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DIGITAL IDENTITY 
Deborah Gonzalez, Esq. 
Digital Atlanta 2013
DISCLAIMER 
This presentation is for educational 
purposes 
only and does not constitute legal 
advice. It is 
recommended...
INTRO 
www.law2sm.com 
3
OVERVIEW 
• Defining Identity 
• Determining Value & Worth 
• Protecting Identity
THE CONTEXT 
Excerpt from the report: Digital Identity 
Matters (2010) 
“Our relationship with the Internet is 
changing. ...
THE CONTEXT 
“Together the virtual and the real form the 
seamless space in which many of us live 
out our daily lives. We...
DEFINING IDENTITY 
Our identity is constantly 
evolving. 
There is a relationship 
between internal and external 
characte...
DEFINING IDENTITY 
Internal: 
•Physical 
•Emotional 
•Intellectual 
•Spiritual 
•Innate gifts, talents, strengths, 
capabi...
DEFINING IDENTITY 
External: 
•Cultural Characteristics 
•Nationality 
•Race 
•Religion 
•Gender 
•Societal characteristic...
PHYSICAL 
• Physical Appearance 
• Your Body 
• Your Face 
• Your Health 
• Your Age 
•Can you hide your birthday? 
• Your...
PHYSICAL 
Legal Issues 
•Discrimination 
•Health Insurance 
•Alive or Dead
PHYSICAL 
Legal Issues (cont.) 
•Biometrics 
(Security 
Trends/ID) 
•Fingerprints, 
Footprints, 
Retina Scans 
•Google Gla...
PHYSICAL 
Legal Issues (cont.) 
•Physical Innovations 
•Enhancing the 
self – robotic 
limbs/unfair 
advantages in 
sports...
PHYSICAL 
Legal Issues (cont.) 
•QR and Bar Codes as 
Tattoos on People 
http://haydex.net/wiki/637
DIGITAL 
A set of data that uniquely 
describes a person or thing and 
contains information about the 
subject’s relations...
DIGITAL 
Digital Identity Elements: 
1.Authentication Elements 
ID #, IP address, email address, user 
name, password, etc...
DIGITAL 
• Digital Presence? 
• Personal, Professional, Social 
•Reborn Identities 
•Identity Synchronization 
•Secret Ide...
DIGITAL 
• Profiles 
•Dating Sites 
• Online 
platform silos
DIGITAL 
Legal Issues 
•Identification and 
Authentication 
•Authenticity v Anonymity 
(No hiding with an IP 
address) 
•B...
DIGITAL 
Legal Issues (cont.) 
•FTC Credentials/Disclosures 
•Avatars 
•Logos and TM 
•Electronic Signatures
DIGITAL 
Legal Issues (cont.) 
•Identity Theft 
•Astroturfing 
•Hijack Identities (imposters) 
•Apps to Change Your Identi...
DIGITAL 
Legal Issues (cont.) 
•Living in a Surveillance Society 
•Privacy 
•Right to Not Be Online?
DIGITAL 
Legal Issues (cont.) 
•Digital Identity Audits 
•Google Alerts 
•Digital Passports 
•http://24posts.com/2011/02/0...
DIGITAL 
• Your Rights to Your 
Identity (Identities) 
•Your name(s)/Your 
account name(s) 
• Baby Hashtag (b. 2012) 
• Ba...
LEGAL 
• When do you get these 
rights? 
•Parents putting photos of 
their children on social 
media sites? 
(Consequences...
LEGAL 
• How do you use your 
identity? 
•Endorsements, etc. 
(Ethics Rules) 
•Liability for 
Psychological Harm – 
Facebo...
LEGAL 
• Identity Crisis 
•Image = Perception 
•Digital Natives v Digital 
Immigrants
LEGAL 
• Identity Economy 
•Identity Providers? 
•Good will/ Trust 
Factor 
•Spin Doctors
VALUE & WORTH 
• Our worth is determined by 
the variety of identity 
characteristics in good part 
by others and their 
p...
VALUE & WORTH 
Social Proof = Influence 
•Measuring a person’s social 
influence via an algorithm that 
takes into conside...
VALUE & WORTH 
Social Proof = Influence 
•Ex. Klout: Your score can 
range from 1 to 100, but 
according to one author, if...
VALUE & WORTH 
Social Proof = Influence 
•Are these systems violating 
FTC rules on the prohibition of 
false advertising ...
VALUE & WORTH 
Social Proof = Influence 
•LinkedIn Influencers 
•Paying for an Influencer’s 
Time 
–Or even to send a mess...
VLAUE & WORTH 
Social Proof = 
Badges/Mayorships 
•Evidence of 
capability? 
Certification? Skill 
set? Achievement? 
