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.
World Information, Data & Cyber Security News & Legal Roundup
September 20, 2012
German cybersecurity agency prods users to ditch IE
Computerworld – Germany’s cybersecurity agency on Monday urged users to drop Internet Explorer (IE) and switch to a rival, like Chrome or Firefox, until Microsoft patches a new critical bug in its browser.
Democratic senators call for ‘cybersecurity’ executive order
CNET
Senators call for ‘cybersecurity’ executive order. This summer’s partisan sparring that derailed a federal cybersecurity law has resumed, with Democrats proposing an executive order and Republicans saying it would levy “more mandates.”
Cybersecurity scholarships to be offered
UPI.com
“The nation is in dire need of people who are capable of handling the cybersecurity challenges we face,” professor of computing and information sciences Xinming “Simon” Ou said. “We are lagging behind in the number of experts we have versus the threats.
Cybersecurity: Kay Bailey Hutchison condemns Obama’s ‘heavy handed …
Houston Chronicle (blog)
Amid escalating partisan rhetoric over the bipartisan goal of protecting U.S. computer systems from terrorist attacks, Texas Kay Bailey Hutchison criticized President Obama for a “heavy handed, regulatory regime” that would be created.
National Cyber Security Alliance Announces Theme for Data Privacy Day
The Herald | HeraldOnline.com
18, 2012 /PRNewswire-USNewswire/ — The National Cyber Security Alliance (NCSA), a non-profit public-private partnership focused on helping all digital citizens stay safer and more secure online and official coordinator of Data Privacy Day (DPD), today …
When it comes to cybersecurity law, where do we draw the line?
ZDNet
Over the past few years, the Obama administration and Congress have taken a variety of legislative runs at creating comprehensive cybersecurity law. See Also: How cybersecurity is like Star Trek’s transporter.
Cyber security biggest challenge for universal credit, says David Freud
ComputerWeekly.com
Cyber security is the biggest challenge for the government’s universal credit roll-out, welfare reform minister David Freud has told a select committee. Speaking to a select committee, pensions minister Ian Duncan Smith said government had consulted …
NetLib teams with CIS to fight cyber security
Mass High Tech
Neil Weicher wants to win the battle in cyber security. NetLib, a Stamford, Conn.-based provider of encryption software founded by Weicher, has partnered with the Center for Internet Security, a non-profit focused on cyber security readiness.
UK spy agency tests Britons’ cyber skills
Reuters
The Government Communications Headquarters (GCHQ) said those aged 16 or over and not already working in cyber security could apply to test their ability to guard a computer network but only 150 contestants at most would be eventually allowed.
Former FBI Cybersecurity Official Steven Chabinsky Thinks FBI is Doing Great …
ticklethewire.com
The FBI’s former top attorney for cybersecurity, Steven Chabinsky, who stepped down this month, thinks the FBI is doing a great job battling the problem, but told the Washington Post that the “federal government” has taken a “failed approach”.
Evidentiary Authentication of Social Media Data
August 10, 2012
Although courts have called the Internet “one large catalyst for rumor, innuendo, and misinformation,” nevertheless, it provides large amounts of evidence that may be relevant to litigation matters. Increasingly, courts are facing presentation of, and challenges to, data preserved from various websites. According to a survey conducted by the X1ediscovery blog, there are over 320 published cases involving social media/web data in the first half of 2012.
Evidentiary authentication of web-based data, whether it’s Internet site data available through browsers, or social media data derived from APIs or user credentials, presents challenges. Given the growing importance of social media posts and data, businesses should be prepared to offer foundational evidence to authenticate any posts that are vital to a case.
Authentication of social media and web data is a relatively novel issue for many courts. Courts have been extremely strict in applying foundation requirements due to the ease of creating a profile or posting while masquerading as someone else. Therefore it is important to go beyond the surface of a social media profile or a post to provide the foundation necessary to authenticate what he evidence for use in court.
Regardless of the type of data, it must be authenticated in all cases. The authentication standard is found in Federal Rule of Evidence 901(a), “The requirement of authentication … is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” United States v. Simpson, 152 F.3d 1241, 1249 (10th Cir. 1998).
The foundational requirement of authentication is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. See US v. Tank, 200 F. 3d 627, 630 (9th Circuit 2000) (citing Fed.R.Evid. 901(a)). This burden is met when “sufficient proof has been introduced so that a reasonable juror could find in favor of authenticity.” This burden was met where the producer of chat room web logs explained how he created the logs with his computer and stated that the printouts appeared to be accurate representations. Additionally, the government established the connection between the defendant and the chat room log printouts based on IP addresses.
See also, Perfect 10, Inc. v. Cybernet Ventures, Inc. (C.D.Cal.2002) 213 F.Supp.2d 1146, 1154, and Lorraine v. Markel American Insurance Company, 241 F.R.D. 534, 546 (D.Md. May 4, 2007) (citing Perfect 10, and referencing additional elements of “circumstantial indicia” for authentication of electronic evidence).
Clearly, there is an emerging trend in the use of social media and web data as evidence. As the use of this type of evidence increases, so too will the consistency and predictability of the foundational matters required by courts. Thus, businesses are well advised to include web collection and social media support in the investigation process so they are prepared to offer the necessary foundational evidence to authenticate any social media posts that may be vital to a case.
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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)
Social Media & The Law: Weekly Recap June 15, 2012
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.
World Social Media Legal
May 30, 2012
Gartner Predicts Huge Rise in Monitoring of Employees’ Social Media Use
PCWorld
New technologies and services are enabling the growth in employee monitoring, but companies will need to closely manage their monitoring efforts for ethical and legal issues, Andrew Walls, research vice president at Gartner, wrote in the report.
