Roy Mura, Esq, walks us through the law, social media and investigations. The presentation covers the vast amount of valuable information available to investigators through social networks, how to search social networks without revealing your identity,
how to validate the information you find in social networks, what is and is not legal when using social media information in investigations, how to determine whether the information found in social networks can be used in court.
Expert Witness Background Checks: Methods and SourcesCase IQ
There are two types of expert witnesses: the testifying expert and the consulting expert. Hetherington outlines the method and resources to use when researching and verifying the background of these experts and their credentials.
Expert Witness Background Checks: Methods and SourcesCase IQ
There are two types of expert witnesses: the testifying expert and the consulting expert. Hetherington outlines the method and resources to use when researching and verifying the background of these experts and their credentials.
More and more organizations are trying to figure out how to use social media to increase visibility, raise awareness, and generate support. These slides are from a workshop for the Women's Funding Network that focused on how you can use social media to shape the experience of your brand identity through key concepts of positioning and personality and how to "manage" your brand in online conversations and communities. We also looked at some of the unique opportunities and challenges for member funds as intermediaries and capacity builders in the social justice movement.
Reputation management is important to any company online today. How do you outline guidelines to engage in social media to embrace diversity and control messaging? My presentation at PubCon 2016 shows how to implement a team, how to be prepared and respond to win on social media for your brand.
Authors: Sam Mandolfo & John Kreicbergs
Add'l Credits: Mark Logan, Joe Grigsby
Each and every one of us owns a personal and professional brand that we must manage. From digital natives to technophobes, from advertising junior creatives to CEOs, we now must embrace the role that online social media tools can and do play in shaping that brand. Looking for a job? Want to make new professional connections? Or simply wondering how you can amp your online image? Then come and learn the how-tos, don’t-dos and self-branding horror stories around LinkedIn, Facebook and Twitter.
Friends, Fans & Fun Creating A Marketing Wildfirekimmikay
This presentation was geared towards those interested in learning about the basics of social networking, gaining some ideas and suggestions on using social networking for marketing their business. Presented at the Louisiana Southeast Small Business Development Center and the VISION Hi-Tech Training & Expo for the Mo/Kansas Automotive Service Association.
Experience Mazda Zoom Zoom Lifestyle and Culture by Visiting and joining the Official Mazda Community at http://www.MazdaCommunity.org for additional insight into the Zoom Zoom Lifestyle and special offers for Mazda Community Members.
How Best Practices in Triage Protocol Can Boost Compliance and Reduce RiskCase IQ
With recent announcements of increasingly stringent federal policies around record-keeping and due diligence, compliance and investigation professionals are feeling the pressure to demonstrate consistency and rigor in their case management processes.
Planning your investigation, having the right team members involved and reporting on outcomes of an investigation can all be difficult phases of the process.
However, being able to demonstrate that you are quickly, consistently and accurately triaging incidents is even more important now.
The key is to establish decision-making approaches and plan out your entire protocol before the matter comes to your attention through hotline reporting or other mechanism. This ensures structure and success as you triage, investigate, staff the investigation properly and meet the inevitable challenges of reporting and addressing the root causes of incidents.
How to Drive Efficiency and Reduce Risk with Investigative Case Management So...Case IQ
In order to avoid risk while running a successful organization, today’s leaders need to do more than react to cases of harassment, misconduct and employee fraud. They need to prevent these issues. Purpose-built case management software provides data-driven reports that help companies manage risk, spot trends and protect employees and the organization by preventing incidents, as well as fines and reputation damage.
But home-grown or dated solutions come with many challenges. For instance, managing incidents and investigations using manual methods leads to duplication of effort and information silos, resulting in inefficiency. Using these solutions also comes with security risks and inconsistent documentation, opening the company up to fines and lawsuits.
i-Sight’s powerful case management platform streamlines your investigative process and provides the data you need to analyze results, prevent incidents and protect your employees. You’ll save time and money, ensure compliance, and reduce risk, all with one tool.
