The Legal Issues of Social Media

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  • On this slide, you can see the growth of social media across all age groups, led by the 18-29 segment. Moreover, we’re seeing companies increasingly turn to social for business purposes. 71% of companies are using Facebook, 59% Twiiter, and a third are using YouTube. Blogging is playing a more critical role in firm marketing efforts.
  • In fact, Gartner predicts by the year 2014, social networking services will replace email as the primary vehicle for interpersonal communications for 20% of us business users. This growth is veryimpressive but with it comes a new set of headaches. . .
  • Osterman Research conducted a study and found that corporate users spend an average of 18 minutes on a typical workday using social networking tools (or about 4% of their workday). Indeed our own survey showed a change from 2009 to 2010 in the business use of Twitter, going from 13% of users to 78% , a 6-fold increase.Adoption of social computing and social networking in the enterprise is being driven by individuals and departments within the company, such as the Marketing & PR teams who want to use social networking for corporate messaging and advertisements or analysts who wish to publish “market”-relevant data. These are the folks who need write access.Conversely, there are those corporate users that only need read-only access. This could be departments like HR/Compliance/IT Security, which use social media to research new hires or conduct investigations. And then there’s the issue of personal use. We’ve found that restricted personal use is generally OK so long as clear guidelines are made available company-wide.
  • Taking a closer look at the specific features of the Socialite platform, it’s possible to control the activities of organizations, groups, or even individual users by setting policies, such as “only Marketing can post content” or “HR can have only read-only access to LinkedIn”. If the moderation of content is important to you (perhaps if you’re FINRA-regulated), then it’s now possible to have a second pair of eyes reviewing content before it’s posted, with little impact on the end user. And if that content is inappropriate, you can block it. If you want to enable the use of Facebook, LinkedIn, or Twitter, but block the use of thousands of applications within them, then that’s also doable, as is the logging and archiving of all activity and content, so that you have a full picture of the real-time communications of and between your users. At Actiance, we’ve been in the business of real-time communications security, management, and compliance since 2001, so we understand and know how to seamlessly integrate these real-time controls with your existing IT infrastructure.
  • This slide should resonate well with those of you familiar with the eDiscovery Reference Model. Essentially, from identification to preservation to analysis and production, the steps that applied to email also apply to social media.
  • And applying those controls is simple: from controlling access to more than 1000 social networking sites to incredibly granular control of tens of thousands of applets on Facebook. We allow you to set controls by category or right down to the individual application. For example, if want to allow access to Facebook Business applications but not Facebook Chat, you can set up Socialite that way. Or, you can block Farmville if you don’t people playing around with this popular game.
  • In fact, when it comes to Facebook, LinkedIn, and Twitter, there are 160 different features where controls can be applied. So if you don’t want people Liking on Facebook or recommending others on LinkedIn, you can block these. You may want to allow only Marketing to post content on behalf of your company. Or, perhaps you don’t want to let your compliance team from using Facebook Careers.
  • We also enable you to set your policies through easy pointing and clicking. You can choose to either Store, Alert, Block, or Moderate, or any combination of these four controls, for Facebook, LinkedIn, and Twitter. Furthermore, you can configure Socialite to automate the review process through the use of lexicons such that certain keywords or phrases will trigger the system to withhold messages. For instance, if it’s a social security number or credit card number format, you can set a policy so that the system will catch and hold those messages that have that format.
  • We also capture all the activities and posts of users on Facebook, LinkedIn, and Twitter – in context. I’ll give you an example.Ted makes the comment “I guarantee it”. He could’ve been talking about the upcoming Lakers-Celtics basketball game, or he could’ve been talking about an investment recommendation. His comment is not only logged and archived but it is done so in context. A full transcript is presented so that a reviewer or auditor can easily see the essence of the conversation and not have to piece together snippets of content from a vast archive and guess its true meaning. Moreover, these transcripts can be exported to an archiving platform of your choice, thus facilitating eDiscovery requirements.


  • 1. Legal Issues of Social MediaThe Legal Issues of Social MediaVictor GaxiolaSubject Matter Expert: Social Media and Proprietary © 2011, Actiance, Inc. All rights reserved. Actiance and the Actiance logo are trademarks of Actiance, Inc.
  • 2. Agenda About Actiance Convergence Risks of Using Social Media Key Legal Issues & Statutes Regulation and eDiscovery Cautionary Tales Socialite Features
  • 3. About Actiance Enable the New Internet – 5,000+ Web 2.0 apps, Unified Communications, Social Networks Global operations – USA, EMEA, India, Asia/Pacific Market Leader – 9 of the top 10 US banks – Top 5 Canadian banks • 3 of the top 5 energy companies Broadest Partner Ecosystem – Technology alliances
  • 4. Social media is explodingSource: “The Growth of Social Media: An Infographic,” Search Engine Journal, August 30, 2011
  • 5. Trending… “By 2014 social networking services will replace e-mail as the primary vehicle for interpersonal communications for 20 percent of business users.” GARTNER PRESS RELEASE, FEBRUARY 2, 2010
  • 6. So who’s using Social Media? And Why? Sales & Marketing • Promotions • Advertising • Branding HR • Background Checks • Recruiting Scientists & Researches • Information exchange • Collaboration IT • Investigation of security breaches
  • 8. Key Legal Issues of Social Media Privacy Content Ownership Intellectual Property Infringement Unauthorized Activities • Harassment • Discrimination • Unfair competition • Defamation • Confidential info Regulatory Compliance
  • 9. Key Statutes for Operators and Usersof Social Media Sites Stored Communications Act Section 512(c) of the DMCA Section 230 of the Communications Decency Act No statutory immunities for users
  • 10. Industry-Specific Legislation and Regulatory Bodies FINANCIAL ENERGY HEALTHCARE GOVERNMENT HIPAA State of Oregon FINRA FERC Florida GRS SEC NERC FDA State of GLBA CFTC North Carolina PCI DSS NFA State of Massachusetts
  • 11. Cautionary Tales Anthony Fields Jenny Ta Lester v Allied Concrete (Nos. CL.08-150, CL09-223 (Va. Cir. Ct. Sept. 1, 2011)
  • 12. Introducing Socialite Enable Social Media
  • 13. Available ControlsFeature BenefitActivity controls Assign different access rights depending on roles and responsibilitiesApplication controls Ensure employee productivity and adherence to corporate policiesModeration Prevent leakage of confidential information or inappropriate content Remain compliant with regulatory, eDiscovery, & corporate governanceLogging and archiving guidelinesExport of data Facilitates record retention requirements
  • 14. Look familiar?Issue SolutionIdentification Decide what you need to archive Log and archive per regulatory, eDiscovery, or corporateCollection governance guidelinesPreservation Export stored data to any email archive or WORM storage Enable search by keywords, custodian, context, orReview network/feature
  • 15. Social Networking Application Control Control access to individual social media sites Allow/block applications on popular sites
  • 16. Social Networking Feature Control Control features or areas of content posting by user or group
  • 17. Content Monitoring Several monitoring options – Lexicons – Alerts – Outright blocking – Pre-review
  • 18. Capture of Social Networking Posts Social networking activity and posts are captured All the captured events are searchable and exportable to eDiscovery and archiving platforms
  • 19. Next StepsRequest a demo or evaluation (888) 349-3223 @ActianceFurther reading “Legal Issues of Social Media” whitepaper “Social Media and Litigation: Outlining eDiscovery Issues” whitepaper Actiance Collateral Library Actiance webinars Social Media eDiscovery Issues Interpreting FINRA 10-06 and 11-39
  • 20. Thank You