GOP does not want to reform a 1986 Privacy Law

A Republican policy memo leaked anonymously suggests that the GOP is planning to oppose efforts to reform the 1986 privacy law, to make it more current and applicable to changing needs through trends in social media and digital media. The GOP apparently sees privacy advocacy by tech giants like Google, Microsoft, AOL, and AT&T as cover for an attempt to limit their expenses on behalf of U.S. law enforcement investigations.

The issue of course is the confusion of privacy as a protective sphere.  Does privacy apply to e-mails? Smartphones? Text messages? Facebook posts?  Where do the bright lines exist and if they don’t, where should they be drawn on a legal spectrum?

In an effort to develop up to date laws and understand the issues surrounding social media risk and compliance, lawmakers are once again out of touch.  On the surface level the privacy issue may be one of cost for larger companies, but on an individual level, taking in to consideration how intrinsic social networking has become to daily life, the privacy issue is a very real one to social networkers.  The social media platform is not about publishing thoughts online, it’s about sharing thoughts with one’s “close” friends or community, and perhaps privacy should be respected there?

 

New Yorkers: Facebook Privacy Settings May Not Matter

In California, an artist sued an apparel company for putting his designs on items they hadn’t agreed on. Brilliantly, the company’s lawyers mined his social networking tools such as Facebook and MySpace to see if he had ever posted any comments on how he was thrilled to be featured on such products.  But a federal judge stepped in and applied a 1986 electronic communications law, stating that as long as the artist’s wall was set to a strict “friends-only” privacy setting, his posts were private and couldn’t be used by the defendants.

And, on the other coast, a New York judge has decided to use that same law to support his decision to force a women to turn over all of her social media posts, including those marked private.

The woman claimed that she was injured when falling from an allegedly defective chair.  And the defendant company, the chair manufacturers, wanted to use her social media posts to prove otherwise.

In a word of over-accessible information, and the lightening speed we all use when adding to that information, social media is proving to be a can of worms that companies need to assess and analyze.  Social media compliance & risk is beginning to play an integral role in these processes, and a little paranoia may go a long way in these situations. Social  media law is definitely evolving.

 

Brand Accountability: It’s No Longer a Spectator Sport

Earlier this week the Internet caught wind of a post on the Marie Claire site by columnist Maura Kelly, titled Should “Fatties” Get a Room (Even On Television)? on the Marie Claire blog. A few days later, after the story and severe criticism went viral, Marie Claire posted on Facebook a chipper comment akin to “And the controversy continues!”  Instead of apologizing, they provided a lukewarm response to the outrage – and readers didn’t seem to like it.

Marie Claire, much like many other brands out there, forgot a cardinal rule of social media use – brands are now held accountable for what they say, what they do, what they put out there.  It’s no longer the world of “we do what we can and you must deal.”  Social media has given everyone a voice and if brands want to use social media, they need to remember that it is social media – as in your readers and core audience can engage with each other.  So if you do wrong online, it won’t be easily forgotten.

And how does that apply to social media risk & compliance issues?

It’s what we have said before: social media use must be intelligent and strategic.  Social media has opened up the door for brands to become human again, which allows for human mistakes.  But, no one wants true transparency.  They want the appropriate, the intelligent, the well-thought out.  Otherwise there will be backlash.  There will be viral comments that may affect the sales of a particular brand and the brand’s reputation.

Furthermore, it brings up legal questions such as: what do we do with the person who created the backlash?  Who do we blame?

In the world of print media, there are many levels of checks & balances and all the stories need to be thoroughly fact-checked and run through a difficult screening process.  The world of online blogging is quite different.  It is faster, shorter deadlines and the need of much more content.  To fulfill that, brands often fall short of their normally stringent processes.

So – it comes down again to the same quip - Assess, Influence & Evolve.  And then do it again.

– Sheheryar Sardar, Esq. & Benish Shah, Esq

When Your Company is Attacked Online

While we encourage companies to encourage social media and have sound policies and educational seminars on the use of social media in the corporate world, it is critical for companies to understand that there are potential risks associated with social media. Once companies understand that a risk exists, the next step is to have a policy for damage control on the web.

What to do if someone writes damaging comments about your business or you on a social media site:

(1) DO NOT RETALIATE.  Do not email, call, post a response or take any other action without thinking the matter through.  The problem with social media is that you can get your feelings out instantaneously – leading to a host of regrets.

(2) DELETE THE COMMENT.  If the comment is on your own blog or on a website that you control, you have the right to delete the comment.  This is not to say that you should ignore the individual’s complaints or not reach out to them privately, but understand that you have the option to delete negative or damaging comments.

