Web 2.0..Business Friend or Foe?Presentation Transcript
Web 2.0…Business Friend or Foe Stephen Weyer Stites & Harbison PLLC
Traditional Business Development
Selling Your Company, Events and Projects
Dynamic internet experience
Media – “re-creates” or “captures reality”
Sharing content among other users
Forums, Q&A sites, membership-only sites
Collaborative intranet sites, such as Wiki’s, SharePoint, etc.
Social media, such as Facebook, Twitter, LinkedIn, YouTube, SlideShare, etc.
Any information delivered over HTTP
What is Social Media? Local
Why Use Social Media? Engaging Effective Efficient Economical Everyone
In the News…
Russia is the most “social”
75% of its citizens spend at least 9.8 hours/week on social networking sites
Role in Middle East revolutions
Snowball fights in DuPont Circle
Snowpocalypse and snowmageddon
250 million blogs
500 million Facebook users
27 million daily Tweets
1.2 billion daily YouTube views
* March 2010
Who is Using Social Media?
What Should We Use?
Facebook | Retail
Facebook | Banking
Facebook | Health Care
MD Anderson Cancer Clinic
Facebook | Healthcare
Roswell Park Cancer Institute
“ A simple response is all it takes to humanize the experience.”
How Should We Use It?
Will my audience relate to it?
Am I giving something of value to someone?
Does this make me look knowledgeable, a resource, an expert?
Facebook | LinkedIn
What is Twitter?
“ Twitter is a social networking and microblogging service that enables its users to send and read messages known as tweets. Tweets are text-based posts of up to 140 characters displayed on the author's profile page and delivered to the author's subscribers who are known as followers.”
Linked Twitter Feed
Getting the word out…
1. Become A Resource
2. Access to Timely Information
3. Gain Visibility
How Much Time?
<1 hr a day for Social Media
Read and research about 30 minutes
Blogging about 2-3 days per week
Average 5-10 tweets per day
Assuming 30 seconds, 5 minutes per day
About 10 minutes scanning other tweets
RSS = Really Simple Syndication
What Can’t Social Media Do 4U REPLACE A MARKETING STRATEGY DELIVER INSTANT SUCCESS GUARANTEE INFLUENCE SAVE A SINKING SHIP
5. Customer Support
Would you hire and retain this person?
Would have the same response?
Making It Work Together
Tort (defamation, intentional infliction of emotional distress, negligence, etc.)
Copyright and trademark infringement
Breach of contract
Regulatory and Compliancy Issues
Communications Decency Act (“CDA”)
Protects Internet Service Providers (“ISPs”) and web hosts from liability (e.g., defamation) resulting from third party’s content/posts.
Does not protect employers from content posted by employees.
Regulations Impacting Social Media FDA21CFR202.1 Pharmaceuticals, Food, Supplements, Cosmetics HIPAA Healthcare FINRA Notice 10-06 SEC 17a-3, 17a-4, Sweep Letter NASD 2210, 2310, 3010, 3110 USDA Patriot Act Financial Sarbanes-Oxley Publicly Traded Companies Freedom of Information Act, State Regulations Government Agencies Federal Rules of Civil Procedure Everyone Regulations That May Apply Industry or Field
Beneficial to company but at what cost?
2009 Study – 77% of employees who have a Facebook account use it during work hours.
Use of Internet to harass or torment by credible threatening or harassing message or postings
Cyberstalking - using the Internet in a pattern of threatening or malicious behaviors toward an individual that pose a credible threat of harm
Megan Meier Story (MySpace)
Disgruntled Employee Sites
Who is the person or company behind the words?
Employee’s personal view
Statements on behalf of Company
Third party/independent observer
Endorsement: “any advertising message that consumers are likely to believe reflects the opinions, beliefs, findings or experiences of a party other than the sponsoring advertiser….”
Disclosure of relationship of endorsees to the advertisers
Examples of Abuse or Deception:
Paid positive postings
Employees who hype employer’s products
How To Proceed
Determine how to meet regulatory obligations
Identify and understand all potential exposures
Document social media usage policies
Start small with a corporate presence
Control access and enforce compliance
Expand presence incrementally with caution
Key Social Media Considerations
It is no longer a question of whether a social media policy is needed, it is more a matter of what that policy proscribes and how the risks associated with social media are to be managed.
Do you presently have a document retention and governance policy that includes social media? Consider that they should be part of the same document.
Do you have a plan for preservation and the collection of social media from a technical perspective?
Basic key considerations for constructing that policy are:
Short and long term data storage strategies—What is being retained that does not need to be?
Audit processes—Is there a system to monitor social media, internal and external facing?
Enforcement Protocols—Is the appropriate access being granted or denied to websites, users and certain functionality?
Litigation Response Plans—When the duty to preserve kicks in, is there a plan to deploy litigation hold “in place” and to collect the data? How will it be reviewed?
Employee Education and Training Programs—Are employees aware of the guidelines surrounding social media use and have they been properly trained?