•Acc...
VLAUE & WORTH 
Social Proof = Yelp & Review 
Websites 
•Are they liable for providing a 
means for negative comments 
abou...
VALUE & WORTH 
Social Proof = Number of 
Followers and Fans 
•How do they convert to 
dollars? 
–Promoting Posts in 
Faceb...
VALUE & WORTH 
• Legal Rights 
•Personality/Publicity Rights 
• Defamation/Libel 
•Trademarks & Copyrights 
• The sale of ...
PROTECTING IDENTITY 
• Is identity protection the 
same as reputation 
management? 
• Digital Lockers 
• Digital Legacy 
•...
PROTECTING IDENTITY 
• Reputation.com 
•$99 vs. $500 White Glove 
Service 
•Can they really get rid of 
the online bad stu...
PROTECTING IDENTITY 
Best Practices: 
•Be careful what you post 
online. 
•Be careful of who you allow 
to post online on ...
PROTECTING IDENTITY 
Best Practices: 
•Take a digital inventory. 
•Use privacy preference 
settings on ALL your online 
ac...
PROTECTING IDENTITY 
Best Practices: 
–Set up Google Alerts (also see 
Mention) to monitor the 
conversation regarding you...
THANK YOU! 
Deborah Gonzalez, 
Esq. 
Law2sm, LLC 
404-857-1331 
www.law2sm.com 
deborah@law2sm.com
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Digital Identity (Digital ATL)

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This session reviews what our identity is in a digital world and how it yes created and shaped by others.

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Digital Identity (Digital ATL)

  1. 1. DIGITAL IDENTITY Deborah Gonzalez, Esq. Digital Atlanta 2013
  2. 2. DISCLAIMER This presentation is for educational purposes only and does not constitute legal advice. It is recommended that you seek legal counsel for specific matters. Images depicted are property of their respective owners and are used under the Fair Use doctrine. 2
  3. 3. INTRO www.law2sm.com 3
  4. 4. OVERVIEW • Defining Identity • Determining Value & Worth • Protecting Identity
  5. 5. THE CONTEXT Excerpt from the report: Digital Identity Matters (2010) “Our relationship with the Internet is changing. Mobile devices, wireless connectivity, and our increasing virtual presence across multiple social media services have all but collapsed the boundary between being online or offline.”
  6. 6. THE CONTEXT “Together the virtual and the real form the seamless space in which many of us live out our daily lives. We fashion the self through social interaction, community and network affiliations, and here come to construct our identities as well as interpret the identity of others.” http://www.pontydysgu.org/2010/06/digital-identity-/
  7. 7. DEFINING IDENTITY Our identity is constantly evolving. There is a relationship between internal and external characteristics that defines us.
  8. 8. DEFINING IDENTITY Internal: •Physical •Emotional •Intellectual •Spiritual •Innate gifts, talents, strengths, capabilities, and personal preferences
  9. 9. DEFINING IDENTITY External: •Cultural Characteristics •Nationality •Race •Religion •Gender •Societal characteristics of family, career, position
  10. 10. PHYSICAL • Physical Appearance • Your Body • Your Face • Your Health • Your Age •Can you hide your birthday? • Your Gender/Sexuality
  11. 11. PHYSICAL Legal Issues •Discrimination •Health Insurance •Alive or Dead
  12. 12. PHYSICAL Legal Issues (cont.) •Biometrics (Security Trends/ID) •Fingerprints, Footprints, Retina Scans •Google Glass
  13. 13. PHYSICAL Legal Issues (cont.) •Physical Innovations •Enhancing the self – robotic limbs/unfair advantages in sports – how much and then not human?
  14. 14. PHYSICAL Legal Issues (cont.) •QR and Bar Codes as Tattoos on People http://haydex.net/wiki/637
  15. 15. DIGITAL A set of data that uniquely describes a person or thing and contains information about the subject’s relationships to other entities. http://en.wikipedia.org/wiki/Digital_identity
  16. 16. DIGITAL Digital Identity Elements: 1.Authentication Elements ID #, IP address, email address, user name, password, etc. 1.Data 2.Identifiers Photographs, avatars, logo, images, etc. 1.Digital Traces Contributions to blogs, links, etc. Source: CRIM & Quebec Government
  17. 17. DIGITAL • Digital Presence? • Personal, Professional, Social •Reborn Identities •Identity Synchronization •Secret Identities
  18. 18. DIGITAL • Profiles •Dating Sites • Online platform silos
  19. 19. DIGITAL Legal Issues •Identification and Authentication •Authenticity v Anonymity (No hiding with an IP address) •Business Cards vs. Resumes vs. LinkedIn Profiles • (Novel visual resumes – infographics, etc.)
