World Social Media Legal

Gartner Predicts Huge Rise in Monitoring of Employees’ Social Media Use
PCWorld

New technologies and services are enabling the growth in employee monitoring, but companies will need to closely manage their monitoring efforts for ethical and legal issues, Andrew Walls, research vice president at Gartner, wrote in the report.

The Legal Ambiguities of Social Media
Human Resource Executive Online

Employers continue to look for guidance on issues related to the evolving use of social media by employees. Creating an appropriate policy remains difficult, but the authors offer some expert advice that may help.

Social Media Changing the Face of Criminal Justice
HispanicBusiness.com

The Virginia State Bar tracks ethical issues concerning how attorneys communicate by and glean evidence from social media, said James McCauley, ethics counsel for the state bar.

DISH® Announces Topic for 2012 “Best in Class” eDiscovery Legal Research
Sacramento Bee

This year, law students will be challenged to address the question of “Under what standard should a court subject an employee’s non-business personal computing activities (eg, social media, documents stored on a personal computer, and/or personal email)?

The Case for Facebook
The Atlantic

Consider this a skeptic’s guide to the bull case for the social network. Facebook just had modern history’s worst IPO and it’s down again today by some percentage that will be quoted endlessly. Yet Facebook is still the world’s largest social media platform.
The Atlantic

Religious freedom issues at heart of HHS lawsuits, legal scholars say
Catholic News Service

(CNS) — The mass media have done the public a disservice by consistently referring to health reform law regulations so narrowly as the “contraceptive mandate,” because it leads people to think the regulations are a matter of interest only to Catholics.

Firms expected to cyberstalk for security
ZDNet Australia

The research and advisory organisation recently published a report into conducting digital surveillance ethically and legally, and found that 60 per cent of corporations will be monitoring social media channels for security breaches and incidents.

Most Corporations Will Spy On Employees By 2015: Research
TechWeekEurope UK

The majority of corporations are expected to monitor their employees’ social media interaction by 2015, suggests research by Gartner, published today. This practice could be increasingly adopted to prevent security breaches and incidents.

Russia’s VKontakte delays IPO after Facebook debacle
Reuters

By John Bowker | MOSCOW (Reuters) – Russian social network VKontakte says it won’t risk going ahead with its planned initial public offering fearing a repeat of the botched Facebook float which left US regulators red-faced.

Got a story? A Question? Please comment. Please follow me on Twitter here: @adlerlaw

Social Media Legal News Highlights

CeBit 2012: Social media a legal minefield
Computerworld Australia

Government agencies looking to make greater use of social media and other collaboration tools face a raft of legal issues with the potential to sink efforts to better connect government and the public.

Unfiltered Orange | Weekly eDiscovery News Update – May 23, 2012
JD Supra

File-Sync-and-Share for Enterprises -bit.ly/KrIZmE
Should Active Directory Upgrade be Required in Exchange 15? bit.ly/Mkk4I9
Social Media Legal Best Practices: Problems and Solutions with Photo Uploading and Tagging …

The ‘7 Dirty Words’ Turn 40, but They’re Still Dirty
The Atlantic

They still resonates today, maintaining a perfect five-star rating among iTunes customers.
“I always thought it was a wrong-headed decision, one that really made hash of the First Amendment with respect to the broadcast media,” says Floyd Abrams, one of the foremost legal authorities on the First Amendment.

#Fashionlaw USA Network in Partnership With MR PORTER.COM Brings to Life the Stylish World
Sacramento Bee

USA Network will additionally support the partnership via on-air, online, VOD, paid media (including a special insert in the July issue of Vanity Fair) and in-show integration and messaging. All will compliment USA’s massive multi-pronged marketing.

Regional bloggers on both sides of political fence say robust online debate is not uncivil.
Grand Forks Herald

“People are creating a media (with blogs and other social media) they’re not getting from traditional media,” Nodland said. “Maybe it’s a little crude, hard-hitting … and traditional media fear it.”

DocStoc Launches 30 Free Apps to Help Small Business Owners Grow Their Businesses
San Francisco Chronicle (press release)

App highlights: http://www.docstoc.com/apps/ Social Media for Business: This app will explain how can you leverage social media to get an edge. How to Get a Job Interview: This app is a complete blueprint for landing your dream job.

