World #Tech #Startup News Roundup
May 7, 2013
Canadian Tech Startups More Focused on Revenue than a Big Exit
Techvibes (blog)
According to a PwC report released last week, fewer Canadian tech startups are looking for buyers in order to exit the market, choosing instead to find ways to reach their next growth stage and generate revenue in Canada.
Ben Franklin Technology Partners helps startups arrive.
Lehigh Valley Business
CyOptics, once a startup that received funding and help from Ben Franklin, is just one success story, according to Laura S. Eppler, director of marketing for Ben Franklin Northeastern Pennsylvania.
7 startup lessons from the film industry
Ventureburn
At first glance you might not think there is much in common between the film industry and tech startups. I’m here to tell you differently. Both industries have their own set of challenges, whether you’re starting out, or refining your craft/company.
Database Startup Clustrix Builds Up its Bankroll
Wall Street Journal (blog)
Tech watchers once considered the database market pretty stagnant, at least in terms of new technology and new entrants. Suddenly it is anything but that, with Clustrix a prime example.
1871 anniversary spotlights Chicago startup growth
Techli
Leaders of the Chicago startup community released figures Friday regarding the city’s start-up growth coinciding with the first anniversary of 1871, one of the city’s start-up incubators. “Over the last year, the tech community has really come together.
Biz Stone’s new mystery startup Jelly nabs ex-Twitter veteran Kevin Thau
The Next Web
Rumors about the move have been circulating since late last month and follows the announcement that Ben Finkel is also involved at Jelly as Christopher Isaac “Biz” Stone’s fellow co-founder and Chief Technology Officer.
A start-up’s cool solution to manage heat – The Business Times
Business Times (subscription)
Thermal management solutions for lithium-ion batteries are also exactly what Gcorelab, a local clean tech startup, specialises in. Gcorelab is developing what it calls a “small liquid-based thermal management system” for electric vehicles.
Bowei Gai: A Worldwide Crusade to Connect the Global Startup Community
Tech in Asia
Gai When you’ve been co-founder and CEO of Snapture Labs, held the same titles at CardMunch, Inc. and are currently founder and chief ambassador at World Startup Report, you tend to attract attention when you enter the tech and startup community.
Tech Startup Develops Two-Click Checkout. – Yahoo! Finance
Finance: ALBUQUERQUE, N.M., May 2, 2013 /PRNewswire/ — Tech start-up @ Pay released its first public Application Programming Interface (API) today.
Silicon Valley based high tech start up in the Golf business, developing a cool product, is looking to expand its team in different disciplines including R&D.
Three Things I Learned About Personal Cybersecurity At RSAConference That You Should Be Doing Right Now
February 28, 2013
Image via CrunchBase
I just returned from RSAConference 2013 where I had the privilege and honor of giving a presentation of the legal risks caused by social media in the workplace. As a speaker-attendee, I had the priceless benefit of access to all the other speakers and programs held during the conference.
One such program I attended was “We Were Hacked: Here’s What You Should Know”. The speakers, Matthew Prince (@eastdakota) CEO of CloudFlare, and Mat Honan (@mat) writer for Wired Magazine, shared their common experience as targets of high profile hacks. Hearing the details from them first hand, including information from interviews with the hackers themselves, I learned how easy it is to be the victim of hacking and how it’s the little things that create exploitable seams in our information security barriers.
Rather than rewrite their stories, I thought I would share three simple lessons I learned that I’ve already implemented and you should too. Besides, Matt does a better job telling his own story which can be found here.
Here are the three things I learned about how you can protect yourself and others in your organization.
First, security attacks go after the “low hanging fruit” and that often means figuring out a way to exploit your personal email address. With so many web-based services and so much login information to remember, many of us use our personal email as our username for everything from the web sites on which we comment, to our online photo gallery, to our online banking service. Unfortunately, this is probably the address we use for password recovery if we forget. Given that our digital lives are easily mapped, hackers already have one piece of the two-piece login puzzle: they know your user name.
TIP NO. 1: Use a private, obscure email address for your more sensitive information.
Second, once a hacker has accessed your accounts, your computer and your files, the fun has just begun for them. As Matt Honan described, these often adolescent script kiddies simply don’t understand the value of your stored memories and other information. In his case, all the photos of his children were permanently deleted. Regardless of a hacker attack, stuff happens and you don’t want to lose everything because you we’re too lazy to back up.
