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50 Shades of Social Media: Navigating Policies, Laws, and Ethics
 

50 Shades of Social Media: Navigating Policies, Laws, and Ethics

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Do you struggle with what you (and your colleagues) can and should say, or how you should respond to situations using social media? In this presentation for the Nonprofit Technology Conference, we ...

Do you struggle with what you (and your colleagues) can and should say, or how you should respond to situations using social media? In this presentation for the Nonprofit Technology Conference, we consider real-world situations, walk through five ethical frameworks you may use to resolve social media conundrums, and look at ways to integrate ethical considerations into your social media policies, training, and practices. This presentation also walks through the case study of Phonedog v. Kravitz, a case involving who owns Twitter followers, and social media policy do's, don'ts, and supporting resources.

This presentation was developed and presented at the 2014 Nonprofit Technology Conference by Debra Askanase (Community Organizer 2.0, National Brain Tumor Society), Farra Trompeter (Big Duck), Carly Leinheiser (Perlman and Perlman), and Ashley Lusk (Threespot). The presentation design was created by Threespot.

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  • Definition of ethics. Take a moment to talk about how this would apply to social mediahttp://www.flickr.com/photos/61787893@N00/275371357/ <br />
  • Source: http://www.scu.edu/ethics/practicing/decision/framework.html <br />
  • Source: http://www.scu.edu/ethics/practicing/decision/framework.html <br />
  • Source: http://www.scu.edu/ethics/practicing/decision/framework.html <br />
  • Definition of ethics. Take a moment to talk about how this would apply to social mediahttp://www.flickr.com/photos/61787893@N00/275371357/ <br />
  • Source: http://www.flickr.com/photos/7298413@N06/5476227731/ <br />

50 Shades of Social Media: Navigating Policies, Laws, and Ethics 50 Shades of Social Media: Navigating Policies, Laws, and Ethics Presentation Transcript

