Gagnier's Portion of TechWeek Chicago Presentation

YouSued.comLaw & Social Data By: David M. AdlerLeavens, Strand, Glover & Adler, LLC 203 North LaSalle Street, Suite 2550 Chicago, Illinois 60601 @adlerlaw

UseofSocial

OverviewMany Businesses & Individuals Lack ResourcesInadequate understanding of legal and regulatoryrequirementsRights owners and Users can beneﬁtIgnorance = Risk content removed civil and criminal penalties Lost time, money and business opportunitiesLearn the “Rules of the Road” for creation,commercialization and enforcement of the rights and

CopyrightProtects ContentRights AcquisitionInfringement IssuesDigital Millennium Copyright Act(DMCA)Non-Preemptable Common LawClaims Hot news, Breach of Contract, Digital Tresspass

Right of PublicityRight to control and to choose whether andhow to use an individual’s identity forcommercial purposesPersonal Identity Attributes: (i) name, (ii)signature, (iii) photograph, (iv) image, (v)likeness, or (vi) voice19 states with Rt. Of Publicity Statutes, 28states recognize common law rightDefenses: identity not used (Question of fact),

TrademarksScopeCopycats: Brandjacking / CybersquattingComparative AdvertisingLiability For Trademark InfringementDefensesProduct Placement

DefamationDeﬁnition: slander (statements) and libel (written, broadcast, or published) FALSE claim, either express or implied Per Se (crime, disease, integrity, sexual conduct) & Per QuodDefamation In Cyberspace (Section 230) Former Head / VP Indian Cricketing League ﬁned US$140,000 for Libelous Tweet.Selected Defenses:IL: (i) fair report privilege, (ii) substantial truth, & (iii)

Content & Speech RegulationObscenity / Communications Decency Act - ObsceneMaterialsChildren: Childrens Online Privacy Protection Act(COPPA) & Childrens Internet Protection Act (CIPA)State RegulationFirst AmendmentState Laws NY bills S6779 A8688 - would ban “anonymous” speech AZ bill 2529 – criminalizes any speech that could be construed as cyber-bullying WA SB 6251 – criminalizes providing access to third parties “offensive” materials by online service

Marketing IssuesCAN-SPAMPromotions Sweepstakes / ContestsFTC Endorsement / Testimonial GuidelinesRegulate Industries: FTC, FDA, FINRA, SEC,NLRBPlatforms/Transmedia

Workplace IssuesThe NLRB released 3 Reports, the latest May 30, 2012 An employer violates the Act if a rule “would reasonably tend to chill employees in the exercise of their Section 7 rights.”Practical Applications No Policy. According to Grant Thornton, as of Nov. 2011, 79% of companies surveyed did not have social media policies Policy Unenforceable. In 2011, the NLRB had received 129 cases involving social media Policy Unclear. Training employees is just the beginning; AU telecom co. Telstra (40,000+ employees) mandates training “3Rs” – responsibility, respect and representation Policy Outdated. Oct. 2011 FTC settles with Frostwire, developer of p2p ﬁle-sharing application over the default privacy settings Loss of Trade Secrets. Phonedog. Christou v. Betaport

Due DiligenceContracts/Policies/Procedures Social Media & Privacy BYOD Affiliates/Sponsors/ContractorsClearance Copyright/Trademark/Right of PublicityCompliance State & Federal Regulations

Thank You!David M. Adler | Leavens, Strand, Glover & Adler, LLC 203 North LaSalle Street, Suite 2550 Chicago, Illinois 60601 Direct: (866) 734-2568 Fax: (312) 275-7534 www.ecommerceattorney.com www.lsglegal.com adlerlaw.wordpress.com @adlerlaw

LAW &SOCIALDATA

Experience won’t just be about the tool youbuild, but it will include how you managesensitive data and how you respect users.

This talk is not about Facebook.This talk is about you.

uncharted legal territory What do we mean by “privacy?”

Distinguishing Fourth Amendment fromprivacy in the civil sense.

Electronic Communications Privacy Act

Personally Identiﬁable Information (Pii)

“Personally identifiable information” is information thatidentifies a particular person. “Pii” includes: • Full name; • National identification number; • IP address; • Vehicle registration plate number; • Driver’s license number; • Face; • Fingerprints; • Handwriting; • Credit card numbers; • Digital identity; • Date of birth; • Birthplace; and • Genetic information.

federal movement on privacy I just want to build cool stuff. Why should I care?

Problem #1: The laws around data reside inindustry silos.

Few pieces of key legislation: Do Not Track Act Commercial Privacy Bill of Rights Act of 2011 Personal Data Privacy and Security Act Secure and Fortify Electronics Data Act (SAFE) Data Security and Breach Notiﬁcation Act

Problem #2: They aren’t getting it in DC.

Silicon Valley, Alley, Beach > DC

Problem #3: This isn’t going away.

FTC Action Opting Out = ScanScout Children’s Privacy = SkidKids

California Privacy Policy Required

oh crap. What Developers Can Do

What people care about:Data controlData minimizationData portabilityData withdrawal

Here are a few places to start:

Conducting an assessment on privacy anddata security.

Audit:

typeAudit:

type amountAudit:

type amountAudit: use

type amountAudit: use intake

Architectural solutions to privacy. Build withprivacy in mind.

Policy solutions to privacy.

Privacy policies and practices in theircurrent incarnation are not working.

kidz. yes, different rules apply.

MinorsChildren’s Online Privacy Protection Act

Children’s Online Privacy Protection ActRequires websites to get parental consentbefore collecting or sharing info for childrenunder 13Enforced by the Federal Trade CommissionApplies to commercial websites and otheronline servicesIf you know you have minors on your site, closethe accounts

Children’s Online Privacy Protection ActTo comply: Post a privacy policy/advise whenever personal information collected Parental notice, consent, access to information Can’t condition participation on providing more info Conﬁdentiality & security of information

keeping all things “cyber” secure. super duper uncharted legal territory.

Current Legal Regime Applied:Computer Fraud and Abuse ActEconomic Espionage ActState Level Regulation

Hillz? Send those files to China? Text Shit.

We just scratched the surface.

Lawyer Christina Gagnier @gagnier gagnier@gamallp.co m

LAW &SOCIALDATA

Gagnier's Portion of TechWeek Chicago Presentation

by gamalaw on Jun 24, 2012

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Gagnier’s Portion of TechWeek Chicago Presentation Presentation Transcript