TIP NO. 2: Back Up your digital life, early and often.
Third, today’s’ Internet is an interdependent ecosystem. Just because you or your organization takes security seriously, doesn’t mean that other do as well. Your internal systems are not enough. Like it or not, the seams of your security perimeter are intertwined and permeated by the services and systems of customers and vendors. For most consumers, the there is a Hobbesian choice of Security v. Convenience. Multiple login usernames and super long passwords are difficult to remember and tedious to use. As a result, most people choose the least secure means of authentication on the assumption that using astringent password is enough. Unfortunately, some people don’t even bothers with that. A recent ZoneAlarm study found that “password” was the fourth most commonly used password by consumers.
Google, Facebook and others have started using two-factor authentication. Two-factor authentication requires that one enter a code after entering the username/password combo. The code is sent via, text message, voice call or email. This greatly reduces the chances of unauthorized access because hackers would need to have your phone, in addition to your username/password combo.
TIP NO. 3: Whenever possible enable two-factor authentication.
Please understand that there is no “magic bullet” when it comes to Cybersecurity. Taking these precautions does not guarantee that you won’t be attached or that your account information won’t be accessed. However, these are important and easy steps that you can take to improve your personal data security.
Please comment and follow!
Related articles
- Twitter looks to add two-factor authentication to stop password hacks (arstechnica.com)
Entertainment & Fashion Law News Update
January 31, 2013
Entertainment Law News & Events
Entertainment Law Initiative Luncheon Set For Feb. 8 | GRAMMY.com
The GRAMMY Foundation announced today that the keynote discussion at the 15th Annual Entertainment Law Initiative Luncheon & Scholarship Presentation
Colorado IP and entertainment lawyer David Ratner forms ‘Creative …
‘Creative Law Network,’ a Denver-based law firm, will focus on small to mid-size businesses and artists.
Florida Bar Hosts Entertainment Law Event | Billboard
NEW YORK–The Florida Bar Assn.’s Entertainment Arts and Sports Law Section will host its sixth annual legal symposium on music, film and TV on March 26.
UNH Law to debut sports and entertainment law institute
Concord Monitor
The University of New Hampshire’s School of Law will open a Sports and Entertainment Law Institute next fall, giving students the opportunity to focus their studies for a law career in either field.
Entertainment lawyer Mike Novak dies
The Macomb Daily
For nearly three decades, Mike Novak’s name was synonymous with entertainment in the Detroit area. During his career the Troy-based attorney, a resident of Grosse Pointe Shores, represented the likes of artists such as Bob Seger and Kid Rock.
Use a Law Degree to Enter Environmental or Entertainment Fields
U.S. News & World Report (blog)
If you have a question about law school, E-mail me for a chance to be featured next month. This week, I will address questions from readers about pursuing environmental and entertainment law.
Fashion Law News
Minnetonka’s Trademark Suit Against Target Tip-Toes Away http://t.co/sF6vtszP via @FemmeLegale
VIDEO: First Ever Northern California Fashion Law Panel Produced …
First Ever Northern California Fashion Law Panel
Following the Dress Code: Fundamentals of Fashion Law with BK …
February 13th – 6:00-8:00pm 2 MCLE Credits (Professional Practice) 123 Remsen Street, BrooklyModerator: Allegra Selvaggio, Esq.
About The Author
David M. Adler, Esq. is a 2012 Illinois SuperLawyer, author, educator, entrepreneur and partner with Leavens, Strand, Glover & Adler, LLC, a boutique law firm in Chicago, Illinois created with a specific mission: provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in order to drive innovation and increase overall business value.
Whose Social Media Account Is It Anyway?
December 23, 2012
As a result of the rapid shift in marketing from unilateral one-to-many communications, to the multilateral, many-to-many or many-to-one conversations enabled by Social Media, employees and employers are struggling to manage accounts that are used for both work and personal purposes.
This new phenomenon has benefits, but it also creates a number of legal challenges. For employees, it may result in greater efficiency, more opportunities for authentic customers engagement and the ability to stay on top of the most current grands and business issues. For employers, it presents opportunity to reap substantial benefits from lower communications and customer support costs. For in-house counsel, it raises a host of legal and practical issues with few easy solutions and significant liability and regulatory risks.