Internet Privacy Legal News Update

Facebook IPO: Why Your Data Is Worth $93 Billion
PCWorld

(See “Protect Our Data! A Digital Consumer Bill of Rights” and “A Bill of Rights for Facebook Users” for related discussion.) The temptation to exploit user data in ways that erode privacy will always be present. Just by joining Facebook, …

Twitter Joins Google, Apple, Microsoft, Others in ‘Do Not Track Effort’
eWeek

In addition, in February the White House proposed a “bill of rights” to protect consumer privacy online, including an easy way for users to tell Internet companies with one click whether they want their online activity to be tracked.

Twitter Allows ‘Do Not Track’ Privacy Feature
CMSWire

Howard A. Schmidt is returning to the private life, but the White House is still pushing for some kind of legislation in the Consumer Prvacy Bill of Rights fashion. While the Cyber Intelligence Sharing and Protection Act passed the House of …

EPIC Supports Geolocation Privacy Act, Suggests Improvement
JD Supra (press release)

Your decision to hold this hearing will help protect important privacy rights. The Electronic Privacy Information Center (“EPIC”) is a non-partisan public interest research organization established in 1994 to focus public attention on emerging privacy …
See all stories on this topic »

Social Media Policies for Fashion Companies and Clothing Labels

In fashion, innovation never goes out of style. Therefore, it is no surprise that fashion houses and clothing brandsmarket across many different

Fashion (film)
Fashion (film) (Photo credit: Wikipedia)

social media platforms. It is axiomatic that fashion marketing requires a deep understanding of the target audience, regardless of whether that knowledge comes from online or offline interaction. Social media provides a forum for a more authentic, transparent and personal engagement with the customer, but also highlights whether a brand has judged (or misjudged) its customer base.

To be successful in social media, brands need to harness the personality, wit, charm and, in all likelihood, free time of their staff. In order to ensure positive, informative and engaging social interaction, a fashion brand’s social media rules must be smart, positive and inclusive. Here are some guidelines for drafting a social media policy that will bring out the best in your brand, your employees (brand ambassadors) and your customers.

Rather than writing out a lengthy, legal boilerplate script, keep these considerations in mind when drafting your policy:

  • Philosophy. Begin with a discussion of how social media fits into an employee’s job expectations and performance. For example, guidelines are important, because if not followed “bad things” can happen, such as losing customers or vendors, the company could get into legal trouble, or worse, you could lose your job.
  • Behavioral Expectations. This is a good place to remind employees that even though it’s a big world, you are often in a small community and, on the Internet, it’s forever. What a person says can be seen by customers and employees all over the world.  Remind employees to stick to their areas of expertise and use respectful conduct. Other watch words include “timeliness” (posts should be fresh, current and relevant), “perspective” (something that may sound clever and racy to one person may be inaccurate or offensive to another), “transparency” (be the first to point out that you are an employee and make it clear that you are not a company spokesperson) and  “judiciousness” (use caution when discussing things where emotional topics like politics and religion and show respect for others’ opinions).
  • Channel expectations. If your company has a social media strategy, make sure employees know which sites (communication channels) are appropriate for which types of communications and marketing messages.
  • Contextual Expectations. Help employees understand the context within which they are engaging customers. Suggest using a conversational style. Remember that in customer’s eyes, “perception is reality.” Add value: Make sure your posts really add to the conversation. If they promote the company’s goals and values, supports the customers, improves or helps to sell products, or helps to do jobs better, then you are adding value.
  • Content Expectations. The policy must have clear and conspicuous language about what is considered company proprietary information, including current projects, trademarks, names, logos  and how they may be used. Never: (i)  discuss or post about financial information, sales trends, strategies, forecasts, legal issues and future promotional activities; (ii) post confidential or non-public information about the company; (iii) give out personal information about customers or employees; or (iv)  respond to an offensive or negative post by a customer.
  • Consequences. Lastly, be upfront about the very real consequences if mistakes are made. If a mistake occurs, correct it immediately and be clear about what’s been done to fix it. Contact the social media team if there’s a lesson to be learned.