  20. 20. DIGITAL Legal Issues (cont.) •FTC Credentials/Disclosures •Avatars •Logos and TM •Electronic Signatures
  21. 21. DIGITAL Legal Issues (cont.) •Identity Theft •Astroturfing •Hijack Identities (imposters) •Apps to Change Your Identity • Ex. “Make Me Asian” (Removed from Google Store)
  22. 22. DIGITAL Legal Issues (cont.) •Living in a Surveillance Society •Privacy •Right to Not Be Online?
  23. 23. DIGITAL Legal Issues (cont.) •Digital Identity Audits •Google Alerts •Digital Passports •http://24posts.com/2011/02/02 /online-profile-and-digital-identity- audit/
  24. 24. DIGITAL • Your Rights to Your Identity (Identities) •Your name(s)/Your account name(s) • Baby Hashtag (b. 2012) • Baby Facebook (b. 2012, Egypt) •Access & Control
  25. 25. LEGAL • When do you get these rights? •Parents putting photos of their children on social media sites? (Consequences later on??)
  26. 26. LEGAL • How do you use your identity? •Endorsements, etc. (Ethics Rules) •Liability for Psychological Harm – Facebook “Like” or “Unfriend”
  27. 27. LEGAL • Identity Crisis •Image = Perception •Digital Natives v Digital Immigrants
  28. 28. LEGAL • Identity Economy •Identity Providers? •Good will/ Trust Factor •Spin Doctors
  29. 29. VALUE & WORTH • Our worth is determined by the variety of identity characteristics in good part by others and their perceptions. • But there are new tools & technologies that are impacting those perceptions.
  30. 30. VALUE & WORTH Social Proof = Influence •Measuring a person’s social influence via an algorithm that takes into consideration a person’s online activity across a multitude of social networks and platforms
  31. 31. VALUE & WORTH Social Proof = Influence •Ex. Klout: Your score can range from 1 to 100, but according to one author, if it’s below 50 you are not worth connecting with, receiving a post or Tweet from, or otherwise waste valuable time with. Does this sound harsh? Superficial? Ridiculous? Discriminatory?
  32. 32. VALUE & WORTH Social Proof = Influence •Are these systems violating FTC rules on the prohibition of false advertising since they can be gamed and therefor yield inaccurate over-inflated results? •See my blog: http://law2sm.com/book-review- roi-return-on-influence-by- mark-w-schaefer-2012/
  33. 33. VALUE & WORTH Social Proof = Influence •LinkedIn Influencers •Paying for an Influencer’s Time –Or even to send a message to someone
  34. 34. VLAUE & WORTH Social Proof = Badges/Mayorships •Evidence of capability? Certification? Skill set? Achievement? •Accredited organization? Third-party? •Other
  35. 35. VLAUE & WORTH Social Proof = Yelp & Review Websites •Are they liable for providing a means for negative comments about your business and therefore leading to harm to your reputation or should they be given credit when the reviews are good and your reputation points go up? •Can they be gamed?
  36. 36. VALUE & WORTH Social Proof = Number of Followers and Fans •How do they convert to dollars? –Promoting Posts in Facebook ($) –Premium Tweets/Hashtags ($) •Who owns them? •Are your contacts yours?
  37. 37. VALUE & WORTH • Legal Rights •Personality/Publicity Rights • Defamation/Libel •Trademarks & Copyrights • The sale of identities/avatars •Ex. Online games
  38. 38. PROTECTING IDENTITY • Is identity protection the same as reputation management? • Digital Lockers • Digital Legacy • Data Brokers/Information Resellers •Open Graph •Facebook Graph Search
  39. 39. PROTECTING IDENTITY • Reputation.com •$99 vs. $500 White Glove Service •Can they really get rid of the online bad stuff? • Ex. Mug Shots • Free data reports like free credit reports? (Government Action?)
  40. 40. PROTECTING IDENTITY Best Practices: •Be careful what you post online. •Be careful of who you allow to post online on your behalf. •Use strong passwords. •Don’t use the same password for multiple accounts.
  41. 41. PROTECTING IDENTITY Best Practices: •Take a digital inventory. •Use privacy preference settings on ALL your online accounts. •Use secure hubs and not public Wi-Fi. •Secure your mobile.
  42. 42. PROTECTING IDENTITY Best Practices: –Set up Google Alerts (also see Mention) to monitor the conversation regarding your name and your company name –Unsubscribe from newsletters, RSS feeds, etc. that you do not read. –Clean up abandoned accounts.
  43. 43. THANK YOU! Deborah Gonzalez, Esq. Law2sm, LLC 404-857-1331 www.law2sm.com deborah@law2sm.com

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