First, there are hardware issues. Smartphones, tablets and other personal electronics often have social networking capabilities built in. in addition, they contain contain both personal and business data. Because these devices are always on and always connected, they are more than just personal property. They have become essential business tools. For both sides of the workplace equation, employers and employees must understand where the privacy lines fall between personal versus work-related information.
Second, there are data issues. Employers must balance their needs to monitor employee usage, employees’ privacy concerns, and the risk of liability for theft or exposure of data if a device is lost or stolen, or from lack of proper safeguards on account usage. For in-house counsel tasked with drafting policies to address these risks, , Prior to implementation of any policy, the legal team needs to educate front line employees and management on reasonable expectations of privacy and security and the harms that the organization seeks to prevent.
Lastly, recent cases such as the Cristou v. Beatport litigation, highlight the struggle to define and control the beginning and end of employee social media accounts, ownership and protection of intellectual property and the post termination risks that arise from the absence of appropriate policies.
As we prepare to start a new year, the time is ripe to establish security and privacy policies governing creation, maintenance and use of employees’ social media accounts for work functions. In-house counsel must lead the charge to educate, inform and train employees about privacy, security and evidence-recovery implications associated with use of social media.
FTC Privacy Update: Recent Guidance and Settlements
December 11, 2012
Company Sanctioned for ” History Sniffing”
FTC Settlement Puts an End to “History Sniffing” by Online Advertising Network Charged With Deceptively Gathering Data on Consumers
You know the old adage, the Internet is forever. Well, so is your browsing history, apparently. On December 5, 2012, the FTC announced that an online advertising company agreed to settle Federal Trade Commission charges that it used “history sniffing” to secretly and illegally gather data from millions of consumers about their interest in sensitive medical and financial issues ranging from fertility and incontinence to debt relief and personal bankruptcy.
“Consumers searching the Internet shouldn’t have to worry about whether someone is going to go sniffing through the sensitive, personal details of their browsing history without their knowledge,” said FTC Chairman Jon Leibowitz. “This type of unscrupulous behavior undermines consumers’ confidence, and we won’t tolerate it.”
The defendant, Epic Marketplace shared information with a large advertising network that has a presence on 45,000 websites. Consumers who visited any of the network’s sites received a cookie, which stored information about their online practices including sites they visited and the ads they viewed. The cookies allowed Epic to serve consumers ads targeted to their interests, a practice known as online behavioral advertising.
Mobile Applications (Apps) Continue to Threaten Childrens’ Privacy
Kids’ Data Still Collected, Shared without Parents’ Knowledge, Consent
The Federal Trade Commission issued a new staff report, “Mobile Apps for Kids: Disclosures Still Not Making the Grade,” [PDF here ] examining the privacy disclosures and practices of apps offered for children in the Google Play and Apple App stores. The report details the results of the FTC’s second survey of kids’ mobile apps.
The FTC first surveyed kids’ mobile apps in 2011. Since then there has been little progress toward giving parents the information they need to determine what data is being collected from their children, how it is being shared, or who will have access to it. Many any of the apps examined included interactive features, such as connecting to social media, and sent information from the mobile device to ad networks, analytics companies, or other third parties, without disclosing these practices to parents.
Disturbingly, the shared information included login information across multiple sites, GPs location information and device ID information.
Act Of Uploading Photos To Web Site Is Sufficient to Assign Copyrights
November 21, 2012
website is down (Photo credit: Sean MacEntee)
In today’s business world, web sites are no longer simply a static online presence. Today’s web sites are highly interactive and often make use of content (photos, text, images, videos, etc.) that have bee uploaded by visitors and registered users. With the speed of search engines, social networking platforms and mobile computing technologies, any online problem can quickly have far reaching effects well beyond the initial issue.
In order to ensure that web site operators may make as broad a use of this content as possible and that these web sites do not violate the rights of those whose content has been uploaded, many web site have Terms of Use that contain intellectual property licenses, assignments and indemnifications.
A recent federal District Court in Maryland examined whether the mere act of uploading photographs to a website met the requirements of forming a valid electronic contract sufficient to assign copyrights in the photographs under Section 204(a) of the Copyright Act, which requires assignments to be in writing and signed by the assignor.