(3) REMEMBER THAT YOU HAVE AN AUDIENCE.  Whatever you choose to right (or not write) is something that your audience will be watching.

(4) DEVELOP A DAMAGE CONTROL POLICY.  Consult with a lawyer, a social media strategist, and the branding team to analyze what steps should be taken if damaging comments are made, and be prepared to have an answer for the “why?”

A social media heavy consumer economy means that communities want to be answered to, but that does not mean that a company cannot take control of that message.

Social Media & the World Cup: The Works

Something unique about the 2010 World Cup games are that N. Korea has decided to enter the tournament. Although a highly isolated country, the North Korean game against Portugal was specially broadcasted to the North Korean public as a special event.

New to such live television broadcasting, North Korean goalkeeper Ri Myong Guk’s brother even stated that he felt as he was in South Korea himself.

For the rest of the world, for the first time ever these games were narrated on social media platforms, blogs and twitters by professional statisticians and analysts. And many of the games were watched not on a TV screen but on people’s laptops and mobile phones. In amazing detail, the NY Times not only gave play-by-play descriptions of the N. Korea vs. Portugal game, but the reactions of fans, political and historical significances and opinions of readers. The Associated Press even uploaded a video on YouTube of the reactions Ri Myong Guk’s family as they were watching the game.

I think this is the difference, between social digital media and a live broadcast. A live broadcast is a one way channel in which the viewers are just a third party audience but social digital media allows for people to really immerse themselves in each other’s worlds. Thanks to social digital media, unbeknownst to Ri Myong Guk’s family, there were millions of people also in their living room with them.

The significance of this to executives is that the use of social digital media no longer is specific just for entertainment or communication. As the public is now highly social digital media savvy, they also expect their corporations to be. Like North Korea, companies could also lag behind the rest of the world by neglecting the presence of social digital media. It is time to not just brand through television and billboards advertisements but to utilize social digital media to create a venue in which clients can also give feedback and start a conversation with the company.

As the world moves away from just television to using social digital media tools to better connect with one another, this is a tremendous opportunity for businesses to really get to know their clients, competitors and vice versa. As the year 2010 marks the year that the world watched the World Cup in a whole new way, it is also a time where businesses will have to do business, in a whole new way.

– Yunha is a Team Member of global executive board

Losing Your Idea Through Social Media?

Before presenting an idea to an investor, companies usually ask them to sign a Non Disclosure Agreement (“NDA”). The NDA is viewed as critical to protect the company or individual,and their idea. In the small world of entrepreneurship, the fear of losing a cashable idea is daunting.

And then, an entrepreneur decides to take his idea to every social media platform that she/he can find.  They leak seemingly simple information such as, “working on my new idea!” and “can’t wait to get investors interested in bio tech in Eastern Europe.” Suddenly, coupled with a series of other posts on the same topic, another person puts the pieces together and voilà – the idea is gone. There is no protective NDA, no contract, and no proof that it was your idea that was stolen.

The desire to engage with others through social media has tapped into the excitement of sharing every brilliant idea you have with your closest online friends – all 800+ of them.  However, if you were to put all of those people into a room, you would be more secretive about your idea – afraid of losing it to someone else.

So next time you want to post on a social media platform about you newest business idea… Remember that you are giving a green light to the loss of your idea – and no NDA to prevent it.

by: Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC

For more information on social media law, contact: Sardar Law Firm at sardar@sardarlawfirm.com.

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What Can Really be Accomplished With Social Media?

To start the discussion, it has first allowed for people to better interact with each other through sites like Facebook or myspace.  A Facebook profile has become an extension of one’s personality, and it can expedite the process in which people will get to know each other. It has made organizing events faster; sharing photos easier and even helps to reconnect people who has lost touch with each other.

Social media has been very important in the art world as it has become a primary medium where artists can share their work and make connections, as is well known by Global Executive Board.  Almost every band, venue, record label, visual artist, photographer, or fashion designer are avid users of social media.

But it has proven to be even more useful as corporations have utilized it to better target their market and to brand them in a more in-depth way. Social media allows for companies to go beyond just anadvertisement and a logo, and have actual interactions with their customers. It helps to build trust, andbetter business practices.

And the importance of social media goes farther; it has played a major political role in the past election as President Obama maintained a Twitter page and many politicians made social media a priority in their campaign. The web became the place to have debates, discussions, polls, and make statements.

So what can social media can achieve? Can it actually create wealth and fame? Could it go beyond just being a useful tool?

