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The Legal Implications of Social Media

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Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in …

Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.

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  • 1. The Legal Implications of Social Media for Business
    • Kelly Twigger | ESI Attorneys
    • Sara Meaney | Comet Branding + PR
  • 2. PRESENTERS | Kelly Twigger owner and founder ESI Attorneys Former partner Quarles & Brady LLP Guest lecturer, Marquette University Law School Milwaukee Business Journal: Forty Under 40 Class of 2010 E-discovery expert Kentucky basketball fanatic Kentucky Derby -- Official Host First Computer: IBM AS2 First Blog Post: December 2007 First Tweet: August 2009
  • 3. PRESENTERS | Sara Meaney partner | left brain | co-owner Comet Branding + PR Social media, PR and strategic marketing pro Co-founder of Social Media Club, Milwaukee Guest lecturer, Communications: UW-Whitewater, Marquette Milwaukee Business Journal: Forty Under 40 Class of 2010 Co-host of Comet Radio Blogger, Twitterer, Foursquare junkie Metrics geek Favorite karaoke song: Don’t Stop Believin’ First computer: Commodore 64 First Tweet: August 2008 Twitter followers: 5,183
  • 4.
    • Disclaimer, Assumptions and Assurances
    • The Business Case for Social Media
    • Legal Issues in Social Media
    • Kelly: Mitigation measures: training, education
    • Kelly: Document management
    • Thoughts on organizational policy
    • Questions
    SOCIAL MEDIA | OVERVIEW |
  • 5. POP QUIZ | SOCIAL MEDIA | 1. What do you call a message sent out via Twitter? a. SMS b. Tweet c. Twit d. Perplexing
  • 6. POP QUIZ | SOCIAL MEDIA | 1. What do you call a message sent out via Twitter? a. SMS b. Tweet c. Twit d. Perplexing DID YOU KNOW? 50 million tweets are sent per day
  • 7. POP QUIZ | SOCIAL MEDIA | 2. Which group is the largest user demographic on Facebook? a. 0 - 17 b. 18 - 24 c. 25 - 34 d. 35 - 54 e. 55+
  • 8. POP QUIZ | SOCIAL MEDIA | 2. Which group is the largest user demographic on Facebook? a. 0 - 17 b. 18 - 24 c. 25 - 34 d. 35 - 54 e. 55+
  • 9. POP QUIZ | SOCIAL MEDIA | 3. How many searches does Google handle per day ? a. 15.3 million b. 32.7 million c. 807.4 million d. 1.3 billion e. 2.7 billion
  • 10. POP QUIZ | SOCIAL MEDIA | 3. How many searches does Google handle per day ? a. 15.3 million b. 32.7 million c. 807.4 million d. 1.3 billion e. 2.7 billion source: comScore Does not include BING, Yahoo, or any other search engines WOW.
  • 11.
    • This is not another Social Media 101 lecture.
    • This contents of this presentation will not strengthen your argument against using social media for business.
    • We are unapologetic users and advocates for the strategic use of social media for business.
    • Tweeting live comments during this session may result in shared knowledge and business opportunities. Proceed with caution.
    SOCIAL MEDIA | DISCLAIMER |
  • 12.
    • You have used Google at least once in your lifetime. Or you know someone who has.
    • You’ve heard of Twitter, Facebook, LinkedIn and YouTube before.
    • You acknowledge that the aforementioned social media sites have some relevance to you and/or your business.
    • You want to know more about the uses of these sites and the implications/risks involved.
    SOCIAL MEDIA | ASSUMPTIONS |
  • 13.
    • You’ve come to the right session.
    • You can ask questions both during and after the presentation.
    • You are encouraged to use social media during the presentation; we will not be offended or distracted by it.
    SOCIAL MEDIA | ASSURANCES |
  • 14.
    • Audience attention span is short
    • Increasingly noisy online marketplace
    • Cross-functional applications
    • Measurable: cause-effect
    • ROI - if leveraged strategically
