Category: Social Media

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Social Media Legal News Roundup

Into the data jungle – in association with Huron Legal
The Lawyer
Technological developments such as cloud computing, social networking and mobile apps mean EU law is no longer fit for purpose. The EU claims current laws often conflict and cost businesses a total of nearly £2bn a year.

Saudi Arabia considers law against insulting Islam
Bangladesh News 24 hours
JEDDAH, Saudi Arabia, July 16 (bdnews24.com/Reuters) – Saudi Arabia is studying new regulations to criminalise insulting Islam, including in social media, and the law could carry heavy penalties, a Saudi paper said on Sunday.

Mind the missteps in online job dance
Lawyers Weekly
With some background check firms specializing in social media searches (U.S.-based Social Intelligence Corp. for one), how do third-party recruiters use social media when screening or finding clients for law firms in Canada?

Saudi Arabia looking to criminalize Islam insults on social media
Bikya Masr
DUBAI: The Saudi Arabia government is looking to ensure users on social media networking sites do not insult Islam or the Prophet Mohamed, al-Watan newspaper reported on Sunday, citing officials who said a new law could bring “heavy” penalties.

Watching the detectives: the case for restricting access to your social media data
Delimiter
That debate tells us something about how Australians and the media conceptualise privacy and business-government relationships in a world where mobile phones and social network services such as Facebook are ubiquitous.

10 Tactics for Integrating Photographs into Content Marketing
Business 2 Community
Acquire digital rights for images. Remember when using images, especially photographs, your legal team is your best friend. Ensure that you’ve got the right to use the photos by incorporating outtakes and additional shots for social media.

Syracuse Neighborhood Watch plans to increase social media outreach
CNYcentral.com
New program coordinator plans more email, social media contact. … CNY Biz Central – Legal. Helpful advice about finding the right attorney for your legal needs. CNY Biz Central. Get information from our team.

Reasonable Expectations of Privacy in the Digital Age
Mondaq News Alerts (registration)
In this digital age of smart phones, global positioning systems, cloud computing, and social networking, determining what constitutes private information and what lengths our legal system will go to protect it is increasingly challenging.

Sale Of Digg Reminder Of Potential Risks To Facebook And Other Social Media …
Seeking Alpha
In 2011, social media watchers may recall reading in Bloomberg that Myspace, which had been purchased by News Corporation (NWS) for $580 million in 2005 had reportedly been sold for just $35 million to private investors, including Justin Timberlake. In …

Your Social Media Tweeting & Posting Legal Rights. TV … – YouTube
Find out how legally liable you are for your Twitter Tweets and Facebook postings.

Learn more about me here: www.ecommerceattorney.com and follow me here

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Managing Compliance Obligations For Electronic Communications

Financial Services is one of the most heavily regulated industries. As electronic communications devices and platforms proliferate, message retention and oversight is a top priority for many compliance officers. A recent survey of compliance professionals in the financial services industry identified the following key issues:

    Firms are working smarter, not harder to manage the growing compliance burden.

As the types of messages that Financial services firms are required to monitor and store continue to increase, firms are re-evaluating and updating supervision and retention procedures. Key areas of compliance concerns are

    New regulations
    New communications channels (e.g. social media, text messaging)
    New communications devices (e.g. smartphones and tablets)
    Increased scrutiny/enforcement by regulators
    Inefficiencies of the supervision process
    Mobile devices and communications are emerging as a top concern.

Like many other industries, Financial Services firms are facing the “Bring Your Own Device” (BYOD) challenge: growing use of smartphones and tablets as well as adoption of mobile-specific communications like text messaging. This presents a challenge to conventional compliance practices which has not gone unnoticed by regulators. Last year, FINRA issued Regulatory Notice 11-39, stating that firms are required to retain, retrieve and supervise business communications regardless of whether they are conducted from a work-issued device or a personal device. This presents a challenge to companies that must separate business and personal communications in order to ensure regulatory compliance.

    Social Media and other online communication channels present new concerns.

Use of Social Media is on the rise in the Financial Services industry. However, policies and procedures for supervision and retention lag behind the pace of adoption. In terms of the most requested message types during examination! Email was first, followed by Website pages (including
RSS feeds, blogs, wikis) with Bloomberg or Reuters messages and instant messages ( tied for third place.

Conclusion

While regulatory examiners are increasing their oversight and moving from a check-the-box approach to compliance to scrutiny of the messages themselves, financial services firms are getting more savvy about their approach to compliance. In addition, as the opportunities for new types and channels of electronic communications increase, so too are the archiving and supervision technologies allowing firms use of these emerging communication tools with a greater sense of security.

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World Social Media Legal News Roundup

Law professor says social media can pose legal problems in Courtroom
Winnipeg Free Press
SASKATOON – The dean of law at the University of Saskatchewan says using social media can have negative consequences in the Courtroom – Business – Winnipeg Free Press.