YouTube was a website created in 2005 by two employees of PayPal. It was first mocked as many investors felt that there are not enough people that really want to post videos online. But as YouTube’s popularity grew, it has now become one of the biggest online giants, and one of the most used websites on the Internet.

YouTube has now become a central part of social media, and in addition, a true example of the possibilities of social media. The point that this post is trying to make becomes obvious if one was to take a look at YouTube’s most subscribed channels list.

Most of these channels are videos created by just one person, usually an amateur, with little to no funding, on a cheap webcam. But through YouTube, they have reached audiences that number in the millions – a number that many TV networks with lots of money, labor, and high production values could be jealous of.

And because YouTube will grant popular channels that status of being a “partner,” these channels get paid by YouTube for the views they create. For many of these people that receive hundreds of thousands of views a day, the money starts to become quite large.

With just a camera and an idea, and a little help from digital social media, these ordinary people have become celebrities. So in the right hands, with a little creativity, and focus, social media may be the world’s most powerful tool.

- Yunha Moh is a team of member of global.executive.board

Tech-nically Social

In today’s recession the United States has provided individuals with an opportunity to stand up on their own feet. Due to loss of jobs, more and more Americans are turning to themselves to put bread on their tables, starting their own small businesses. The fastest growing field in the United States is computer and data processing services. This field varies from engineers to technical support, everyone in the middle, and everyone all of those people needs. As you may be able to see, the growth of one field leads to development of jobs of all kinds.  But the catch is that many companies never really make it out of that half-way successful bracket… enter social media. Social media has been playing a key role in helping companies to get their names out to the masses, and increasing the human network exponentially. In today’s world, if you don’t have a Facebook you’re not cool, if you don’t have aLinkedIn you’re not successful, and if you don’t have your own website you’re not important. That’s why everybody is trying to jump on social media before the wagon is full.

I know what you’re thinking “he’s brilliant… I should go do that too!” No! Not yet. What people fail to recognize is that, in the digital age, our media websites now serve as first impressions for employers, investors, friends, potential spouses, etc. … Read more here.

– Nabeel Shah is a member of global. executive. board.

Social Media: What Entrepreneurs Need to Know

Social media has grown exponentially in the last decade, with enterprising companies creating uncontested marketspace in the online and digital industries. Whether its new search engines or unique services offered to niche markets within the browsing population, social media has transcended all ages, incomes and geographic regions. Due to the fast-paced nature of social media, ambitiousentrepreneurs often overlook the need for contracts for their business. While staying ahead of the competition is paramount, creating and maintaining contracts will only enhance your edge.

Before you even start a company, or else plan on developing professional relationships with external agencies, prospective partners and employees, it is critical to understand the laws of contract. When there is a dispute, and often there is at least one during the development phase, all parties will look to the contract. As such, having a lawyer on board from the outset will always be an advantage for your business.  Here is a brief list of issues to consider:

• Non-Compete Clauses: you want to protect your business by impeding your partners’ or employees’ rights to directly compete with your business if they leave. This would be framed within a specific time period, limited to a geographic area, but is very important because they possess inside knowledge of your competitive advantage.
• Non-Solicitation Clauses: you don’t want your partners or employees soliciting your colleagues or your customers away from your business.
• Non-Disclosure Agreements: NDAs are no unreasonable, so long as the language in the contract is clear on protecting your right to confidentiality.
• Moonlighting and Loyalty: This may or may not be necessary, depending on the nature of yourbusiness. A lawyer could assess its need once you discuss your goals.
• Ownership of Intellectual Property: You may want to protect any processes, templates, systems, or methods created by an employee by retaining any IP rights over them. A contract on the outset will provide necessary protections so that work product created under your business does not ultimately go to a competitor.
• Use, Licensing, Technology Transfer: Social media companies will likely need to outsource its products or services through other digital or online mechanisms, usually other companies.Often, partnerships are created to facilitate such business development. In this context, having contracts to protect the use and licensing of your work product, so that it doesn’t leak or be misused, will make your transitions to the next stage much more efficient. Similarly, if you are interested in commercially exploiting your methods, processes or inventions (Technology Transfer), you will need contracts to protect your financial interests.

Spending a little time on developing a legal structure through contracts, while slightly time-consuming, is a real investment in your social media business. Your business will make or break based on thecontract, often when you must make strategic decisions for the success of your business. Retaining acontract lawyer will only enhance the probability of that success.

Originally published in Social Media Law by: Sheheryar Sardar, Esq., Sardar Law Firm LLC

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