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

Privacy Legal News Roundup

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.

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.

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.

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)

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

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 »

GPS, Location Data & Privacy Legal News Roundup

Congress Advances Bill To Protect Cell Phone Users’ Privacy
Forbes

The Supreme Court showed unanimity in its discomfort with electronically tracking people without a warrant in its GPS tracking decision in January. But as conveyed by the justices’ written opinions, the splintered reasoning behind rebuking the practice of placing a geo-tracking device on someone’s car without a warrant laid bare the disconnect between how far our technology has come and the outdated privacy protection laws that are struggling to keep pace.

Location Bill Would Slow Down Investigations, Officials Say
PC Magazine

At issue is the Geolocation Privacy and Surveillance (GPS) Act. Different jurisdictions have issued conflicting rulings about how to handle location-based data.

Police Efforts to Ban Citizen Taping Beaten Back by Obama’s DOJ
DailyTech

Cell phone data grabbing, GPS tracking, “national security letters”. Law enforcement argues that accountability via taping violates officers rights to privacy. ACLU disagrees.

Cops, ACLU clash over GOP bill tracking mobile phones
The Hill

The Geolocation Privacy and Surveillance Act, sponsored by Reps. … if a grand jury prosecutor could subpoena historical GPS data in an investigation, …

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.

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.