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Similar to The law, social media and investigations roy mura - i-sight ii
More and more organizations are trying to figure out how to use social media to increase visibility, raise awareness, and generate support. These slides are from a workshop for the Women's Funding Network that focused on how you can use social media to shape the experience of your brand identity through key concepts of positioning and personality and how to "manage" your brand in online conversations and communities. We also looked at some of the unique opportunities and challenges for member funds as intermediaries and capacity builders in the social justice movement.
Reputation management is important to any company online today. How do you outline guidelines to engage in social media to embrace diversity and control messaging? My presentation at PubCon 2016 shows how to implement a team, how to be prepared and respond to win on social media for your brand.
Authors: Sam Mandolfo & John Kreicbergs
Add'l Credits: Mark Logan, Joe Grigsby
Each and every one of us owns a personal and professional brand that we must manage. From digital natives to technophobes, from advertising junior creatives to CEOs, we now must embrace the role that online social media tools can and do play in shaping that brand. Looking for a job? Want to make new professional connections? Or simply wondering how you can amp your online image? Then come and learn the how-tos, don’t-dos and self-branding horror stories around LinkedIn, Facebook and Twitter.
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This presentation was geared towards those interested in learning about the basics of social networking, gaining some ideas and suggestions on using social networking for marketing their business. Presented at the Louisiana Southeast Small Business Development Center and the VISION Hi-Tech Training & Expo for the Mo/Kansas Automotive Service Association.
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How Best Practices in Triage Protocol Can Boost Compliance and Reduce RiskCase IQ
With recent announcements of increasingly stringent federal policies around record-keeping and due diligence, compliance and investigation professionals are feeling the pressure to demonstrate consistency and rigor in their case management processes.
Planning your investigation, having the right team members involved and reporting on outcomes of an investigation can all be difficult phases of the process.
However, being able to demonstrate that you are quickly, consistently and accurately triaging incidents is even more important now.
The key is to establish decision-making approaches and plan out your entire protocol before the matter comes to your attention through hotline reporting or other mechanism. This ensures structure and success as you triage, investigate, staff the investigation properly and meet the inevitable challenges of reporting and addressing the root causes of incidents.
How to Drive Efficiency and Reduce Risk with Investigative Case Management So...Case IQ
In order to avoid risk while running a successful organization, today’s leaders need to do more than react to cases of harassment, misconduct and employee fraud. They need to prevent these issues. Purpose-built case management software provides data-driven reports that help companies manage risk, spot trends and protect employees and the organization by preventing incidents, as well as fines and reputation damage.
But home-grown or dated solutions come with many challenges. For instance, managing incidents and investigations using manual methods leads to duplication of effort and information silos, resulting in inefficiency. Using these solutions also comes with security risks and inconsistent documentation, opening the company up to fines and lawsuits.
i-Sight’s powerful case management platform streamlines your investigative process and provides the data you need to analyze results, prevent incidents and protect your employees. You’ll save time and money, ensure compliance, and reduce risk, all with one tool.
Who's Lying? Using the Cognitive Interview to Assess Credibility in Workplace...Case IQ
When investigating a “he said/she said” case of sexual harassment or other alleged misconduct, are you using scientifically validated methods to interview witnesses, assess their credibility, and reach a defensible conclusion?
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Vicarious trauma is a type of second-hand psychological response most often associated with first responders and front-line crisis workers. Although corporate incident investigators and HR and compliance professionals are usually not the first on the scene, they frequently find themselves listening to both victims and accused people who recount what could be the worst days of their professional lives.
There is no doubt that the case management process can be stressful and sometimes triggering for those who are managing it. The personal and organizational impacts can include compromised risk assessment and investigations, investigator burnout and absenteeism, and a less healthy workplace overall.
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As an investigator, you don’t define your value to the organization; leadership does. What are you doing to be a better business advisor and contribute to the organization’s goals? In other words, why should the bosses listen to you?
