean, is Sony at risk here from their employees?</s>PANITCH: If Sony was using what is expected to be or thought to be the most secure systems available, then no. I mean, if people can get hacked, anybody can get hacked. You just have to be as careful as you can be. If they were not using the most sophisticated software to protect their emails, then maybe, but they would have to show some real neglect in order to have some legal liability.</s>HACKETT: I agree. And I also think it's a question of whether their employees and these other figures have a reasonable expectation of privacy with this information. And I think with most of the information that's been leaked, there's no reasonable expectation of privacy.</s>CABRERA: What do you do to protect yourself?</s>PANITCH: Well, I guess we can stop using e-mail and start handwriting everything. Be careful what you write in an e-mail and don't think that if you put the words confidential at the bottom of an email, which lawyers do all the time, that it really means the content is confidential. So you have to be careful. For -- I would be more worried for lawyers who are communicating with clients getting hacked than I am about somebody calling an actress a spoiled brat.</s>CABRERA: And real quick, Carrie, I imagine -- we don't know who did this yet, but the hackers got out of some serious criminal complications or implications here.</s>HACKETT: Certainly. And I think the question is where are they and how do we get to them and how do we prosecute them because if this is truly an international perhaps even crime, the question is jurisdiction and prosecution and who prosecutors them and where. How do we do that?</s>CABRERA: Yes, we'll cross that bridge when we get there, I guess. Thank you so much. Carrie, Esther, good to have both of you here with us. Coming up, he spent time behind bars in Guantanamo Bay.</s>UNIDENTIFIED MALE: I was tied with my hands behind my back to my legs. I was punched and kicked.</s>CABRERA (voice-over): That former Gitmo detainee talked about the torture he experienced and what he saw there -- next. And in this week's "One to Watch," we head to the streets of Chicago to explore the world of street art. It's a subculture once associated with vandalism. But one artist's iconic images have really prompted people to think differently. Take a look.</s>UNIDENTIFIED MALE (voice-over): Shepherd Ferry, the American street artist behind the Obama Hope poster, an image he plastered over the streets of America during the U.S. president's first election campaign.</s>SHEPHERD FERRY, STREET ARTIST: It is a great example, I think, of how grassroots imagery and activism can make a difference.</s>UNIDENTIFIED MALE: Shepard used simple images to make a statement and to build a brand. He's worth an estimated $15 million thanks to his clothing company which features his most iconic images and his prints which sell at auction for upwards of $80,000 and still he takes to the streets to paint.</s>FAIREY: I used to be far too street to be considered mainstream. Now some people consider me too mainstream for the street. But there is validity to both and there are different things about the street and the gallery. But, you know, they're both useful platforms. Democratizing art is what I've been about.</s>UNIDENTIFIED MALE: Today, Shepard is in Chicago scaling the heights of a brick wall with a bold message.</s>FAIREY: What I think it takes to breakthrough as a street artist is a tenacity, a willingness to go out there and put work up and, you know, have it clean, have it covered by other artists and not be too precious about it. To accept that street art is finding good places and making imagery that has a unique look that sets your work apart from other people's work is really important. But tenacity is crucial.</s>ANA CABRERA, CNN GUEST ANCHOR: Tenacity and talent, wow, very impressive. You can watch the entire "Ones To Watch" show at CNN.com/onestowatch. Stay with us.