YouSued.comLaw & Social Data         By: David M. AdlerLeavens, Strand, Glover & Adler, LLC 203 North LaSalle Street, Suit...
UseofSocial
OverviewMany Businesses & Individuals Lack ResourcesInadequate understanding of legal and regulatoryrequirementsRights own...
CopyrightProtects ContentRights AcquisitionInfringement IssuesDigital Millennium Copyright Act(DMCA)Non-Preemptable Common...
Right of PublicityRight to control and to choose whether andhow to use an individual’s identity forcommercial purposesPers...
TrademarksScopeCopycats: Brandjacking / CybersquattingComparative AdvertisingLiability For Trademark InfringementDefensesP...
DefamationDefinition:  slander (statements) and libel (written, broadcast, or  published)  FALSE claim, either express or i...
Content & Speech RegulationObscenity / Communications Decency Act - ObsceneMaterialsChildren: Childrens Online Privacy Pro...
Marketing IssuesCAN-SPAMPromotions  Sweepstakes / ContestsFTC  Endorsement / Testimonial GuidelinesRegulate Industries: FT...
Workplace IssuesThe NLRB released 3 Reports, the latest May 30, 2012  An employer violates the Act if a rule “would reason...
Due DiligenceContracts/Policies/Procedures  Social Media & Privacy  BYOD  Affiliates/Sponsors/ContractorsClearance  Copyri...
Thank You!David M. Adler | Leavens, Strand, Glover & Adler, LLC         203 North LaSalle Street, Suite 2550              ...
LAW &SOCIALDATA
Experience won’t just be about the tool youbuild, but it will include how you managesensitive data and how you respect use...
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;  • ...
federal movement on privacy                  I just want to build cool stuff.                              Why should I ca...
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 ...
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 chi...
Children’s Online Privacy Protection ActTo comply:   Post a privacy policy/advise whenever   personal information collecte...
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
Gagnier's Portion of TechWeek Chicago Presentation
Gagnier's Portion of TechWeek Chicago Presentation
Gagnier's Portion of TechWeek Chicago Presentation
Gagnier's Portion of TechWeek Chicago Presentation
Gagnier's Portion of TechWeek Chicago Presentation
Gagnier's Portion of TechWeek Chicago Presentation
Gagnier's Portion of TechWeek Chicago Presentation
Gagnier's Portion of TechWeek Chicago Presentation
Gagnier's Portion of TechWeek Chicago Presentation
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Gagnier's Portion of TechWeek Chicago Presentation

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  • How we define user experience is going to change. \n
  • I am not here to rail against one company. This talk is applicable to companies of all shapes and sizes. \n
  • So, if you think you’re still trying to figure it all out, the legal and policy “systems” are already behind and trying to catch up. But, with one piece of legislation, the tables could be turned. A lot of this is based on norms, which we are trying to figure out.\n
  • I am not here to rail against one company. This talk is applicable to companies of all shapes and sizes. \n
  • This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
  • This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
  • This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
  • This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
  • So, if you think you’re still trying to figure it all out, the legal and policy “systems” are already behind and trying to catch up. But, with one piece of legislation, the tables could be turned. A lot of this is based on norms, which we are trying to figure out.\n
  • I am not here to rail against one company. This talk is applicable to companies of all shapes and sizes. \n
  • There are host of laws on privacy, they have just been created to address issues industry by industry. Consumer privacy and security online is just part of the newest set of considerations. Also, laws vary dramatically from country to country. \n
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  • This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
  • By they, I refer to Congress. \n
  • There is a disconnect between what happens in the private and public sector. Huge chasm between Silicon Valley and Washington, DC.\n
  • \n
  • This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
  • This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
  • So, if you think you’re still trying to figure it all out, the legal and policy “systems” are already behind and trying to catch up. But, with one piece of legislation, the tables could be turned. A lot of this is based on norms, which we are trying to figure out.\n
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  • First, start by considering what your users care about, the types of things that drive complaints on the company level and to regulatory agencies like the Federal Trade Commission. Mention Social Network Users’ Bill of Rights.\n
  • I am going to run through a few things you can do to think about this holistically from a strategic perspective.\n
  • Do an impact analysis. Figure out what you’re doing, your strengths and weaknesses. This is essential before taking any active measures. When I do this, I dissect the platform before I give an analysis of what’s going on or needs to be changed.\n
  • Pretty simple outline. Geolocation. Obvious v. Inferential data.\n
  • Pretty simple outline. Geolocation. Obvious v. Inferential data.\n
  • Pretty simple outline. Geolocation. Obvious v. Inferential data.\n
  • Pretty simple outline. Geolocation. Obvious v. Inferential data.\n
  • Building with privacy in mine. Granular controls. Opt in v. opt out. Making privacy and security part of the enrollment process.\n
  • After the solutions you can consider around the build, you can also look at your policies and response mechanisms.\n
  • No one reads them. They may need to be there. Come up with a better more experiential alternative. \n
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  • We just discussed some of the ways you can be prepared to tackle privacy and security with data. \n
  • We just discussed some of the ways you can be prepared to tackle privacy and security with data. \n
  • We just discussed some of the ways you can be prepared to tackle privacy and security with data. \n
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  • US, make DoS attacks illegal and punishable by up to 10 years of imprisonment, through the National Information Infrastructure Protection Act of 1996 \n\n
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  • Gagnier's Portion of TechWeek Chicago Presentation