In Metro. Reg’l Info. Sys., Inc. v. Am. Home Realty Network, Inc., No. 12-cv-00954 (D. Md. Nov. 13, 2012) the defendant argued plaintiff could not state a claim for infringement on the photographs because the assignments of these photographs to plaintiff were void. Defendant argued that the web site Terms of Use Agreement (“TOU”) and the electronic process in which subscribers assigned copyrights in the photographs to plaintiff did not comply with Section 204(a) of the Copyright Act. The Court disagreed.
The Court first looked at Section 204(a). That section provides that “[a] transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.” 17 U.S.C. § 204(a). The Court then turned to the Electronic Signatures in Global and National Commerce Act (“E-SIGN”), 15 U.S.C. §§ 7001 et seq., to reject defendant’s argument that the assignments were invalid. E-SIGN provides, in relevant part:
“[n]otwithstanding any statute, regulation, or other rule of law . . . with respect to any transaction in or affecting interstate or foreign commerce–
(1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and
(2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.
15 U.S.C. § 7001(a).
“The term ‘electronic signature’ means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.” Id. § 7006(5). The Court concluded that the TOU was clear in its terms and that the electronic process by which subscribers assigned the copyrights in the photographs met E-SIGN and Section 204(a) requirements. Accordingly, the Court held that the assignments were not invalid as a matter of law.
How Do You Respond To & Prevent Social Media Spam
October 15, 2012
I’m surprised at how often I receive commercial bulk email messages that are not compliant with the Federal CAN SPAM act.The two biggest mistakes I see are 1) no physical address and 2) no opt-out/unsubscribe mechanism.
Image via CrunchBase
Another common mistake is a “blind” bulk email address list like “Undisclosed-Recipients@email.com.” Not only do I NOT know which address this received the offensive message, there usually isn’t even a proper return address for me to send an “Unsubscribe” message.
With the popularity of social media, you’ve probably received a Twitter promotion for iPhones, special deals, free downloads, etc. While it’s easy to dismiss poorly-written tweets from obvious spammers, when someone replies to you on Twitter, says “must read, check it out” and the topic is clearly the kind of thing you read and share it’s more difficult to tell. Often, these are from legitimate accounts where a human has taken the time to compose and send the message.
In light of the growing use of electronic mail (“email”) messages for advertising, marketing, corporate communications and customer service, is essential to have some familiarity with the Federal “Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003” also known as the CAN SPAM Act (the “Act”) The Act provides the parameters of its application, explicit prohibitions, requirements for transmission of legally compliant email messages including the “Opt-Out” mechanism and vicarious liability. Generally speaking, the Act was written to prohibit the fraudulent, deceptive, predatory and abusive practices that threaten to undermine the success and effectiveness of commercial email and email marketing.
Congress drafted the Act to impose limitations and penalties on the transmission of unsolicited commercial email messages. Unlike some state initiatives, the Act is an “opt-out” law. Put another way, for most purposes permission of the e-mail recipient is not required. However, once an email recipient has indicated a desire to opt-out or no longer receive such messages, failure to comply with the recipient’s request may subject both the sender and the person or entity on whose behalf the message was sent to severe penalties.
Frequently asked question about the Act include:
1) To Whom Does The Act Apply? The Act applies to any person or entity that sends email.
2) What Activities Are Prohibited By The Act? The Act is primarily concerned with explicitly prohibiting certain predatory and abusive commercial email practices.
3) What Are The Requirements For Sending Email Messages? Section 5(a) of the Act sets requires the inclusion non-misleading information regarding: (a) transmission, (b) subject, (c) email address, (d) Opt-out and physical address, and (e) clear and conspicuous language identifying sexually-oriented messages.
4) Who Can Be Liable for Violations? The Act applies to both the party actually sending the commercial email messages and those who procure their services.
Discussion
The primary substantive provisions of the Act can be divided into three parts found in Section 4, Section 5 and Section 6. Section 4 of the Act addresses “predatory and abusive” practices prohibited by the Act. Section 5 details the requirements for transmission of messages that comply with the Act. Section 6 details the requirements for transmission and identification of sexually-oriented messages. Section 6 is not discussed in this article.
Section 4 of the Act lists specific “predatory and abusive” practices prohibited by the Act. In short, the Act specifically prohibits: (i) accessing a computer without authorization for the purpose of initiating transmission of multiple commercial email messages, (ii) transmission of multiple commercial email messages with the intent to deceive or mislead recipients, (iii) transmission of multiple commercial email messages with materially false header information, (iv) registration of email accounts or domain names using information that materially falsifies the identity of the actual registrant, and (v) false representations regarding the registration of Internet Protocol addresses used to initiate multiple commercial email messages.