    SOCIAL MEDIA | BUSINESS CASE |
  • 15. BUSINESS CASE | ATTENTION SPAN IS SHORT | *source: Nielsen Norman Group n= 45,000+ page views YIKES! *Online readers only read 20% of the words on the screen.
  • 16. BUSINESS CASE | IT’S NOISY ONLINE | DID YOU KNOW? Social media contributes to your SEO and improves findability.
  • 17. BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS | Customer service via Twitter Direct sales through Twitter Crowd-sourced product innovation: IdeaStorm Entrepreneur community hub Market research Facebook for recruitment: 45,000+
  • 18. BUSINESS CASE | MEASURABLE: CAUSE - EFFECT | B.S. Example: (Before Social Media) A.S. Example: (After Social Media)
  • 19. BUSINESS CASE | DIRECT RETURN ON INVESTMENT | B2B client example: Significant increase in qualified client prospects More new business meetings
  • 20. BUSINESS CASE | WORKING IT OUT |
    • Marketing/Communications and Legal can sometimes be adversarial.
    • Gotta get past that for social media to be effective.
    • Knowing the facts will support collaboration.
  • 21. WHAT YOU SHOULD KNOW | LEGAL ISSUES |
    • Content ownership -- whose is it and what does delete mean?
    • Utilizing third party content (RT@, YouTube)
    • Employer liability for content
    • Using social media for hiring -- do’s and don’ts
    • Discoverability of ESI on social media
    • How to mitigate risks
  • 22. LEGAL ISSUES | BASIC TENENTS |
    • Very little case law yet on these issues; law still developing
    • ESI = Electronically Stored Information
    • Seek legal advice where risk is high
    • Same law applies to electronic communications as written ones
    • If you post it, you own it
  • 23. LEGAL ISSUES | POSTING THIRD PARTY CONTENT |
    • U.S. Copyright Act, 17 U.S.C. Section 101, et. seq. prohibits using any third party content, i.e. photos, videos or songs taken by or belonging to someone else; civil and criminal with treble damages and fees
    • Digital Millenium Copyright Act (sec. 512) -- protects site from liability
  • 24. User/poster owns content LEGAL ISSUES | WHO OWNS POSTED CONTENT? |
    • Text
    Deleted does not mean gone
  • 25. LEGAL ISSUES | UTILIZING SOCIAL MEDIA FOR HIRING |
    • Posting recruiting information
    • Reviewing social media sites for prospective hires
  • 26. LEGAL ISSUES | DISCOVERY OF ESI ON SOCIAL MEDIA |
    • Rules governing discovery of information in litigation expanded to allow for discovery of ESI
    • All ESI that is relevant or responsive in litigation is discoverable
    • Same level of analysis of written materials put out by companies needs to be made with social media; a tweet can and will be evidence
  • 27. LEGAL ISSUES | DISCOVERY OF ESI ON SOCIAL MEDIA | Uncle Sam knows social media and he knows how to get it And now he owns it too!
  • 28. LEGAL ISSUES | MITIGATING THE RISKS |
    • Establish well thought out, readable policy for acceptable use of social media
    • Provide age appropriate training for users; consider video and written policy
    http://www.sun.com/communities/guidelines.jsp
  • 29. LEGAL ISSUES | MITIGATING THE RISKS |
    • Establish communication between legal and dept utilizing social media for legal review
    • Understand retention of ESI for sites you are using
    • Develop and execute on planned social media strategy; avoid surprises or rogue employees
  • 30. LEGAL ISSUES | SOCIAL MEDIA GOLDEN RULES | When in doubt, don’t. You are personally responsible for material you post. Always identify yourself. Identify personal opinions as personal. Be consistent, ethical and respectful.
  • 31. THANK YOU | QUESTIONS? | QUESTIONS?
  • 32. THANK YOU | CONTACT US | [email_address] Twitter: @kellytwigger Phone: 414.375.2015 Web: esiattorneys.com [email_address] Twitter: @sarameaney Phone: 414.672.8777 Web: cometbranding.com slideshare.net

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