Fraud, Infringement, HIPAA and Treble Damages: Creating Compliance Strategies That Work


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In this intensive session you will learn from four top companies how to: sort credible abuse issues from cranky Internet citizens; develop a DMCA plan that works; HIdPPAA compliance leads to increased revenue; how to market your products and comply with the FTC’s new marketing rules; why compliance is central to your business strategy. This session will include three fact based tutorials on DMCA, hacking, subpoenas, HIPPA/HITECH and FTC rules, as well as the opportunity to ask questions of prominent hosting executives who understand both the mechanics and value of compliance.

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  • The Challenges of ComplianceSocial media environment makes inclusion of disclosures and fine print a challenge140 charactersReal time & Ad HocViral nature (hard to control/easy for things to get out of control)Scale Challenges Required to monitor at the influencer level , how do you scale this?Management challenges – multiple programs, scaling influencer programs, multiple agencies, multiple stakeholders [CAN WE GET QUOTES]
  • Fraud, Infringement, HIPAA and Treble Damages: Creating Compliance Strategies That Work

    1. 1. Fraud, Infringement, HIPAA and Treble Damages: Creating Compliance Strategies That WorkModerator: David Snead: Attorney, W. David Snead, P.C.Panelists: Dev Chanchani: CEO, INetU, Inc. Tom Chernaik: CEO, Dan Ushman: Founder/CMO, SingleHop, Inc. Mike Witty: Director of Network Compliance, ServInt Inc.
    2. 2. Roadmap• Why is compliance important?• DMCA and compliance strategy.• FTC and regulatory compliance.• HIPAA / HITECH compliance.• Question and answer
    3. 3. DMCA and compliance strategy.Mike Witty: Director of Network Compliance, ServInt Inc.
    4. 4. Establishing a DMCAcompliance Strategy & procedure
    5. 5. READ THE DMCA Digital Millennium Copyright Act Copyright Infringement Liability Limitation Act (OCILLA) “Safe Harbor”
    6. 6. Designate an agent U.S. Copyright OfficeInterim Designation of Agent to Receive Notification ofClaimed InfringementAmended Interim Designation of Agent to ReceiveNotification of Claimed Infringement Directory of Agents
    7. 7. Processing a COMPLAINT Verify that all DMCA requirements are present- Location of original content- Location of infringing content- Contact InformationNameAddressPhone Number(s)E-Mail Address- “I have a good faith belief...”- “I swear, under penalty of perjury, that the information...”- Signature Respond to the complainant Present the complaint to your customer- 3 days to comply (24-hour grace period) Verify that the content has been removed Respond to the complainant Close the case and archive
    8. 8. COUNTER-NOTICEsYour customer must still comply with the DMCA noticeand remove the contentA counter-notice may only be filed after your customerhas removed the content- Identification and location of previously-removed content- Contact Information- “I swear, under penalty of perjury, that the content...”- Consent to the jurisdiction of a federal court- Consent to accept service of process from the complainant- Signature The complainant has 10-14 days to file a law suit The content may be restored Notify the complainant Close the case and archive
    9. 9. CHALLENGES Ignorance of DMCA law and procedure- Canned text with links- Links on your website in your AUP Resistance to compliance- “Guilty before innocence” Repeated DMCA complaints received- Your obligation is unchanged- Customer should seek legal counsel Repeat Infringers Language Barriers
    10. 10. FTC and regulatory compliance.Tom Chernaik: CEO,
    11. 11. How Prepared Are You? Create & Implement Process Ensure Disclosure in all SM Formats Monitor Influencers for Compliance Follow Up & Takedown Manage Compliance Actions Document Audit Trail Scale Efforts Across Brands & Programs Make Efficient Use of Human Resources