Because misconduct doesn’t happen in a vacuum! It results from a perfect storm of factors like employee ignorance, a failure to see the larger implications, a lack of training and procedures, or a failure of internal controls. And you have a view to all of this in your cases.
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Goals of a strategic business advisor.
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Implicit, or unconscious, bias is the root of many systemic inequities in the workplace. It’s important that we recognize our personal biases, take action to mitigate them and actively serve as an ally to others.
On June 10, join Catherine Mattice-Zundel, president of Civility Partners, a training and consulting firm focused on helping organizations build positive workplace cultures, as she outlines strategies for uncovering and reducing implicit bias in workplace decision-making.
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● Risk factors that increase our likelihood to engage in bias
● How to compensate for and attempt to overcome bias through clear and tangible actions
● Strategies to combat microaggressions and other exclusive behaviors using simple, tried and true
intervention methods
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Policies and training are, of course, critical to the prevention of bullying and harassment, but there are other avenues that you may not have considered. Diversity and inclusion have benefits that go far beyond compliance. Not only do companies that embrace diversity and inclusion outperform those that don’t, but understanding, accepting and valuing differences ensures a fairer, more collaborative environment with less conflict.
Join Catherine Mattice-Zundel, president of Civility Partners, a training and consulting firm focused on helping organizations build positive workplace cultures, as she explores strategies for using diversity and inclusion to prevent harassment and bullying.
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What constitutes bullying and harassment in the workplace
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Case studies of how bullying, inequities and harassment tie together, and how resolving one requires resolving all
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Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
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The law, social media and investigations roy mura - i-sight ii
1. The Law, Social Media and Investigations
930 Rand Building
14 Lafayette Square
Buffalo, New York 14203
716.855.2800 (V)
716.855.2816 (F)
roy.mura@muralaw.com
nycoveragecounsel.blogspot.com
linkedin.com/in/royamura
twitter.com/royamura
twitter.com/CoverageCounsel
Roy A. Mura, Esq.
MURA & STORM, PLLC
2. Click to edit Master title style
Introduction
• Roy Mura
Click to edit Master text styles
- fdsfds Roy Mura is the founder and managing member of law firm Mura & Storm,
PLLC. He has successfully litigated and tried insurance fraud and coverage
cases for insurers through trial and appeal in New York and writes and speaks
regularly for insurers, adjusters and investigators on various issues relating to
insurance coverage, fraud, “bad faith” and the defense of first- and third-party
claims. He also serves as General Counsel to the New York State Chapter of
the International Association of Special Investigation Units.
Joe Gerard
Joe Gerard is the VP of Sales & Marketing at i-Sight, a leading provider
of web-based case management software for corporate investigations.
He’s worked with companies like Dell, Coke, Allstate, BP and more than
100 others to implement improved investigative processes that leverage
best practices and case management.
3. Click to edit Master title style
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- fdsfds
Episode 52
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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Social media’s role in Steubenville case, NBC
Nightly News 03.17.13
• Click to edit Master text styles
“I really wonder had it
- fdsfds not been for social media
would we be sitting here tonight talking about
convictions in this case.”
Lisa Green, Legal Analyst
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
5. Click to edit Master title style
Nathalie Blanchard v. Manulife
• Click to edit Master text styles
Fall 2009 – Long-term disability benefits for diagnosed major
- fdsfds
depression discontinued after Manulife obtained photos from
Blanchard’s protected Facebook account
She claimed she was trying to have fun on the advice of her
treating doctor.
Friends-only Facebook pages
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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- fdsfds
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
7. Click to edit Master title style
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- fdsfds
Poll Question #1
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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The objective of SM research is…
• Click to edit Master text styles
- fdsfds
F S U
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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The process of…
• Click to edit Master text styles
Finding
- fdsfds
Securing
Utilizing
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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FSUing…
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- fdsfds
T I M
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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Which are…
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Text
- fdsfds
Images
Metadata
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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TIM that…
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…tend to confirm or
- fdsfds refute insurance policy
application representations.
