10-30-13 Social Media and Confidentiality Presentation
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10-30-13 Social Media and Confidentiality Presentation

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October 30, 2013 presentation on social media and confidentiality by Jonathan I. Ezor of the Touro Law Center for Innovation in Business, Law and Technology for the IP Law Committee of the Nassau ...

October 30, 2013 presentation on social media and confidentiality by Jonathan I. Ezor of the Touro Law Center for Innovation in Business, Law and Technology for the IP Law Committee of the Nassau County Bar Association in Mineola, NY.

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10-30-13 Social Media and Confidentiality Presentation Presentation Transcript

  • 1. SOCIAL MEDIA AND CONFIDENTIALITY: The Ease of Intentional (and Unintentional) Disclosures Prof. Jonathan I. Ezor Touro Law Center for Innovation in Business, Law and Technology jezor@tourolaw.edu @ProfJonathan on Twitter Nassau County Bar Association Intellectual Property Law Committee October 30, 2013
  • 2. Confidentiality Key to Business • Confidentiality crucial to many business contexts – – – – – Due diligence Joint ventures Employment Technology Media • Many professions have confidentiality obligations • Law relevant as well • Can be necessary to preserve trade secret protection jezor@tourolaw.edu
  • 3. NDA: Prohibition ≠ Prevention • Non-disclosure agreements key tool for preserving confidentiality • Standalone or included in other agreements/policy documents • Set forth obligations for/limitations on confidentiality • Cannot prevent disclosure jezor@tourolaw.edu
  • 4. Risk Management for Sensitive Information • Those sharing confidentiality information must assess, manage risks – – – – Selective disclosure Redaction/anonymizing data Access restrictions Agreements • Mobile devices, Internet add to concerns jezor@tourolaw.edu
  • 5. Social Media: Antithesis of Confidentiality • Social media designed to enable, encourage information sharing • May be accessed via Web, mobile, even text messages • Brevity balanced by links, metadata – GPS/location info – EXIF data in photos • Difficult to separate personal/professional, public/private jezor@tourolaw.edu
  • 6. http://shankman.com/be-careful-what-youpost/ Many of my peers and I feel this is inappropriate. We do not know the total millions of dollars FedEx Corporation pays Ketchum annually for the valuable and important work your company does for us around the globe. We are confident however, it is enough to expect a greater level of respect and awareness from someone in your position as a vice president at a major global player in your industry. A hazard of social networking is people will read what you write.
  • 7. The visitor had recently learned that Tocquigny was wooing one of his company's competitors—by seeing a message that one of Tocquigny's employees had posted to Twitter. "It took me by surprise," says Tocquigny. "I realized that we needed to be more cautious about what we throw out there in to the universe."
  • 8. Apple's code of silence extends to 140-character messages on the microblogging site Twitter. During an in-person meeting with Apple representatives in February, Wall Street Journal Deputy Managing Editor Alan Murray posted a short message to Twitter that announced he was using the device. The tweet was later removed from the site.
  • 9. Risk Management Approaches for Social Media • Policies • Training – Tools – Best practices • Industry-specific requirements • Monitoring – Self – Others • Insurance jezor@tourolaw.edu
  • 10. QUESTIONS? jezor@tourolaw.edu