The second relevant part, set forth in Section 5 of the Act, details the requirements for transmission of messages that comply with the Act. Subject to certain limitations discussed below, the Act requires that email messages contain: (i) transmission information that is not materially false or misleading, (ii) subject information that is not materially false or misleading, (iii) a return address or comparable mechanism for opt-out purposes, (iv) identifier, Opt-out and physical address, and (v) clear and conspicuous language identifying sexually-oriented messages as such. (Note, this last requirement is not discussed. See above.) Lastly, the Act implicates both commercial email transmission service providers as well as those who procure their services.
To Whom Does The Act Apply?
The Act applies to any person or entity that sends email. The Act specifically regulates “commercial electronic mail messages,” defined as any email message “the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).” However, the Act specifically excludes from this definition “transactional or relationship messages.” A “transactional or relationship message” falls within one of five categories of messages:
- communications that facilitate, complete or confirm a commercial transaction previously agreed to by the recipient;
- communications that provide warranty or other product information with respect to a product or service previously used or purchased by the recipient;
- notifications with respect to a subscription, membership, account, loan, or comparable ongoing commercial relationship;
- information directly related to an employment relationship or related benefit plan in which the recipient is currently involved; and
- communications to deliver goods or services, including product updates or upgrades, under the terms of a transaction previously agreed to by the recipient.(Emphasis added.)
The purpose for the distinction between “commercial electronic mail messages” and “transactional or relationship messages” is to exempt certain types of communications from compliance with all the message transmission requirements of the Act. As should be clear from the list above, the Act distinguishes the types of communications based on the relationship between the sender and recipient rather than on the character of the message. Put another way, so long as the communication is related to some type of existing business relationship, it is not a “commercial electronic mail message.”
What Activities Are Prohibited By The Act?
Section 4 of the Act is primarily concerned with prohibiting certain predatory and abusive commercial email practices. Section 4(a) amends Chapter 47 of Title 18 of the United States Code by adding Section 1037 which specifies the offenses that constitute “fraud and related activity in connection with email.” An offense is committed by anyone who directly or indirectly, knowingly:
- accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer,
- uses a protected computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages,
- materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages,
- registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, or
- falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses.
Clearly, Section 4 is primarily concerned with preventing practices whereby the sender intentionally, either through outright fraud or other deception, conceals its true identity or the true commercial character of the message.
What Are The Requirements For Sending Email Messages?
Section 5(a) of the Act sets forth certain other protections for the users of commercial email.
Accurate Transmission Information. Among the affirmative requirements of Section 5(a), Section 5(a)(1) prohibits sending either a commercial electronic mail message, or a transactional or relationship message, that contains, or is accompanied by, header information that is materially false or materially misleading. Unlike the general prohibition against sending messages with materially false header information under Section 4, in addition to having technically accurate transmission information, the sender is prohibited from having used false pretense or other deceptive means to acquire such information (e.g. email accounts, domain names and IP addresses). Furthermore, the “from” line must “accurately identify the person transmitting the message.” Lastly, the sender must accurately identify the computers used to originate, relay or retransmit the message.
Note, the following only apply to commercial electronic mail messages:
Accurate Subject Information. Messages must have accurate subject information. Subject information would not be accurate if a “person has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that a subject heading of the message would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message.”[8]
Inclusion of Opt-out Mechanism. Messages MUST contain a functioning return email address or other Internet-based mechanism (e.g. hyperlink), that is clearly and conspicuously displayed that enables a recipient to submit a request to opt-out of future email messages from the sender whose email address was contained in the message. The opt-out mechanism (whether email address or hyperlink, etc.) must remain functional for at least thirty (30) days after the transmission of the original message.
Removal After Objection. If a recipient makes a request using the opt-out mechanism, the sender shall not transmit any further messages to the recipient, more than ten (10) business days after the receipt of such request, if such message would fall within the scope of the request. A third-party acting on behalf of the sender shall not transmit or assist others to transmit, any further messages to the recipient, more than ten (10) business days after the receipt of such request, if such third party knows or should know of the recipient’s objection. Lastly, the sender and any third party who knows that the recipient has made such a request, shall not sell, lease, exchange, or otherwise transfer or release the electronic mail address of the recipient for any purpose other than compliance with the Act or other provision of law.
