See on Scoop.it – Social Media Legal & Regulatory Compliance
France’s new data retention law requires online service providers to retain databases of their users’ addresses, real names and passwords, and to supply these to police on demand.
See on boingboing.net
See on Scoop.it – Social Media Legal & Regulatory Compliance
More companies are supporting employee-owned devices as a way to improve worker productivity and overall happiness.
See on www.itsecuritywatch.com
See on Scoop.it – Social Media Legal & Regulatory Compliance
Chat LIVE with fans and friends in the AMC Talk forum while Episode 3, Dr. Sandy and the Swear Jar, airs on AMC this Sunday at 11/10c and 11PM PT.
See on blogs.amctv.com
REGULATORY COMPLIANCE
17a-4 llc Provides Free Social Media Capture Service
Virtual-Strategy Magazine
By using a hosted version of 17a-4’s DataParser for Social Media schools, financial institutions, government agencies and other regulated institutions can now avail themselves of this free option to capture social media public profiles and other web content into their email archive. (PRWEB) July 24, 2012 … Most regulated institutions have archival systems in place to support the monitoring of textual content, the retention of the data, and the facilities to run legal holds and e-Discovery productions.
SOCIAL MEDIA E-DISCOVERY
Personal Injury Attorney Social Media Marketing Program Offered by Social Media
July 22, 2012 – Social media agency Maximize Social Media LLC announced its social media marketing program today for personal injury attorneys, providing needed support to law firms nationwide.
Mid-Year Report: Legal Cases Involving Social Media Rapidly
As part of our ongoing effort to monitor legal developments concerning social media evidence, we again searched online legal databases of state and federal agencies.
HOT TOPICS IN AUSTRALIAN SOCIAL MEDIA & THE LAW
Get a new perspective on social media
Dynamic Business
Join us after work on 1 August at the Vibe Hotel in Sydney’s Milsons Point to hear from super connector Iggy Pintado, Switched On Media’s head of social media Hannah Law, and Amelia Zaina, director of Small Business Services at American Express.
YOUTH LEADERSHIP IN SOCIAL MEDIA
The So-Called Arrogance of Gen Y Social Media Managers
Business Insider
So if she had just toned it down a bit, perhaps suggesting that younger people shouldn’t be ruled out for their youth, or that age and experience are different qualifiers in the context of social media, I might actually agree with her. What I believe, firmly, is that the 25-year-old should not be excluded from leadership.
SOCIAL MEDIA USE BY LAW ENFORCEMENT
LAwS Communications Announces ConnectedCOPS Awards Finalists
PR Web (press release)
Quote start The ConnectedCOPS Awards were created with the intent of recognizing the great work being done with social media in six categories, by individual sworn officers and law enforcement agencies.
Officer’s Facebook post sparks uproar
Detroit Free Press
A 2011 survey of 800 law-enforcement agencies conducted by the International Association of Chiefs of Police found that 88 percent of the agencies used social media, mostly for investigations. Almost half of those agencies have a social media policy.
Role of Social Media in Law Enforcement Significant – LexisNexis
LexisNexis® Risk Solutions today announced the results of a comprehensive survey focused on the impact of social media on law enforcement.
SOCIAL MEDIA AND CYBERSECURITY
Workplace Diversity, Social Media Implications, Cybersecurity
CHICAGO, July 19, 2012 — Ensuring a diverse and inclusive workplace, the implications of social media on law practice and privacy, cybersecurity, and access.
The World Intellectual Property Organization just announced it’s new searchable trademark database. WIPO GOLD is a free public resource which provides a one-stop gateway to WIPO’s global collections of searchable IP data. It aims to facilitate universal access to IP information.
The database is available here: http://www.wipo.int/branddb/en/index.jsp
Newsmakers Q&A | Law slow to address workers’ social-media privacy
Columbus Dispatch
Colorado shooting: Public calls on Christian Bale to swoop in
Los Angeles Times
July 21, 2012, 12:04 p.m.. People are calling upon the caped crusader in the wake of the Colorado theater shooting with the 21st century bat signal: social media.
Afghan social media war steps up with new campaign
Reuters UK
And with the government mulling a media law to tighten its grip over the fledgling but lively Afghan press corps, Nai hoped social media could help safeguard political and social freedoms, as occurred during the wave of uprisings across the Middle East.
A social media win on merger
Philadelphia Inquirer
It’s a bracing lesson, on a local stage, in the power of social media to create community around an issue and ratchet up pressure on key players – in this case, the members of the Abington board and its president and CEO, Laurence Merlis. “It’s amazing to me just how fast word spread,” …. A community-conscious and activist community, with a high concentration of concerned, committed people who work in industries such as law, medicine, public relations, and journalism.
Valley reacts via social media regarding Colorado shooting
KGBT-TV
Once new information began streaming in about the shooting, over 100 viewers began responding to the Action 4 News Facebook page and Twitter feed. As the day progressed, over 500 comments came into valleycentral.com andAction 4 social media
Media Wise Parents to the rescue
Windsor This Week
Media Wise Parents helps parents, educators and churches become more aware with social media and the internet. Tweet · Bookmark and … It’s certainly in my background with law and marketing, it’s always something that interests me.
