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The Law Online - Posting Gone Wild!


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Presentation for Parenting Paper<less Conference: Technology and Single Parenting Conference 2013
October 19, 2013

The purpose of this presentation is to help educate parents on the risks that are lurking out in the digital world, help them understand those risks, and help find workable solutions to minimize those risks.

For educational purposes only, does not create an attorney-client relationship and is not legal advice.

Published in: Technology, Education
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The Law Online - Posting Gone Wild!

  1. 1. THE LAW ONLINE POSTING GONE WILD! Presented for Parenting Paper<less Conference Technology and Single Parenting Conference 2013 October 19, 2013
  2. 2. #parenttech 2
  3. 3. I am a lawyer (please don’t hold it against me!)  educational purposes only  not intended to be legal advice and should not be relied on as such  no attorney-client relationship  but why am I really happy about being here? 3
  4. 4. 4
  5. 5. 1. Can I be sued for [x, y, or z]? Yes! 2. Is the risk of being online and using social media worth the risks? 5
  6. 6.  inform you of some risks of using social media, email, other online activities  show you some ways to help minimize those risks  Remember: the Internet and social media are tools – what you say and do is much like “real life”  common sense and thinking, above all else! 6
  7. 7. What is “social media law” and “digital information law”?  the rules that apply to life online  statutes, common law, contracts  federal and state governments enact laws  traditional legal rules apply online  everything online has a contract  a few maxims 7
  8. 8. What can others learn from your online activity?  personal  you, your children, home, stuff?  professional  your job, employer’s secrets?  never anonymous, everything is trackable  situational awareness 8
  9. 9. Just because it is on the Internet does not mean you can have it!       intellectual property rights infringement of trademark right to publicity infringement of copyright need license or use creative commons example  9
  10. 10. Copyright Example License: Creative Commons Attribution 3.0 Attribution: prthugp @ 10
  11. 11. 11
  12. 12.         stolen access codes / programs “sharing” logins to online services misusing online resources taking employer info / deleting info using computers for fraud or theft using computers to damage others false accounts logging in to snoop, spy 12
  13. 13. Who wants to get sued?  what you (and your children) say can hurt you! Bland v. Roberts – “Like” case = 1st Amend.       tortious interference defamation (libel, slander, bus. defamation) false promises online impersonation harassment and cyber-bullying “puffery” of facts – selling on Craigslist, etc. 13
  14. 14. Do unto others as you would have …  cyberbullying, online threats, harassment  harassing telephone calls  breach of private information  false impersonation & identity theft  unlawful interception of communications 14
  15. 15. What if someone is talking bad about you on social media?  defamation rules apply online  but … be careful  the “Streisand Effect”  Dallas law firm  anti-SLAPP (Strategic Lawsuits Against Public Participation) 15
  16. 16. Social Media + Work = Oil + Water  online activity is used for hiring and firing  requesting social media login information  will read and find everything you say and do – especially the pictures!  what only your “friends” can see is still not protected under privacy laws – it is fair game  be careful of tone of posts, email, etc.  if you don’t want it on a billboard, don’t put it out electronically 16
  17. 17. If you have legal cases or issues, guess what will be used against you?  social media is evidence – very powerful evidence!  electronically stored information (“ESI”) is becoming the most useful form of evidence in virtually every kind of lawsuit and investigation  we now have complete records of 2-way communication stream – like all calls recorded!  you don’t “own” your tweets! (“If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy.” State of N.Y. v. Harris)  4th Am. ≠ protect Facebook or Twitter posts / tweets 17
  18. 18. Discuss rules and guidelines with your kids – understanding works!  teach to think and understand situations, reasons why  recognize and appreciate potential issues  plan how to handle those situations  use examples to educate on those issues  follow your kids’ online activity  everyone screws up – it’s ok 18
  19. 19. 1. 2. 3. 4. 5. 6. 7. 8. maintain situational awareness be honest if you don’t have something nice to say … the Golden Rule turn the other cheek use good judgment it will come back to bite you prepare and plan ahead 19
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