Inclusion of Identifier, Opt-out & Physical Address. Every message must clearly and conspicuously: (i) identify the message as an advertisement or solicitation; (ii) provide notice of the opportunity to opt-out of future communications; and (iii) provide a valid physical postal address of the sender. However, the notice that a message is an advertisement or solicitation does not apply where the recipient has given prior affirmative consent to receive the message.
Related Activities Proscribed.
Other prohibitions in the Act concern unethical or unscrupulous practices that tend to coincide with deceptive or abusive email. Several common methods for generating email distribution lists have also been proscribed. The Act prohibits certain unethical practices such as:
- hijacking another email server to send or relay messages;
- “harvesting” email addresses that appear on others’ Web sites;
- randomly generating email addresses;
- knowingly linking an email ad to a fraudulently registered domain; and
- participating in other offenses such as fraud, identity theft, etc.
Who Can Be Liable for Violations?
The Act applies to both the party actually sending the commercial email messages and those who procure their services.[9] One cannot “outsource” its “spam” and thereby avoid liability under the Act. One may be held accountable if the email service employed isn’t actually using a legally-compiled or permission-based list. Under some parts of the Act one may be held liable for employing a third party to distribute the messages “with actual knowledge, or by consciously avoiding knowing, whether such [third party] is engaging or will engage, in a pattern or practice that violates this Act.”
CONCLUSION
The Act was written to prohibit the fraudulent, deceptive, predatory and abusive practices that threaten to undermine the success and effectiveness of commercial email and email marketing. Since Bacon’s uses email to communicate with employees, vendors, existing and prospective customers, Bacon’s is clearly subject to the Act. The Act focuses on enumerating proscribed activities rather than affirmative obligations to make it easier for legitimate, honest businesses to comply with the Act. The Act distinguishes communications based on a previously existing relationship between the sender and the recipient from those communications that are prospective in nature. Generally, email messages not based on a pre-existing relationship are subject to greater affirmative requirements.
Compliance Guidelines.
- Be Aware of the Requirements for Transmitting Messages.
- Require Compliance by Clients.
- Monitor Distribution by Affiliates.
FTC Publishes Guide to Help Mobile App Developers Observe Truth-in-Advertising, Privacy Principles
September 7, 2012
Sept. 5 2012:
From the FTc web site:
The Federal Trade Commission has published a guide to help mobile application developers observe truth-in-advertising and basic privacy principles when marketing new mobile apps. The FTC’s new publication, “Marketing Your Mobile App: Get It Right from the Start,” notes that there are general guidelines that all app developers should consider. They include:
Tell the Truth About What Your App Can Do. – “Whether it’s what you say on a website, in an app store, or within the app itself, you have to tell the truth,” the publication advises;
Disclose Key Information Clearly and Conspicuously. – “If you need to disclose information to make what you say accurate, your disclosures have to be clear and conspicuous.”
Build Privacy Considerations in From the Start. – Incorporate privacy protections into your practices, limit the information you collect, securely store what you hold on to, and safely dispose of what you no longer need. “For any collection or sharing of information that’s not apparent, get users’ express agreement. That way your customers aren’t unwittingly disclosing information they didn’t mean to share.”
Offer Choices that are Easy to Find and Easy to Use. – “Make it easy for people to find the tools you offer, design them so they’re simple to use, and follow through by honoring the choices users have made.”
Honor Your Privacy Promises. – “Chances are you make assurances to users about the security standards you apply or what you do with their personal information. App developers – like all other marketers – have to live up to those promises.”
Protect Kids’ Privacy. – “If your app is designed for children or if you know that you are collecting personal information from kids, you may have additional requirements under the Children’s Online Privacy Protection Act.”
Collect Sensitive Information Only with Consent. – Even when you’re not dealing with kids’ information, it’s important to get users’ affirmative OK before you collect any sensitive data from them, like medical, financial, or precise geolocation information.
Keep User Data Secure. – Statutes like the Graham-Leach-Bliley Act, the Fair Credit Reporting Act, and the Federal Trade Commission Act may require you to provide reasonable security for sensitive information.
World Social Media Legal News Roundup
July 23, 2012
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.
