Social media: Legal and business challenges

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This is a presentation for the IT Governance Forum which ran between 24 and 27 November 2009. My goal was to highlight concrete risks that social media poses and some of the ways to address those risks.

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  • Doug, there are resources on Facebook itself which may help. Take a look at http://www.facebook.com/help/#/safety/ as a starting point.
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  • What action can I take to get the negative postingremoved from a person's facebook which is posted whenever my name is typed?
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  • Where can I go to take action for persnoal defamation against me on a person's facebook which is posted whenever my name is logged?
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  • This presentation is the culmination of a review and reporting process.
  • Online communities can be tricky animals to manage. They tend to have minds of their own and they use your platform to express them.
  • Online communities can be tricky animals to manage. They tend to have minds of their own and they use your platform to express them.
  • Freedom of expression is constitutionally protected although not unqualified.
  • Or take an active role in minimising risks of liability
    Moderate content (automatic and manual)
    Community participation in identifying problematic content
    Reporting on “abuse”
    etc
  • You could always take your chances and hope for the best ...
  • You need to know who owns the content if you are going to get permission to use it.
  • Copyright is restrictive and not always conducive to sharing.
  • There are a number of options available when it comes to content licensing.
  • One way you can use that content is to license it using a custom designed content license
  • And there are Creative Commons licenses.
  • Creative Commons licenses are free licenses comprising combinations of 4 basic elements to give you options.
  • Creative Commons licenses are free licenses comprising combinations of 4 basic elements to give you options.
  • Creative Commons licenses are free licenses comprising combinations of 4 basic elements to give you options.
  • The right to privacy is a fair general right to privacy. Collecting and processing personal information is a violation of this right and this. Legitimate expectation of privacy gives content to the right to privacy and consent circumvents an otherwise legitimate expectation of privacy.
  • The ECT Act’s provisions are meant to be temporary. Unsatisfactory protection given voluntary nature of the protection. Given the Bill of Rights it is important that companies look at this issue seriously and implement steps to protect personal information.
  • Draft bill but an important sign of what is to come. Extensive protection of personal information. It will radically change how we see personal information.
  • There are many categories of personal information
    Some are more sensitive than others
  • Aside from a general lack of awareness of the issues, companies often neglect to establish the best legal framework for their sites.
  • Current terms of use contain dated terms and are inadequate given challenges ITWeb faces online.
  • Rapidly changing landscape.
    Essential to keep pace with new developments in terms of use
  • Make sure users know what personal information is being collected and processed. Make sure you get their consent. Consent must be informed.
  • Social media: Legal and business challenges

    1. 1. Social media
    2. 2. Social media Legal and business challenges
    3. 3. “A powerful global conversation has begun. Through the Internet, people are discovering and inventing new ways to share relevant knowledge with blinding speed. As a direct result, markets are getting smarter— and getting smarter faster than most companies.” The Cluetrain Manifesto (2000) @ cluetrain.com
    4. 4. The Web has changed
    5. 5. Its about being social ...
    6. 6. ... in th e dig ita la ge ...
    7. 7. ... and increasingly in realtime.
    8. 8. The social Web is not just about being shiny happy people ...
    9. 9. Your customers are having conversations about you Are you even part of that conversation?
    10. 10. customers have new tools and a longer reach
    11. 11. customers have new tools and a longer reach
    12. 12. ... and so on ... the network effect in social media
    13. 13. You suck! ?!
    14. 14. Social media = expression
    15. 15. Freedom of expression can be liberating
    16. 16. Do you have control over the conversation?
    17. 17. 09-f9-11-02-9d-74-e3-5b-d8-41-56- c5-63-56-88-c0 http://bit.ly/diggcodestory
    18. 18. Getting the community involved
    19. 19. ... it can be a gamble ...
    20. 20. You might also be amazed ...
    21. 21. Are your employees using ...
    22. 22. Are your employees using ...
    23. 23. You have to understand social media Sensitive information being disclosed?
    24. 24. New(ish) buzzwords brandsquatting Cybersquatting (domain names) typosquatting
    25. 25. Manage your content licensing process
    26. 26. The problem is that © ≠ sharing
    27. 27. There are a couple options
    28. 28. Existing law Bill of Rights (Chapter 32) Consumer Protection Act PAIA ECT Act RICA
    29. 29. “POPIA”
    30. 30. Informed consent!
    31. 31. Categories of “personal information” Ordinary personal information versus special personal information.
    32. 32. Data Protection Ensure the personal information collected is “complete, not misleading, up to date and accurate”; Secure integrity of personal information against risk of loss or damage; Protect against unlawful or unauthorised access or processing; Identify reasonably foreseeable internal and external risks; Generally accepted infosec practices and procedures * Principle 6: draft POPIA
    33. 33. When employees go astray
    34. 34. Building on your success ...
    35. 35. or building their own platforms with your tools
    36. 36. Potential impact?
    37. 37. Restraint of trade Reasonableness requirements Enforceable Potentially costly Set precedents
    38. 38. Stay in the loop
    39. 39. Remember its all about relationships
    40. 40. Build better legal frameworks
    41. 41. Terms of use Don’t forget details like jurisdiction, choice of law and ECT Act compliance webtechlaw.com/anatomy- website-terms-use
    42. 42. Ongoing review to ensure terms address new developments
    43. 43. Privacy policy
    44. 44. Thank you!
    45. 45. Paul Jacobson Web and digital media lawyer paulj@jacobson.co.za webtechlaw.com facebook.webtechlaw.com @webtechlaw.com

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