…tend to confirm or refute the reported facts of an
incident, loss or claim.
…reflect positively or negatively on the employee’s,
insured’s or claimant’s credibility.
…provide leads for further investigation or items for
further conversation with the person under
investigation.
…are admissible in court or arbitration.
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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- fdsfds
“The problem with quotes
on the Internet is that you
never know if they’re
real.”
~~ Abraham Lincoln
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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So really, the process is…
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- fdsfds
F S (V) U
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
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Most Popular SN Sites by Hits
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May 2010 October 2012 February 2013
- fdsfds
1. Facebook Facebook Facebook
2. MySpace Twitter Twitter
3. Twitter LinkedIn LinkedIn
4. LinkedIn MySpace Pinterest
5. Ning Google+ MySpace
6. Tagged deviantArt Google+
7. Classmates LiveJournal deviantArt
8. hi5 Tagged LiveJournal
9. myYearbook Orkut Tagged
10. Meetup Pinterest Orkut
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
16. Click to edit Master title style
7 Up-and-Coming SNs
• Click to edit Master text styles
1. -Pheed
fdsfds
2. Thumb
3. Medium
4. Hootsuite’s Conversations
5. Chirpify
6. Flayvr
7. Chirp
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17. Click to edit Master title style
• Click to edit Master text styles
- fdsfds
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18. Click to edit Master title style
Tweeted Photos in 2011
• Click to edit Master text styles
- fdsfds
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19. Click to edit Master title style
YouTube Demographics
Click to edit Master text styles uploaded every minute.
72 hours of video are
•
-3 fdsfds of video is uploaded per minute from mobile
hours
devices.
Traffic from mobile devices tripled in 2011.
In 2011, YouTube had more than 1 trillion views or
around 140 views for every person on Earth.
500 years of YouTube video are watched every day on
Facebook, and over 700 YouTube videos are shared
on Twitter each minute
Over 4 billion hours of video are watched each month.
Considered to be the second most used search engine
in the world.
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20. Click to edit Master title style
• Click to edit Master text styles
- fdsfds
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21. Click to edit Master title style
• Click to edit Master text styles
2.8
- fdsfds
What is the average number of social networking
accounts most persons have.
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22. Why Are SocialMaster title style to
Click to edit Network Sites Useful
Investigators?
• Click to edit Master text styles
- fdsfds
Private Public
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23. Click to edit Master title style
• Click to edit Master text styles
A - fdsfds
fully filled-out Facebook profile contains about
40 pieces of recognizably personal information,
including name, birthday, political and religious
views, online and offline contact information,
gender, sexual preference and relationship status,
favorite books, movies, etc., educational and
employment history, and, of course, the user’s
picture.
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24. Click to edit Master title style
Top 3 Legal Areas in Which Social Media
Content is Used
• Click to edit Master text styles
- fdsfds
Matrimonial/Family Law
Employment Law
Personal Injury/Insurance Law
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25. Click to edit Master title style
Most people interact with the Internet to…
•Click to edit Master text styles
- fdsfds
…buy or sell things
…review or comment on things
…publish themselves
…socialize
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26. Click to edit Master title style
Sources of Useful SM Content
• Socialedit Master text styles
Click to networking sites
- fdsfds
Photo sharing sites
Buying/selling sites
Bulletin boards
Consumer review sites
Comment strings
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27. Click to edit Master title style
Searching SNS Anonymously
• Click to edit Master text styles
- fdsfds for anonymity
Need depends on the kind of site
Methods for anonymizing SNS visits:
Proxy anonymizing software or hardware
Alternate, unidentifiable account profiles
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28. Click to edit Master title style
Who’s Looking at Me?
Canfdsfds Master text styles ’s been looking at their
•
users see who
Click to edit
-
profiles?