    1. 1. YouSued.comLaw & Social Data By: David M. AdlerLeavens, Strand, Glover & Adler, LLC 203 North LaSalle Street, Suite 2550 Chicago, Illinois 60601 @adlerlaw
    2. 2. UseofSocial
    3. 3. 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
    4. 4. CopyrightProtects ContentRights AcquisitionInfringement IssuesDigital Millennium Copyright Act(DMCA)Non-Preemptable Common LawClaims Hot news, Breach of Contract, Digital Tresspass
    5. 5. 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),
    6. 6. TrademarksScopeCopycats: Brandjacking / CybersquattingComparative AdvertisingLiability For Trademark InfringementDefensesProduct Placement
    7. 7. 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)
    8. 8. 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
    9. 9. Marketing IssuesCAN-SPAMPromotions Sweepstakes / ContestsFTC Endorsement / Testimonial GuidelinesRegulate Industries: FTC, FDA, FINRA, SEC,NLRBPlatforms/Transmedia
    10. 10. 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
    11. 11. Due DiligenceContracts/Policies/Procedures Social Media & Privacy BYOD Affiliates/Sponsors/ContractorsClearance Copyright/Trademark/Right of PublicityCompliance State & Federal Regulations
    12. 12. 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
    13. 13. LAW &SOCIALDATA
    14. 14. Experience won’t just be about the tool youbuild, but it will include how you managesensitive data and how you respect users.
    15. 15. This talk is not about Facebook.This talk is about you.
    16. 16. uncharted legal territory What do we mean by “privacy?”
    17. 17. Distinguishing Fourth Amendment fromprivacy in the civil sense.
    18. 18. Electronic Communications Privacy Act
    19. 19. Personally Identifiable Information (Pii)
    20. 20. “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.
    21. 21. federal movement on privacy I just want to build cool stuff. Why should I care?
    22. 22. Problem #1: The laws around data reside inindustry silos.
    23. 23. 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
    24. 24. Problem #2: They aren’t getting it in DC.
    25. 25. Silicon Valley, Alley, Beach > DC
    26. 26. Problem #3: This isn’t going away.
    27. 27. FTC Action Opting Out = ScanScout Children’s Privacy = SkidKids
    28. 28. California Privacy Policy Required
    29. 29. oh crap. What Developers Can Do
    30. 30. What people care about:Data controlData minimizationData portabilityData withdrawal
    31. 31. Here are a few places to start:
    32. 32. Conducting an assessment on privacy anddata security.
    33. 33. Audit:
    34. 34. typeAudit:
    35. 35. type amountAudit:
    36. 36. type amountAudit: use
    37. 37. type amountAudit: use intake
    38. 38. Architectural solutions to privacy. Build withprivacy in mind.
    39. 39. Policy solutions to privacy.
    40. 40. Privacy policies and practices in theircurrent incarnation are not working.
    41. 41. kidz. yes, different rules apply.
    42. 42. MinorsChildren’s Online Privacy Protection Act
    43. 43. 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
    44. 44. 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
    45. 45. keeping all things “cyber” secure. super duper uncharted legal territory.
    46. 46. Current Legal Regime Applied:Computer Fraud and Abuse ActEconomic Espionage ActState Level Regulation
    47. 47. Hillz? Send those files to China? Text Shit.
    48. 48. We just scratched the surface.
    49. 49. Lawyer Christina Gagnier @gagnier gagnier@gamallp.co m
    50. 50. ?
    51. 51. LAW &SOCIALDATA

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