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Internet Liabilities Presentation


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Internet Liabilities Presentation

  1. 1. The Legal Traps and Pitfalls
  2. 2.  Introduction Fundraising Social media ◦ Trademark ◦ Defamation Minors CAN SPAM Act ◦ E-mail Marketing
  3. 3.  Online giving accounted for $4-6 billion in donations last year in US alone Social networks and blogs/websites are the fourth most popular online activities Email is falling behind Social networks as method of exchanging and sharing information Average age of online donors is rising each year
  4. 4.  The average gift size among nonprofits grew from $56 to $60 Online gifts are larger than the average gift from traditional channels
  5. 5. “Organizations and web designers must be aware that the traditional rules with respect to prohibitions on providing particular services, treatment of advertising income, sales activity, as well as lobbying restrictions still apply to website activities.”2000 EO CPE at 140.
  6. 6.  Tax-exempts are not exempt from all taxes, only from those taxes that would otherwise apply to income received from activities that are substantially related to their exempt purposes.
  7. 7.  On-line Charity Malls ◦ % of purchase price goes to charity Virtual Storefronts ◦ Section 513(c) Fragmentation Rule  IRS will review each piece of merchandise
  8. 8. ◦ Trademark  Seek permission  Avoid using other’s trademarks◦ Copyright  Who owns the work  Monitor for misuse  Use symbols
  9. 9.  Obtain Licenses from All Authors and Speakers ◦ Video ◦ Text Applies to All Intellectual Property ◦ Text, Graphics, Photos, Video
  10. 10.  Adopt a standard policy and practice for all to sign All authors sign standard agreements ◦ Obtain right to publish AND post online Speakers grant rights to post online
  11. 11.  Defamation ◦ Comments made by others can be attributed to organization (Cisco Systems lawsuit) ◦ Protections  Federal Communications Decency Act §230  Disclaimers and terms of use  Take-down policy  Refrain from commenting on third-party posts  Consider available screening capabilities
  12. 12.  Develop club policy that addresses permissible use Monitoring Reserve right to remove content and comments, block users, etc Our community is an echo of our voice…we must set the tone.
  13. 13. ◦ Antitrust◦ Defamation◦ Contributory Copyright Infringement◦ Political Activity◦ Providing or promoting “Professional” Advice
  14. 14.  Emails that advertise or promote a commercial product or service, such as membership in the organization or the sale of organization publications, events, etc. Members generally excluded
  15. 15.  Give clear notice of opportunity to opt-out. ◦ MUST be in every email message. Provide a functioning opt-out in every email message. This can be a return email address or other Internet-based mechanism that is capable of receiving opt-out requests for at least 30 days after the transmission of the original message. Further, if the recipient has opted-out, the sender may not exchange or otherwise transfer or release the email address of the recipient even within the club. Email service protects Club from fines and other liabilities. Constant Contact, easy to use, protects us.
  16. 16.  Provide a valid physical postal address of the sender. Clear and conspicuous notice that email is a solicitation Make sure the "from" line accurately and clearly reflects the sender. Use a valid subject line directly related to content.
  17. 17.  Photo Subject holds rights of publicity• get release from parent or guardian before use photo beyond consent.• consider children’s issues on Internet. Gain rights for all future uses
  18. 18. 1. Children’s Online Privacy Protection Act of 1998 (COPPA) • Collection of PII directly from a minor (children under 13) • Collecting and storing Personally Identifiable Information
  19. 19. 1. Know when consent of the PARENT/GUARDIAN is required2. Know when consent of the ANOTHER SUPERVISING ADULT is sufficient3. Know when no parental/guardian consent is required4. Disclose your privacy policy5. Know the proper use of online communications6. Allow for refusal to participate at any time
  20. 20.  Obtain from everyone in film/video.  Make sure you have all people and possible, future rights needed.  Photo participant release; Photographer release Privacy Rights: separate from commercial use (invasion of privacy could apply to putting someone’s picture on the Internet).
  21. 21.  Draft a privacy protection policy: What personal information is being gathered about user How the information will be used Who the information will be shared with, if anyone Choices available regarding how collected information is used Safeguards in place to protect the information from loss, misuse, or alteration How user can update or correct inaccuracies in his or her information. Provide mechanism for consent, access and correction.