Friendster YES
Ziggs YES
Facebook MAYBE
MySpace NO
Twitter NO
LinkedIn DEPENDS
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29. Click to edit Master title style
LinkedIn
• Click to edit Master text styles
- fdsfds
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30. Click to edit Master title style
LinkedIn Profile Viewing
• Click to edit Master text styles
- fdsfds
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31. Click to edit Master title style
Anonymous Web Surfing
Click to edit Master text styles URL:
• Web-based per
- fdsfds
Anonymouse
Ninja Proxy
HideMyAss
Software-based browser add-ons:
Tor
Hardware:
IronKey®
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32. Click to edit Master title style
• Click to edit Master text styles
- fdsfds
Poll Question #2
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33. Click to edit Master title style
Usefulness of SM Content
• Click to edit Master text styles
The usefulness of SM content will depend
- fdsfds
on its:
1.verification to the purported creator or
source.
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34. Click to edit Master title style
Verification of SM Content or Data
•
Three edit Master text styles
Click to
ways:
- fdsfds
1.An acknowledgement by its creator that it's
his or hers.
2.Forensic computer evidence linking the
material to the purported author.
3.Circumstantial evidence establishing that the
material was in fact created by the person
whose name or image the material relates to.
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35. Click to edit Master title style
Admissibility of SM Content
• Click to edit Master text styles
The admissibility of SM content will depend
- fdsfds
on its:
1.authenticity or reliability; and
2.relevance.
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36. Click to edit Master title style
Authentication of SM Content
• Click to edit Master text styles
How the content is secured
- fdsfds
will affect the
authenticity/reliability prong of the admissibility
test.
SM content thought to be relevant can be
secured in either of two forms:
1. electronic
2. paper
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37. Click to edit Master title style
Securing Content from SN Sites
• Click to edit Master text styles
- fdsfds
Unprotected Content
Protected Content
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38. Click to edit Master title style
Securing Unprotected Content
• Click to edit Master text styles
Printing to paper
- fdsfds
Printing to PDF or another electronic
file format
Downloading images
Screen shot & video captures
Digital evidence recorders, e.g.,
Camtasia Studio & Screenr
Website copiers, e.g., HTTrack
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39. Click to edit Master title style
Securing Protected Content
• Click to edit Master text styles
- Voluntary production by insured/claimant
fdsfds
Authorization from user
Disclosure by persons with access
Honest friending
Fake friending or other pretextual means
Discovery in litigation
Subpoena
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40. Click to edit Master title style
Facebook Content Download
• Click to edit Master text styles
- fdsfds
When you download your information your file will include:
•Your profile (timeline) information (ex: your contact information, interests, groups)
•Wall (timeline) posts and content that you and your friends have posted to your profile
(timeline)
•Photos and videos that you have uploaded to your account
•Your friend list
•Notes you have created
•Events to which you have RSVP’d
•Your sent and received messages
•Any comments that you and your friends have made on your Wall (timeline) posts,
photos, and other profile (timeline) content
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41. Click to edit Master title style
Pretexting
• Click to edit Master text styles
The use of impersonation or fraud to trick another
- fdsfds
person into releasing personal information.
An effort or strategy intended to conceal
something.
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42. Click to edit Master title style
Is Pretexting Permitted?
NO – The US Gramm-Leach-Bliley Act prohibits pretexting
• Click to edit Master text styles
- fdsfds
[defined in the Act as the use of false pretenses, including
fraudulent statements and impersonation] to obtain consumers’
personal financial information.
NO – Similarly, under the Fair Debt Collection Practices Act (15
USC 1692e(10)) “the use of any false representation or
deceptive means to collect or attempt to collect any debt or to
obtain information concerning a consumer” is violative of the Act.
NO – One state explicitly prohibits investigative pretexting. Be
aware of and follow your company’s policy on pretexting in
investigations.
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43. Click to edit Master title style
Is Pretexting Permitted? (cont.)
NO – Facebook’s Terms of Service prohibit
Click to edit Master text styles
•
- fdsfds
providing any false personal information, create an
account for anyone other than yourself without
permission, or creating more than one personal
profile.
NO – MySpace’s Terms of Service prohibit
impersonating or attempting to impersonate any
person or entity.