    12. 12. Regulatory Environment "As a practical matter, social media is now a regulated industry; and all stakeholders are responsible for compliance with the FTC Guides. As a result, all marketers, agencies, and brands must develop a culture of compliance where the vocabulary of risk management is a central aspect of an advertising strategy.” – Tony DiResta, Partner at Winston & Strawn General Counsel of WOMMA "If law enforcement becomes necessary, our focus will be advertisers, not endorsers – just as it’s always been.” – FTC Factsheet on Update to Endorsement Guides
    13. 13. Notable Regulatory Events • FTC action (endorsements) • FTC action (astroturfing) • FTC action (affiliate marketing) • State action (NY State) • TBD (SEC/FTC) • UK OFT action (foreign jurisdictions)
    14. 14. Risks of Non-Compliance Regulatory Action / Investigations Significant legal costs Penalties and settlement terms Potential for erosion of brand trust Court of Public Opinion Consumers, Bloggers, Social media backlash Blacklisting PR Nightmares Scandals Reports & investigations Bad press & negative opinions
    15. 15. AVOID THE CALL
    16. 16. What Should We Consider? • Platforms • Programs – Sampling / Reviews / Gifting / Fly Aways / Haul Video – Paid Review / Endorsement / Mentions – Contests / Promotions – Blogs / Posts / Status / Videos • Influencers – Blogger / Influencer Outreach – Employee influencers – Agencies / Partners / Affiliates
    17. 17. Your Message Here Include:  Your complete marketing message  Link to content  Call to action  Contest & promotion rules  Required disclosures
    18. 18. The Challenges of Compliance Short, Simple, Clear & Conspicuous Space limitations - 140 Characters or less Universal, standardized & recognizable Fine print, terms, rules, etc. Management Challenges Communicate policies and document participant acceptance Multiple programs, brands, agencies, stakeholders, platforms Maintain control across multiple influencer channels Scale Challenges Ensure proper use of disclosures – enforce policies Monitor for omitted disclosures / compliance at influencer level Understand the context of specific messages/posts/tweets Document follow up actions Archive audit trail data of all program activities
    19. 19. Disclosure Challenges
    20. 20. Ad Hoc Compliance Solutions
    21. 21. What About Hashtags? • #AD What is wrong with that? • #SPON • Not standardized • #Endorse • Tracking is limited • Does not scale
    22. 22. Managing Scale 6/3 6/13 7/8
    23. 23. Social Media & Microblogging
    24. 24. Blogs & Web Sites
    25. 25. Contests & Promotions
    26. 26. Contests & Promotions
    27. 27. Preparedness Checklist ✔ Create & Implement Process ✔ Ensure Disclosure in all SM Formats ✔ Document Compliance ✔ Monitor Influencers for Compliance ✔ Follow Up & Takedown ✔ Audit & Archive ✔ Scale Efforts Across Brands & Programs ✔ Efficient Use of Human Resources
    28. 28. HIPAA / HITECH complianceDev Chanchani: CEO, INetU, Inc.
    29. 29. Today’s Topics • HIPAA = LAW = Ambiguous• HITECH draws HIPAA Law into the Our Technology Arena • Take a “Time Out” • Real Risks = Real Challenges
    30. 30. HIPAA is LAW… you need to treat it differently than you do a “compliance standard” Whom does HIPAA affect? • Anyone who uses health care or health insurance • Health insurers • Doctors • Hospitals • Employers who provide health insurance • Life insurers • Public health authorities • Billing agencies • Information system vendors • Health service organizations
    31. 31. HIPAA safeguards PHI(Protected Health Information)Simply: You can’t know aboutmy personal medical historyunless I give you my express permission.…and if you view it without my permission, you need to tell me about it!
    32. 32. HITECHHITECH augments HIPAA …by placing business associates, such ashosting providers and data centers, squarely on the “compliance hook”
    33. 33. TIME OUT !
    34. 34. RISK Management  The hosting provider is a point of compliance – do not underestimate this.  Understand Whistleblower Laws Expect federal funding for enforcement (HIPAA Police)  Don’t be scared – Be prepared
    35. 35. Question and answer
    36. 36. Thanks for coming!Moderator: David Snead david.snead@dsnead.comPanelists: Dev Chanchani Tom Chernaik Dan Ushman Mike Witty