Privacy Alert: Privacy Legal News Roundup

State Worker Notebook: Privacy a concern for some employees
Statesman Journal

The idea of context-specific privacy is gaining a lot of cachet, so much so that the Obama administration features it as a major aspect of a proposed new Consumer Privacy Bill of Rights. “Consumers have a right to expect that companies will collect, store and use personal information in a manner consistent with the context within which it’s collected.

Third annual Privacy Identity Innovation conference opens today in Seattle
Virtual-Strategy Magazine

The White House recently recommended a Consumer Privacy Bill of Rights, and the European Union is days away from requiring companies to get consent from website visitors before storing advertising cookies on their devices.

San Francisco Tackles the Issue of Unlawful Government Surveillance
Highbrow Magazine
by Elliot Owen

San Francisco civil rights advocates who are concerned about what they call domestic spying on the city’s Arab, Middle Eastern, Muslim and South Asian (AMEMSA) communities are celebrating new legislation signed into law on May 9.

US Senator Takes Wrong Turn on DOJ’s GPS Tracking Requests
eWeek

US Senator Al Franken’s letter to US Attorney General Eric Holder regarding the US Justice Department requests for GPS location data from phone companies appears to be based on a flawed understanding of the law.

Failure of credit-reporting agencies to fix mistakes afflicts thousands
Toledo Blade

They can look like harmless errors: A misspelled name. A transposed number. A paid debt listed as past due. Mistakes on credit reports can inflict widespread damage. And because there are insufficient rules on how credit-reporting agencies must correct them, Americans are left virtually powerless to erase the mistakes.

Social Media Legal Issues: Trade Secrets & Social Media Accounts

Is it “misappropriation of a trade secrets” to contact each person who follows an ex-employer’s Social Media profile for purposes of promoting a competing business?

Early in my law school career, one phrase stuck with me right away: “tough cases make bad law.” This, of course, begs the question, what makes a “tough” case. Usually it’s a unique fact pattern that has limited applicability to a broader spectrum of cases. In the nascent and growing area of Social Media law, there is no shortage of quirky cases.

My hat is off to Eric Goldman who recently blogged about a social media case that is “tough” because of the way that the lawyers framed the issue. On its face, the case of Christou v. Betaport is an unfair competition case between a night club owner and one of his former partners. The case, being tried in a federal court in Denver, Colorado, involves  trade secret theft and antitrust allegations and alleged misuse of MySpace “friends.” Essentially, the complaint alleges that Roulier, a principle of Beatport and former associate of Christou, used a MySpace account to promote his club at the expense of Christou.

Goldman gets to the heart of why this case is tough: “the plaintiffs allege that they “secured the profiles through web profile login and passwords.” This is a garbled allegation.” Put another way, the lawyers whose job it is to supply the facts that frame the issues, probably meant to say something else. According to Goldman the plaintiffs probably meant that the defendants accessed an account impermissibly and in so doing accessed information they did not have a right to access. In terms of a claim for trade secret misappropriation, the harm came when defendants used that information.

I like Goldman’s article because he takes the time to break down both the confused framing of the issue, but also the court’s apparent confusion with how to address it. It’s a short article and definitely worth the few minutes it takes to read.

From my perspective the key take-away is a perspective on the trade secret implications of Social Media accounts. Business and their lawyers are constantly trying to evaluate the legal risks of Social Media and provide guidance on how best to mitigate those risks.

Protecting a Social Media account as a trade secret seems a tricky proposition. Ostensibly, the primary “value” of an account is the list of “followers.” A list that is publicly available is, therefore, not a secret. A better approach is to treat the login credentials themselves as the trade secret since this control’s ones ability to access the account and to communicate with those followers.

Please feel free to comment and follow me here: @adlerlaw

Social Media World Legal News Roundup

The Government Would Like You to Write a ‘Social Media Will’
The Atlantic

This person will be responsible for closing your email addresses, social media profiles, and blogs after you are deceased. Sounds good, but legally it’s tricky territory.