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44. Click to edit Master title style
“Pretext Interview”
• Click to edit Master text styles
The -NAIC Model Act defines a pretext interview as:
fdsfds
"an interview whereby a person, in an attempt to obtain information
about a natural person, performs one or more of the following acts:
1) pretends to be someone he or she is not;
2) pretends to represent a person he or she is not in fact representing;
3) misrepresents the true purpose of the interview; or
4) refuses to identify himself or herself upon request.”
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45. Click to edit Master title style
Hacking & Anti-Impersonation Statutes
The FederalMaster text styles
• Click to edit Computer Fraud and Abuse Act makes it
criminal to “intentionally access … a computer without
- fdsfds
authorization or exceed ... authorized access.”
United States v. Lori Drew, 259 F.R.D. 449 (C.D. Cal.
2008).
Two states – California and Texas – prohibit impersonating
someone online without that person’s consent.
Cal. Penal Code § 528.5 (“… actual person … for purposes
of harming, intimidating, threatening, or defrauding another
person”)
Tex. Penal Code Ann. § 33.07 (“… with the intent to harm,
defraud, intimidate, or threaten any person)
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46. Click to edit Master title style
Pretexting by Insurance Investigators
• Click to edit Master text styles
The National Association of Insurance Commissioner's
- fdsfds
Insurance Information and Privacy Protection Model Act
(NAIC 670-1) states:
No insurance institution, agent or insurance support organization shall
use or authorize the use of pretext interviews to obtain information in
connection with an insurance transaction; provided, however, a pretext
interview may be undertaken to obtain information from a person or
institution that does not have a generally or statutorily recognized
privileged relationship with the person about whom the information
relates for the purpose of investigating a claim where, based upon
specific information available for review by the commissioner, there is a
reasonable basis for suspecting criminal activity, fraud, material
misrepresentation or material non-disclosure in connection with the
claim.
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47. Legal in US for Master title style Content
Click to edit Insurers to Gain SM
by Pretextual Means?
•Click to edit Master text styles
No- statutes
fdsfds
regulations
case law
saying it is or is not legal.
Yet…
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48. Pretextto edit Master title US with Fraud
Click Interview Statutes in style
Exception
•AZClick to edit Master text styles
– Arizona Revised Statutes - Title 20 Insurance - Section 20-2103
CA - fdsfds
– California Insurance Code Section 791.03
CT – Connecticut Statutes Sec. 38a-978
GA – Georgia Code - Insurance - Title 33, Section 33-39-4
IL – Illinois 215 ILCS 5 Illinois Insurance Code. Section 1004
ME – Maine 24-A M.R.S. § 2205
MA – Massachusetts ALM GL ch. 175I, § 3
MT – Montana Code Anno., § 33-19-201
NJ – New Jersey Statutes 17:23A-3
NC – North Carolina General Statutes § 58-39-20
OH – Ohio Revised Code - Title XXXIX Insurance - Section 3904.03
OR – Oregon State Statutes, § 746.615
VA – Code of Virginia - Title 38.2 Insurance - Section 38.2-603
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49. Click to edit Master title style
Pretexting Prohibited
Minnesota Statutes Annotated 72A.493 - Obtaining
• Click to edit Master text styles
- fdsfds
Information by Improper Means
An insurer, insurance agent, or insurance-support
organization must not obtain information or authorize
another person to obtain information in connection with an
insurance transaction by:
1) pretending to be someone else;
2) pretending to represent a person;
3) misrepresenting the true purpose of the interview; or
4) refusing to provide identification upon request.
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50. Click to edit Master title style
• Click to edit Master text styles
- fdsfds
Poll Question #3
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51. Click to edit Master title style
Subpoenas
Click to edit Master text styles
•
Criminal
- fdsfds
Civil
In general
Facebook
MySpace
In general, Facebook and other SN providers are no
longer providing content of a person’s SN
account pursuant to civil subpoenas.