  • 50 Shades of Social Media: Navigating Policies, Laws, & Ethics #14NTCshades Debra Askanase Carly Leinheiser Ashley Lusk Farra Trompeter1  
  • today’s session STANDARDS OF BEHAVIOR • FRAMEWORK FOR MAKING ETHICAL DECIONS • UNPACKING A CASE • BREAKOUTS: LEGAL, POLICY, CULTURE, ONLINE • REPORT-BACKS 50 SHADES OF SOCIAL MEDIA #14NTCshades
  • WHO’S WHO 50 SHADES OF SOCIAL MEDIA #14NTCshades DEBRA ASKANASE @AskDebra CARLY LEINHEISER @DotCarly ASHLEY LUSK @Arlusk FARRA TROMPETER @Farra
  • tweet # 14NTCshades 50 SHADES OF SOCIAL MEDIA #14NTCshades
  • STANDARDS OF BEHAVIOR how human beings ought to act in situations 50 SHADES OF SOCIAL MEDIA #14NTCshades
  • STANDARDS OF BEHAVIOR ETHICS IS NOT… 50 SHADES OF SOCIAL MEDIA #14NTCshades feelings religion cultural norms the lawscience
  • •  The Utilitarian Approach: Which option will produce the most good and do the least harm? •  The Rights Approach: Which option best respects the rights of all who have a stake? •  The Justice Approach: Which option treats people equally or proportionately? •  The Common Good Approach: Which option best serves the community as a whole, not just some members? •  The Virtue Approach: Which option leads me to act as the sort of person I want to be? STANDARDS OF BEHAVIOR 5 SOURCES OF ETHICAL STANDARDS 50 SHADES OF SOCIAL MEDIA #14NTCshades
  • 50 SHADES OF SOCIAL MEDIA #14NTCshades FRAMEWORK FOR MAKING ETHICAL DECISIONS
  • Is it an ethical issue? •  Yes or No Get the facts: Situational facts •  Who is impacted •  Options for acting Evaluate alternative options •  Utilitarian option •  Rights Approach •  Justice Approach •  Common Good Approach •  Virtue Approach 50 SHADES OF SOCIAL MEDIA #14NTCshades FRAMEWORK FOR MAKING ETHICAL DECIONS Which option is best for my situation? Make a decision and test it: •  “If I told my parents, how would they react?”
  • CASE STUDY who owns Twitter followers? 50 SHADES OF SOCIAL MEDIA #14NTCshades http://www.digitaltrends.com/wp-content/uploads/2012/03/twitter.jpg
  • Noah Kravitz tweeted under the name “Phonedog_Noah,” amassing 17,000 Twitter followers. He parted ways with Phonedog in October 2010. The company originally did not object to him keeping the account, which he renamed “NoahKravitz,” so long as he occasionally used it to promote Phonedog. After a dispute over back wages owed to Mr. Kravtiz, Phonedog brought suit against Mr. Kravitz in the Northern District of California for damages of $340,000, arguing that Mr. Kravitz had misappropriated company trade secrets and converted company property when he refused to hand over the login credentials to the old “Phonedog_Noah” account. The case ultimately settled. Mr. Kravitz continues to use the “NoahKravtiz” account, which now has over 22,000 followers. 50 SHADES OF SOCIAL MEDIA #14NTCshades CASE STUDY PHONEDOG V. KRAVITZ
  • Laws and legal norms around social media are still evolving. Without clear guidance from statutes or case law, it is difficult to predict the outcome of any particular case. Whether a social media account belongs to an employee or an employer will depend on a number of factors. •  Who opened the account and when? •  Was the account opened on the employee’s own initiative or at the direction of the employer? •  Who writes, edits, and approves the content? 50 SHADES OF SOCIAL MEDIA #14NTCshades CASE STUDY LEGAL LESSONS & OUTCOMES
  • •  Is the account used exclusively or primarily for work or personal purposes, or is it somewhere in between? •  Who has access to the account? Who knows the username and password? •  Is the account name a trademark owned by the company? •  Is there a contract or written policy that addresses the issue? 50 SHADES OF SOCIAL MEDIA #14NTCshades CASE STUDY LEGAL LESSONS & OUTCOMES
  • •  Communicate clearly at the beginning of the employment relationship about whether a particular account belongs to the employee or to the organization, and what will happen to the account if the employee leaves. •  Review any written social media policies with a lawyer familiar with employment law. •  Work with your lawyer to draft a social media policy that is narrowly tailored to your organization’s needs, and does not violate the National Labor Relations Act, which protects the rights of employees to engage in “concerted action” for mutual aid and protection, including discussing working conditions online. 50 SHADES OF SOCIAL MEDIA #14NTCshades CASE STUDY A FEW POLICY DO’S & DON’TS do…
  • 50 SHADES OF SOCIAL MEDIA #14NTCshades CASE STUDY A FEW POLICY DO’S & DON’TS do not… •  Ask employees to provide login credentials for their personal social media accounts. •  Use an individual employee’s name as the account name on any social media account belonging to the organization. •  Adopt policies that violate the terms of use of applicable social media platforms or the National Labor Relations Act.
  • 50 SHADES OF SOCIAL MEDIA #14NTCshades CASE STUDY WHO “OWNS” A SOCIAL MEDIA ACCOUNT? 1.  An independent contractor opens a twitter account while working for a particular company. 2.  The twitter handle includes the contractor’s name and the name of the company. 3.  The twitter account is not the company’s official account, though one of the contractor’s job duties is to use the account to promote the company. 1.  The employee is the only person who knows the password and is able to access the account. 2.  When the contractor terminates his relationship with the company, the twitter account has 1,000+ followers. 3.  At the time the account was created, the company had no clear policy about ownership of social media accounts. How would you handle the following scenario?
  • ??How can the ethical approaches identified be applied to help employees and employers avoid disputes over social media accounts? 50 SHADES OF SOCIAL MEDIA #14NTCshades
  • BREAKOUTS 50 SHADES OF SOCIAL MEDIA #14NTCshades
  • 50 SHADES OF SOCIAL MEDIA #14NTCshades BREAKOUTS •  As an individual, should I be worried about what I say on my private Twitter account getting me fired? •  Should my organization add a social media policy to our employment contracts? •  Is it ethical to post to social media as someone else (ghostwriting)? •  As a community manager, is it okay to delete comments or ban members or participants? •  What do I need to know if my organization works with kids? What is COPPA and how does it apply? •  What should I know when working with for-profit partners on social media or cause marketing campaigns? Social Media Policy Ashley Social Media & the Law Carly The Culture of Social Media Debra/Farra
  • REPORT-BACKS 20  50 SHADES OF SOCIAL MEDIA #14NTCshades
  • Ethical paradigm frameworks: http://bit.ly/1hJ99pd Ethical Frameworks in Business and their Application to Social Media Marketing: http://bit.ly/1cqWvMw 50 SHADES OF SOCIAL MEDIA #14NTCshades REPORT-BACKS SOCIAL MEDIA ETHICS RESOURCES
  • Curated Pinterest board of social media policies: http://bit.ly/1q0Zte5 Idealware social media policy development workbook: http://bit.ly/1lwxan3 NLRB-approved sample social media policy: http://gt-us.co/1kuQMIa Big list of 100+ social media policies: http://bit.ly/1fXQ5na Social media policy checklist and guidance (slide deck): http://slidesha.re/1fXQ8PW 50 SHADES OF SOCIAL MEDIA #14NTCshades REPORT-BACKS SOCIAL MEDIA POLICY RESOURCES
  • National Labor Relations Board Fact Sheet on Social Media: http://1.usa.gov/1kU9Xbq Federal Trade Commission Disclosure Guidelines: http://1.usa.gov/1mSElHW Federal Trade Commission Guidance on Endorsements: http://1.usa.gov/1i3KSZW Federal Trade Commission Q&A on the Children’s Online Privacy Protection Act: http://1.usa.gov/1n7gdxU New York Attorney General’s Cause Marketing Guidelines: http://bit.ly/1eRosfv 50 SHADES OF SOCIAL MEDIA #14NTCshades REPORT-BACKS SOCIAL MEDIA LEGAL RESOURCES
  • From Wikipedia: http://bit.ly/1i3KdaW The court’s order on Defendant Kravitz’s motion to dismiss: http://bit.ly/1kuQUHG Views on the settlement: http://on.mash.to/OWWy8w and http://cnet.co/OWWCoG 50 SHADES OF SOCIAL MEDIA #14NTCshades REPORT-BACKS PHONEDOG CASE BACKGROUND
  • What did you think? EVALUATE THIS SESSION Or search by session title at www.nten.org/ntc/eval When you evaluate a session, you will be entered to win a prize! 50 SHADES OF SOCIAL MEDIA #14NTCshades