We Want To Hear From You: Take This Two-Minute Social Media Survey
Business Insider
This Is The Gun Used In The Colorado Shooting That Everyone Can’t Believe Is Actually Legal
In Focus: Social Media & Law Enforcement
Busted! Police Turn to Social Media to Fight Crime
CNBC.com (blog)
Law enforcement is taking to social media because criminals are changing their behavior and using social media to facilitate crime. In response, law enforcement officials are using it to track down criminals and as a predictive policing tool, said Haywood.
Role of Social Media in Law Enforcement Significant and Growing
Business Wire (press release)
WASHINGTON–(BUSINESS WIRE)–LexisNexis® Risk Solutions today announced the results of a comprehensive survey focused on the impact of social media on law enforcement in criminal investigations.
Police Make Wide Use Of Social Tools
InformationWeek (blog)
The survey, of more than 1200 law enforcement professionals with federal, state, and local agencies, found that 83% of the respondents are using social media, particularly Facebook and YouTube, to further their investigations.
Crime Busters Embrace Social Media
BusinessNewsDaily
It’s not just prospective customers, partners or employers who may be scanning the social media landscape to glean information about you and your organization. The long arm of the law has joined the party as well, a new survey shows.
How Law Enforcement Is Using Social Media (Infographic)
Law enforcement officials are using social media to solve crimes and will continue to do so in greater numbers. In an online survey conducted by LexisNexis Risk Solutions, four out of five law enforcement officials used social media.
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
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
In Basile Baumann Prost Cole & Assocs., Inc. v. BBP & Assocs. LLC, the court examined the elasticity of the goodwill concept, which can extend to include brand, firm, and even that associated with individual members.
“Goodwill is “the total of all the imponderable qualities that attract customers to [a] business.” “There may be business or professional goodwill, or both combined in one enterprise.” Professional, or personal goodwill, “is good will that is based on the personal attributes of the individual such as personal skill, training, or reputation.” In Maryland, the concept of personal goodwill most often arises in cases involving the distribution of property in divorce, or covenants not to compete.”
“If … consumer satisfaction and preference is labeled ‘good will,’ then a trademark is the symbol by which the world can identify that good will.” “A sale of a business and of its good will carries with it the sale of the trademark used in connection with the business, although not expressly mentioned in the instrument of sale.”
Since goodwill is elastic – and divisible – attorneys in mergers, acquisitions and divestitures would do well to consult with a trademark lawyer to identify issues related to trademark (goodwill) ownership and transfer.
Trying to beat the heat? Peruse these top Privacy stories from around the web.
The Internet needs its own ‘declaration of independence’
Christian Science Monitor
A new ‘Declaration of Internet Freedom’ should spark a much-needed discussion about online rights and privacy.
Homeowners Bill of Rights passes in California
Examiner.com
According to Assembly Speaker John Perez (D-Los Angeles), the key provisions of the Homeowners Bill of Rights legislation include: “a requirement that a person or team of persons employed by a lender to be a single point of contact for the homeowner.
Facebook Joins California Mobile App Privacy Program
InformationWeek
California launched its mobile app privacy program in February 2012, just one day before the White House announced its proposed Consumer Privacy Bill of Rights. From the outset, the state announced that the six companies with the biggest mobile app …
How California’s New Homeowners’ Bill Of Rights Protects Against Wrongful Foreclosures.
ThinkProgress
The “Homeowners’ Bill of Rights,” pushed by state Attorney General Kamala Harris (D), aims to extend to the state level many of the protections ensured by the mortgage fraud settlement between six big banks and the federal government and states.
Descendants of the signers to read the Declaration of Independence on July 4
American Civil Liberties Union News and Information (blog)
“My professional career has been dedicated to advancing people’s rights and liberties as outlined in the Declaration and in the Constitution and its Bill of Rights,” said Murphy, the Director of the American Civil Liberties Union’s Washington …
Independence Day: Ghosts of SCOTUS on the fundamental right to privacy
Network World
While the Constitution may not specifically state the right to privacy, the Bill of Rights most assuredly protects aspects of privacy. In 1965, the Supreme Court ruled 7-2 on the landmark case, Griswold v. Connecticut, and the Justices referenced the …
Cash-Strapped Consumer And Privacy Groups Petition Commerce Dept For Better Participation.
techPresident
That’s the department that’s organizing the workshops that are meant to convene all U.S. stakeholders to develop a code of conduct to implement the administration’s Privacy Bill of Rights. The first workshop is taking place inside the Beltway on July …
Why Kansas City is getting Internet 100 times faster than everyone else
Alaska Dispatch
Yesterday, an impressive coalition of companies and Internet and human rights activists endorsed a Declaration of Internet Freedom that aims to start a discussion about the basic principles that should underlie online access. Among the 20000 groups or …
Celebrate your independence: You have rights as a taxpayer
Savannah Morning News
Years after the War the Bill of Rights was drafted and 10 amendments were added to our Constitution. … Privacy and confidentiality: The IRS may not discuss any of the facts and information given to them with anyone except in accordance with the law.
Do you have information or data privacy and security concerns? Contact David Adler at Leavens, Strand, Glover & Adler for a free consultation.
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:
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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
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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
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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.
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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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