The Legal Ambiguities of Social Media
Human Resource Executive Online
Employers continue to look for guidance on issues related to the evolving use of social media by employees. Creating an appropriate policy remains difficult, but the authors offer some expert advice that may help.
Social Media Changing the Face of Criminal Justice
HispanicBusiness.com
The Virginia State Bar tracks ethical issues concerning how attorneys communicate by and glean evidence from social media, said James McCauley, ethics counsel for the state bar.
DISH® Announces Topic for 2012 “Best in Class” eDiscovery Legal Research
Sacramento Bee
This year, law students will be challenged to address the question of “Under what standard should a court subject an employee’s non-business personal computing activities (eg, social media, documents stored on a personal computer, and/or personal email)?
The Case for Facebook
The Atlantic
Consider this a skeptic’s guide to the bull case for the social network. Facebook just had modern history’s worst IPO and it’s down again today by some percentage that will be quoted endlessly. Yet Facebook is still the world’s largest social media platform.
The Atlantic
Religious freedom issues at heart of HHS lawsuits, legal scholars say
Catholic News Service
(CNS) — The mass media have done the public a disservice by consistently referring to health reform law regulations so narrowly as the “contraceptive mandate,” because it leads people to think the regulations are a matter of interest only to Catholics.
Firms expected to cyberstalk for security
ZDNet Australia
The research and advisory organisation recently published a report into conducting digital surveillance ethically and legally, and found that 60 per cent of corporations will be monitoring social media channels for security breaches and incidents.
Most Corporations Will Spy On Employees By 2015: Research
TechWeekEurope UK
The majority of corporations are expected to monitor their employees’ social media interaction by 2015, suggests research by Gartner, published today. This practice could be increasingly adopted to prevent security breaches and incidents.
Russia’s VKontakte delays IPO after Facebook debacle
Reuters
By John Bowker | MOSCOW (Reuters) – Russian social network VKontakte says it won’t risk going ahead with its planned initial public offering fearing a repeat of the botched Facebook float which left US regulators red-faced.
Got a story? A Question? Please comment. Please follow me on Twitter here: @adlerlaw
Social Media Legal News Highlights
May 25, 2012
CeBit 2012: Social media a legal minefield
Computerworld Australia
Government agencies looking to make greater use of social media and other collaboration tools face a raft of legal issues with the potential to sink efforts to better connect government and the public.
Unfiltered Orange | Weekly eDiscovery News Update – May 23, 2012
JD Supra
File-Sync-and-Share for Enterprises -bit.ly/KrIZmE
Should Active Directory Upgrade be Required in Exchange 15? bit.ly/Mkk4I9
Social Media Legal Best Practices: Problems and Solutions with Photo Uploading and Tagging …
The ’7 Dirty Words’ Turn 40, but They’re Still Dirty
The Atlantic
They still resonates today, maintaining a perfect five-star rating among iTunes customers.
“I always thought it was a wrong-headed decision, one that really made hash of the First Amendment with respect to the broadcast media,” says Floyd Abrams, one of the foremost legal authorities on the First Amendment.
#Fashionlaw USA Network in Partnership With MR PORTER.COM Brings to Life the Stylish World
Sacramento Bee
USA Network will additionally support the partnership via on-air, online, VOD, paid media (including a special insert in the July issue of Vanity Fair) and in-show integration and messaging. All will compliment USA’s massive multi-pronged marketing.
Regional bloggers on both sides of political fence say robust online debate is not uncivil.
Grand Forks Herald
“People are creating a media (with blogs and other social media) they’re not getting from traditional media,” Nodland said. “Maybe it’s a little crude, hard-hitting … and traditional media fear it.”
DocStoc Launches 30 Free Apps to Help Small Business Owners Grow Their Businesses
San Francisco Chronicle (press release)
App highlights: http://www.docstoc.com/apps/ Social Media for Business: This app will explain how can you leverage social media to get an edge. How to Get a Job Interview: This app is a complete blueprint for landing your dream job.
Internet Privacy Legal News Update
May 22, 2012
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 »
Fashion Law: Legal News Roundup
May 10, 2012
Israel’s Ban on Ultra-Thin Models
FASHION-SAFRICA-NIGERIA-BAKARE (Photo credit: Bohan Shen_沈伯韩)
By Talya Minsberg A new Israeli law prohibits fashion media and advertising from using Photoshop or models who fall below the World Health Organization’s standard for malnutrition. When a 14-year-old girl delivered a 25,000-signature petition this week to Seventeen asking them to curb their use of Photoshop, the magazine issued a press statement that congratulated the girl on her ambition but was conspicuously silent on changing their editorial practices.
An Impossible Conversation About the Met’s Spring 2012 Costume Institute Exhibit
Huffington Post (satire)
So, culturally and historically, the reason women care so much about fashion is that until very recently, we weren’t allowed professional, legal or vocal ways of expressing ourselves. Fashion was a way of articulating our feelings about ourselves.
Small Aussie fashion label turns George Lucas legal threat into ‘Star …
Dallas News Small Aussie fashion label turns George Lucas legal threat into ‘Star Wars‘ clothing deal.
AsianFashionLaw | Page 5
Fashion lawyers are legal experts too. Sometimes I feel as though people think I am in design studios all day twiddling my thumbs as I look at models wearing …
www.asianfashionlaw.com/page/5/
Adidas-India’s ex-MD slaps legal notice on company - Fashion United
The Adidas-saga in India seems to be taking a different turn. - Fashion India News, Network, Business Community, fashion industry, international, platform for …
www.fashionunited.in/…/adidas-indias-ex-md-slaps-legal-notic…