Rights Groups: Asian Media Freedoms Under Fire
Voice of America

SEAPA says the key trend is that governments are shifting focus from traditional broadcast and print media to social media and online news. SEAPA Executive Director Gayathry Venkiteswaran said online news sites have become the most frequent target.

Liberia: Will Social Media Increase Civic Engagement?
Global Voices Online

CT: The growing usage of the internet and social media in Liberia is certainly a progressive trend. Having worked in Liberia, can you briefly tell us how the internet and social media are viewed by the cross sections of the Liberia population?

Global Voices Online MyCorporation Introduces New Social Media Product
Sacramento Bee

By MyCorporation CALABASAS, Calif., May 3, 2012 — /PRNewswire/ — Calabasas-based company MyCorporation is releasing a new social media product to benefit small businesses, MyCorpSocial.

Students’ racist tweets about Boston hockey game put schools in a bind
msnbc.com (blog)

Hordes of angry hockey fans – presumably Boston Bruins fans — unleashed a barrage of racist rants on Twitter and other social-networking sites after the Washington Capitals beat the defending champion Bruins a week ago Wednesday on an overtime goal.

Keep it private – your Facebook password should not be shared: Commissioner …
Canada NewsWire (press release)

Some of the issues covered in depth in the paper include: Build up a positive online social media profile. “It is absolutely crucial to remember that anything you post online may stay there forever, in one form or another, so think carefully.

Canadians encouraged to plan for online estates
CBC.ca
(CBC)

Canadian consumers are being encouraged to consider their online property, including social media accounts, when planning a will. A new report released earlier this week by the BMO Retirement Institute raises concerns.

SNOPA
Continued concern about employers asking applicants and employees for their passwords to social media sites has led to the introduction of a federal bill.

Social Media World Legal News Roundup

The legal and regulatory environment impacting social media is constantly evolving. Here is a collection of recent articles impacting everything from law enforcement use of social media to new legislation.

A social media tip line for police
Boston.com
“Use of social media has provided an additional outlet for people to interact with law enforcement” says Lauri Stevens – founder of LAwS Communications, a consulting company that helps law enforcement agencies expand into social media.

Social media limits and the law
Monterey County Herald
Leland Yee, a San Francisco Democrat, introduced a bill that would prohibit employers, public or private, from requiring or requesting in writing a prospective employee to disclose user names or passwords for personal social media accounts.

Ariz. bill says unlawful to ‘annoy’ others online
BusinessWeek
“Speaking to annoy or offend is not a crime,” Media Coalition Executive Director David Horowitz said. Horowitz said if the proposal becomes law, speech done in satire, political debate or even sports trash talking could get people in unnecessary legal trouble.

Social Media in China, Innovation
Washington Post
Apr. 2, 2012 – April 2 (Bloomberg) — Vivek Wadhwa, fellow at Stanford Law School and head of academics at Singularity University, talks about social media in China and innovation.

UAE legal experts want libel to apply to social networking sites
GMA News
Claiming that Facebook, Twitter and other social networking sites can be used to spread rumors and false information, the legal community in the United Arab Emirates (UAE) is seeking that libel laws be applied to offenders on the Internet.

Is Your Facebook Password Like Your Mail, House Key, or Drug Test?
The Atlantic
A day after it was proposed, the amendment was voted down — almost entirely along party lines — thus closing one door to social media privacy legislation, at least on the national level. (There are similar social media privacy laws — full bills, …

Sponsor: Arizona bill isn’t aimed at Internet trolls
CNN
The fear is that the bill would prohibit hateful comments on news and social-media sites, amounting to a ban on so-called Internet trolling. The problem: The bill won’t do any of that, its sponsor told CNN on Wednesday. “I think they’re absolutely …

How Family Law Attorneys Use Social Media Evidence [Infographic]
PR Web (press release)
Family Law Attorneys Dishon & Block formally released today an infographic that illustrates how attorneys use social media to collect “smoking gun” evidence for divorce and child custody cases. With the advancement in technology and modernizing of laws …
See all stories on this topic »
PR Web (press release)

David M. Adler Speaking on Social Media Legal Issues for Marketers at CONVERGE Spring Symposium 2012

Icon of Law Firm--owned by user.
Icon of Law Firm--owned by user. (Photo credit: Wikipedia)

Attorney David M. Adler will be speaking as part of a legal panel on “legal landmines”, e.g. legal risks and regulatory compliance, in social and mobile marketing as part of the CONVERGE Spring Symposium 2012 taking place in Silicon Valley, May 1-2, 2012.