Eight Ways Your Employee Social-Media Policy May Violate Federal law
AdAge.com (blog)
All employees have certain rights under federal law that social-media policies can’t restrict.

New Law to Force Identification of Trolls Set to be Unveiled
Technorati
Home / Social Media / Articles / New Law to Force Identification of Troll. … is behind the attacks on them online without having to resort to expensive legal action.

A blue wave of change Cleveland County law enforcers join move toward social media alerts
Norman Transcript
Lauri Stevens, a social media strategist at LAwS Communications, a Boston-area company, said law enforcement agencies nationwide are beginning to embrace social media.

Social media helped, hurt in hunt for suspect in triple shooting
Washington Post
Social media at times was a help, other times a hindrance in the search and eventual arrest of a suspect in the triple fatal shooting at an Alabama apartment complex.

Use social media, but use it responsibly, UAE conference hears
gulfnews.com
He said, “We do not monitor social media networks. People have the freedom to speak within the legal framework. There is no law specifically for twitter, but …

Police: Street gangs embrace social media, too
Kansas.com
Beard gave a presentation on gangs, the Internet and social media at last week’s Midwest Law Enforcement Conference on Gangs and Drugs, held in Wichita.

And…don’t forget to check out my presentation on the Law & Social Data panel at #TechWeek Chicago 2012.

The past few years have witnessed an explosion of legal and regulatory activity involving social and other new media. This session will examine several key areas, including copyright, trademark and related intellectual property concerns; defamation, obscenity and related liability; false advertising and marketing restrictions; gaming; data privacy issues presented by social media; and impacts of social media on employees and the workplace. Attendees will learn how to identify legal risks and issues before they become full-scale emergencies and how to develop appropriate policies and guidelines covering social media activity.

If you can’t make it, check out the Slideshare presentation here.

Advertising, Branding, Compliance, Content Development, Creative Content, Design, Entertainment, Entrepreneurs, Facebook, FTC, Infringement, Internet, Legislation, Litigation, Marketing, Media, Mobile, Monetizing Content, Networks, Platforms, Privacy, Regulation, Security, Small Business, Social Media, Technology, Trademarks

Mobile Privacy Standards Coming: U.S. National Telecommunications and Information Agency

Mobile carriers, app developers, and other technology stakeholders will meet with the U.S. National Telecommunications and Information Agency on July 12 to discuss privacy standards for mobile use. The focus of the discussion will be the privacy practices of mobile apps and their transparency.

Applications will be the main focus on July 12 when enforcement begins. The initial series of meetings will decide on rights, obligations and enforcement of online and mobile device security under President Obama’s virtual “Privacy Bill of Rights”.

The U.S. Department of Commerce’s National Communications and Telecommunication Administration (NTIA) has made the decision that it is now time to put the president’s Privacy Bill of Rights into effect. In order to get started, they have sent an invitation to all of the “privacy stakeholders” in order to “generate robust input” in the creation of the very first transparency code of conduct for consumer data collection and use.

The White House and Congress hopes that this discussion will eventually lead to a privacy bill of rights. July’s meeting will be webcast for the public.

Advertising, Compliance, Content Development, Copyright, Creative Content, Design, Entertainment, Entrepreneurs, Facebook, FTC, Infringement, Internet, Legislation, Litigation, Marketing, Media, Mobile, Monetizing Content, Networks, Platforms, Privacy, Production, Regulation, Security, Small Business, Social Media, Technology, Trademarks

Social Media & The Law: Recent Developments in Privacy, Security & Media

Statute Puts Online Libraries and Other Service Providers at Risk
Kansas City infoZine

A New Washington State Law Intends to Make Online Service Providers Criminally Liable For Online Postings. The Electronic Frontier Foundation (EFF) is representing the Internet Archive in order to block the enforcement of SB 6251, a law aimed at combating advertisements for underage sex workers but with vague and overbroad language that is squarely in conflict with federal law.

NLRB General Counsel Issues Further Guidance on Social Media
National Labor Relations Board (“NLRB”) is closely scrutinizing employer social media policies.

Legal issues in the media
Social Media Legal, Regulatory & Compliance: Risks & Issues Social Media Slideshare presentation.

Putting the Consumer Privacy Bill of Rights into Practice
Providing transparency in how consumer data is handled by mobile applications – this is the first topic for the National Telecommunications and Information…

US lawmakers propose digital bill of rights to safeguard privacy …
Two US lawmakers have proposed a digital bill of rights to safeguard consumer privacy rights and ensure internet freedom.

Stakeholders to Discuss Consumer Privacy Bill of Rights
The National Telecommunications and Information Administration (NTIA) will convene stakeholders July 12, 2012 in Washington, DC to develop a privacy code of conduct.

