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Do good-be-good-final


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Presentation on social media law and ethics given by Joel Postman October 20, 2010 to Professor Kelly McElhaney's Power of Social Technology for Good class at U.C. Berkeley Haas School of Business.

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Do good-be-good-final

  1. 1. Doing Good by Being Good Joel Postman Presentation to Haas School of Business U.C. Berkeley October 20, 2010
  2. 2. By law, the corporation is granted “personhood.” But what if that person is a psychopath? WHO Characteristics of a Psychopath • Callous unconcern for the feelings of others • Reckless disregard for the safety of others • Incapacity to maintain enduring relationships • Deceitfulness; repeated lying and conning others for profit • Incapacity to experience guilt • Failure to conform to social norms with respect to lawful behaviors. © 2010 Joel Postman & Socialized
  3. 3. Publication is self- invasion of privacy. Marshall McLuhan © 2010 Joel Postman & Socialized
  4. 4. Rudy Giuliani Disliked This © 2010 Joel Postman & Socialized
  5. 5. Facebook: putting commercial interests ahead of consumer privacy • Lawsuits in Rhode Island and California allege Facebook and Zynga illegally sending Facebook user IDs to third parties – Oct. 2010 • Facebook settles Beacon dispute for $9.5M – Dec. 2009 • Facebook changes privacy agreement, then reverts some changes after consumer pushback (not) and suit filed by EPIC – Feb. 2009 • More: © 2010 Joel Postman & Socialized
  6. 6. "You hereby grant Facebook an irrevocable, perpetual, non- exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings.... You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.” © 2010 Joel Postman & Socialized
  7. 7. © 2010 Joel Postman & Socialized
  8. 8. “To provide location-based services on Apple products, Apple and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Apple computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by Apple and our partners and licensees to provide and improve location- based products and services. For example, we may share geographic location with application providers when you opt in to their location services.” Apple Customer Privacy Policy, June 21, 2010 © 2010 Joel Postman & Socialized
  9. 9. Blippy © 2010 Joel Postman & Socialized
  10. 10. You have no privacy. Get over it. Scott McNealy © 2010 Joel Postman & Socialized
  11. 11. Some other goings-on © 2010 Joel Postman & Socialized
  12. 12. © 2010 Joel Postman & Socialized
  13. 13. © 2010 Joel Postman & Socialized
  14. 14. Who’s selling what to whom? © 2010 Joel Postman & Socialized
  15. 15. Will blog for booze “I thought of my post as a piece of writing, and they sent me a bottle of vodka.” Louise Crawford, Absolut Blogger © 2010 Joel Postman & Socialized
  16. 16. Chicken in a pink bucket “Selling chicken in a pink bucket to raise money for breast cancer research is like selling pink cigarettes to benefit lung cancer or selling pink bottles of liquor to support Alcoholics Anonymous.” Elizabeth Kucinich in a letter to Nancy Brinker, founder and CEO of Susan G. Komen for the Cure. “To capture the respect for life and dedication the Susan G. Komen Foundation demonstrates in its fight against breast cancer, asked its resident award-winning mixology expert, Emilio Tiburcio of Fusion Mixology Bar at the Palazzo Resort Hotel Casino to create a sexy, seductive, feminine cocktail indicative of life and survival.” “To capture the respect for life and dedication the Susan G. Komen Foundation demonstrates in its fight against breast cancer, asked its resident award-winning mixology expert, Emilio Tiburcio of Fusion Mixology Bar at the Palazzo Resort Hotel Casino to create a sexy, seductive, feminine cocktail indicative of life and survival.” © 2010 Joel Postman & Socialized
  17. 17. Amazon Mechanical Turk (MT) © 2010 Joel Postman & Socialized
  18. 18. Outsourced astroturfing © 2010 Joel Postman & Socialized
  19. 19. • 17-year-old’s debut novel is finalist for $20,000 prize at Leipzig Book Fair • Numerous sections and an entire page lifted from another book • Judges were aware of all this before making their selection • It’s “OK” because mixing is part of Berlin’s culture Plagiarism becomes hip © 2010 Joel Postman & Socialized
  20. 20. Chipping away at trust and brand equity. © 2010 Joel Postman & Socialized
  21. 21. • Confessed to leaving anonymous comments in Yahoo finance forums in alleged attempt to devalue Wild Oats; investigated by SEC and FTC • No posts between July 2007 and May 2008 • “I could participate in the community as just another unknown participant on equal terms with every other participant.” (explaining anonymous postings) • Weak “apologies” invoking first amendment rights John Mackey - CEO of Whole Foods Eroding consumer trust © 2010 Joel Postman & Socialized
  22. 22. Regulators & the industry to the rescue © 2010 Joel Postman & Socialized
  23. 23. FTC releases blog endorsement rules • Addresses bloggers who have relationships with advertisers • The FTC recognizes “the ‘near-endless’ variety of possible relationships between bloggers and the companies about whose products they blog.” • Also covers celebrity endorsements • 81 pages of regulations and examples • Violators fined up to $11,000 October, 2009,© 2010 Joel Postman & Socialized
  24. 24. The European Union’s Unfair Commercial Practices Directive bars companies from “falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer” EU banned astroturfing a long time ago © 2010 Joel Postman & Socialized
  25. 25. • Hoping to pre-empt the FTC, the advertising industry developed a privacy icon and campaign • Will be used to let consumers know why they are seeing a certain ad • Developed by Future of Privacy Forum, whose members include Microsoft, Yahoo, Google, Procter & Gamble and General Electric© 2010 Joel Postman & Socialized
  26. 26. I have therefore resolved that any time I am using social media, such as writing on my blog, updating on Twitter, or leaving a comment on someone else's blog, I will: •Base my comments on the facts, and make reasonable efforts to gather all relevant information before participating in any discussion •Weigh carefully the value of any comments I choose to make against the potential for harm •Use logic, persuasion and rhetoric, and not personal attacks, to state my case •Exercise sensitivity and awareness when discussing topics such as race and religion I will not: •Make assumptions about people’s motivations. •Generate controversy for its own sake. •Join others by thoughtlessly “piling on” when someone is under attack I will always strive to: •Treat people online with the respect and kindness I would extend to a friend or professional colleague. •Take time regularly to leave a supportive comment on a blog or acknowledge someone positively in a public forum. © 2010 Joel Postman & Socialized
  27. 27. Ethics & Privacy Resources • Childrens’ Online Privacy Protection Act (COPPA), protects children under 13 • Word of Mouth Marketing Association (WOMMA) Code of Ethics • Electronic Frontier Foundation (EFF) • Electronic Privacy Information Center (EPIC) © 2010 Joel Postman & Socialized
  28. 28. • Understand the Medium • Respect Privacy • Identify Yourself • Tell the Truth • Disclose Affiliations • Protect Reputations • Do the Right Thing • Be Kind • Know and Follow the Law • Take a Stand © 2010 Joel Postman & Socialized
  29. 29. @jpostman © 2010 Joel Postman & Socialized