Topics to be addressed include best practices for direct, digital and mobile marketing including advising on permission-based marketing, emerging technologies, the use of various social media platforms, as well as data security and privacy issues related to electronic and mobile commerce.

New FTC guidelines in the areas of advertising any marketing, as well as consumer privacy and security, have raised awareness of these issues for brands, marketing firms and service providers.

David M. Adler, Esq. is an attorney, author, educator, entrepreneur and nationally-recognized speaker in the fields of intellectual property, media & entertainment and technology law with a multidisciplinary practice focused on counseling businesses across the interrelated areas of Intellectual Property Law, Media & Entertainment, Information Technology and Corporate Law. David provides legal counsel on trademark and copyright clearance, registration and enforcement, digital and new media licensing, production, finance, regulations, Social Media, litigation and corporate-commercial transactions.

David has an extensive private-practice and in-house background counseling clients on marketing, advertising and content deals, lead-generation agreements, referral agreements, advertising-supported revenue deals, product placement, affiliate marketing/group-couponing platforms, CAN-SPAM compliance, digital rights management for video, music, and games. We work with many of the leading studios, labels, social networking sites, and online music companies. He also specializes in advising artistic talent and creative professionals in the arts, entertainment, media and sports industries.

Privacy News Trends Now

White House: Put teeth into online privacy Bill of Rights

GCN.com

By William Jackson

A White House official says that the administration will call on Congress to pass legislation to put the force of law behind a proposed Consumer Privacy Bill of Rights. The administration unveiled the principles in February.

The dangerous nexus of privacy, liberty and government

Atlanta Journal Constitution (blog)

In the long run, will changing expectations of privacy in an electronic world begun to undermine the constitutional protections granted to all Americans in the Bill of Rights?

Consumer Watchdog Calls on Commerce Department to Offer Privacy Legislation

Sacramento Bee

The test of commitment is to translate high-minded principles like the Consumer Privacy Bill of Rights into real legislative language.” The White House issued its privacy proposal, Consumer Data Privacy in a Networked World.

This Is Your Brain on the Department of Defense

Mother Jones

“Some have argued that we’ll need something new—that the existing Bill of Rights doesn’t protect mental privacy adequately enough in the face of these emerging technologies.”

White House Official: Privacy Legislation Would Protect Businesses, Consumers

National Journal

The White House and the Federal Trade Commission, for example, have both released proposals that call for Congress to enact new legislation outlining consumer privacy rights.

FTC Seeks Law to Expose Data Broker Holdings

Business 2 Community

It did get a bit of spotlight, but when President Obama recently proposed a “Consumer Privacy Bill of Rights”, as not just Americans, but consumers and consistent users of technology, we definitely should’ve taken greater notice.

About that SCOTUS strip search ruling

Hot Air

Well, he’s certainly quoted the Bill of Rights accurately, as we should expect. But sometimes I think things can be oversimplified. This is a complex question, but I think Joyner’s argument may come up short both on the particulars of the Florence case.

Do Not Track Supported By Yahoo Web Analytics

WebProNews

Also last week, the Federal Trade Commission issued its final report for how companies should handle consumer privacy, which includes the aforementioned Do Not Track feature. This had previously been mentioned in the Consumer Privacy Bill of Rights.

FTC Seeking Law to Reveal Data Broker Holdings

Caribbean Media Vision

This call for legislation comes a month after the Obama administration outlined their “Consumer Privacy Bill of Rights” a document that details a high expectation of transparency on the part of corporations and their data mining efforts.

US Supreme Court sanctions strip searches even for minor infractions

World Socialist Web Site

by the so-called “swing” member of the court, Justice Anthony Kennedy, and joined by the four-member right-wing bloc, is the latest in a series of reactionary rulings broadening the police powers of the state and trampling on the Bill of Rights.