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David M. Adler Speaking on Law & Social Data Panel at Chicago TechWeek 2012

Chicago is a new kind of technology hub, and the Techweek Conference is a new type of technology conference.

The Techweek 2012 Conference showcases the technology renaissance evolving in Chicago and the midwest. June 22-26, 2012

Law & Social Data
The past few years have witnessed an explosion of legal and regulatory activity involving social and other new media. This session will examine several key areas, including copyright, trademark and related intellectual property concerns; defamation, obscenity and related liability; false advertising and marketing restrictions; gaming; data privacy issues presented by social media; and impacts of social media on employees and the workplace. Attendees will learn how to identify legal risks and issues before they become full-scale emergencies and how to develop appropriate policies and guidelines covering social media activity.

Sunday June 24, 2012 3:00pm – 3:45pm @ 3 – 8 A/B (222 Merchandise Mart Plaza, Chicago, IL)

Advertising, Compliance, Content Development, Copyright, Creative Content, Entertainment, Facebook, FTC, Infringement, Internet, Legislation, Litigation, Marketing, Media, Mobile, Networks, Platforms, Privacy, Regulation, Security, Small Business, Social Media, Start-ups, Technology

Social Media & The Law: Weekly Recap June 15, 2012

Here are some of the Social Media Legal headlines from around the world this week.

Pinterest hires Google’s former top lawyer
GMA News

Pinterest remains a hot social media property, registering major growth in recent months. Business Insider said investors just gave it another $50 million at a $1.5-billion valuation, and employees are leaving other Silicon Valley firms to join.

In the Arab World, Social Media Has Fast Developed into a Medium for the Masses
Knowledge@Wharton

A surprising outcome from a recent survey, that social media has an equalizing factor among men and women. They’ve got the same reaction to issues, for instance related to women.

Mobile App Lets You Document and Report Police Stop-and-Frisk Abuse
Mashable

The New York Civil Liberties Union is arming city residents and visitors with an app called Stop and Frisk Watch that records video, audio and GPS data.

FBI Highlights Social Media Risks

BllombergBNA

Last year, some users saw on their Facebook walls enticing posts offering video of Osama bin Laden’s capture. Those that clicked on the link and followed the provided directions ended up giving hackers access to their Facebook accounts; they were victims of a social media scam.

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Socail Media, Search & Mobile Issues Discussed at ISSMM.org’s Converge2012

The Future Of Social Is Moving From Mere Participation To Analysis & Strategic Initiatives

I had the opportunity to attend and participate in Converge 2012 run by the Institute for Social, Search & Mobile Marketing. The theme was mastering the Business of Social Media. The Conference had a great selection of speakers (yours truly included) and topics that really resonated with the audience. I hope to summarize here some of the take-aways I learned at this conference.

Business Is Now Social

The last few years have seen an unprecedented shift in the adoption of social platforms for businesses to reach and interact with customers. What started as a “dipping our toes into the water” excerise has now matured into jumping in with both feet. Not surprisingly, the first few presentations of the conference focused on the effect of so much participation: greater focus on ROI. The presentations covered a lot of ground, but here are the key take aways from Day 1:

  • Businesses that fail to integrate the social channels may not exist in five years
  • Analytics are maturing in terms of both measurement tools and metrics
  • Better analytics are driving innovation by putting companies ahead of emerging issues instead of simply reacting to them
  • Creating a Social Media culture must come from the top and flow down
  • The growth of mobile platforms Is blurring the line between online and in-store experiences because of anywhere/anytime andpersonalized access

Day 1 concluded with the panel presentation in which I participated “Social Media “Venture Heaven” Money is flooding into social media, It’s time to understand why.” Key take-aways from this panel include the followig Data about the growth in Mobile:

  • As of May, 2012, mobile comprises 10% of Internet traffic, up from just 4% less than a year and a half ago
  • Mobile = ~8% of ecommerce
  • Monetization growing rapidly 79% is Apps, 21% is from ads
  • There has been a rapid increase in time spent relative money spent on ads; TV is roughly at parity while Mobile ad spend is about 1/10 of that
  • Drivers of growth in Mobile:
    • Devices
    • Platforms
    • Improved user interfaces
    • Sharing
    • More emphasis on design aestheticS

In a world of ubiquitous fast Internet,  mass blogging and micro-blogging, minute-by-minute status updates and customer complaints and recommendations, businesses need to focus on tailoring their product for their customers desires, rather that merely tolerating customer requests. Whatever device/platform customers use most will get the most attention from developers, accessory makers and potential new customers.

Advertising, Compliance, Content Development, Copyright, Creative Content, Design, Entertainment, Entrepreneurs, Facebook, FTC, Infringement, Internet, Legislation, Litigation, Marketing, Media, Privacy, Production, Regulation, Security, Small Business, Social Media, Start-ups, Technology, Trademarks

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

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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.