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52. Click to edit Master title style
Is SNS Content Private?
• Click to edit Master text styles
“I agree that material posted
- fdsfds on a ‘private’
Facebook page, that is accessible to a selected
group of recipients but not available for viewing by
the general public, is generally not privileged, nor
is it protected by common law or civil law notions
of privacy.[1]”
Tompkins v. Detroit Metropolitan Airport,
Case No. 10-10413 (E.D.Mich. decided 1/18/2012)
See, also, Davenport v. State Farm, Case No. 3:11-cv-632-J-JBT (M.D.
FL decided 2/21/2012)(“Generally, SNS content is neither privileged
nor protected by any right of privacy.”)
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53. Click to edit Master title style
Is SNS Content Private? (cont.)
“If you post a tweet, just like if you scream it out
Click to edit Master text styles
•
- fdsfds
the window, there is no reasonable expectation of
privacy. There is no proprietary interest in your
tweets, which you have now gifted to the world. * *
* There is no reasonable expectation of privacy for
tweets that the user has made public. It is the act
of tweeting or disseminating communications to
the public that controls.”
People v. Harris, 2012 NY Slip Op 22175 (NYC Crim. Ct., NY Co., June
30, 2012)
Mura & Storm, PLLC ▪ Buffalo, NY ▪ 716.855.2800
54. Click to edit Master title style
Is SNS Content Private? (cont.)
• Click to edit Master text styles
“When a person creates
- fdsfds
a Facebook account, he
or she may be found to have consented to the
possibility that personal information might be
shared with others, notwithstanding his or her
privacy settings, as there is no guarantee that the
pictures and information posted thereon, whether
personal or not, will not be further broadcast and
made available to other members of the public.
Loporcaro v. City of New York, 2012 Slip Op 30977(U) (Sup. Ct.,
Richmond Co., April 9, 2012)
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55. Click to edit Master title style
Discoverability of Private SN Info
• Many USMaster text stylesCanadian courts have
Click to edit and some
permitted the discovery of protected SM content.
- fdsfds
To be enforceable, the discovery demand must
be both:
(1) narrowly tailored to produce relevant
information; and
(2) reasonably calculated to lead to the discovery
of admissible evidence.
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56. Click to edit Master title style
Discoverability of Private SN Info (cont.)
• Click to edit Master text styles
Relevant information in the
- fdsfds private section of a social
media account is discoverable. Glazer v. Fireman's Fund
Insurance Company, 2012 WL 1197167, *3-*4 (S.D.N.Y.
April 5, 2012). It is not privileged nor protected from
production by a common law right of privacy. Tompkins v.
Detroit Metropolitan Airport, 278 F.R.D. 387, 388 (E.D.
Mich. 2012). But a litigant has no right to serve overbroad
discovery requests that seek irrelevant information.
Glazer, above; Tompkins, 278 F.R.D. at 389.
Howell v. The Buckeye Ranch (S.D. Ohio 10/1/2012)
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57. Click to edit Master title style
Discoverability of Private SN Info (cont.)
“The Plaintiff has text styles Facebook privacy settings to
• Click to edit Master set her
- fdsfds
private and has restricted its content to 67 ‘friends.’ She
has not created her profile for the purpose of sharing it with
the general public. Unless the Defendant establishes a
legal entitlement to such information, the Plaintiff ’s privacy
interest in the information in her profile should be
respected.”
Schuster v. Royal & Sun Alliance Ins. Co. of Canada, 2009
CanLII 58971 (ON SC)(October 29, 2010)
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58. Click to edit Master title style
Spoliation of ESI
• SM data representsstyles
Click to edit Master text electronically stored information(ESI).
- fdsfds
Parties in control of their own ESI are obligated to
preserve it in the event civil disputes develop into
lawsuits, especially if they are placed on notice of the
obligation to do so.
Plaintiff … has been on notice that defendants seek
information in the private sections of her social media
accounts since being served with defendants' second set
of interrogatories. She remains under an obligation to
preserve all the information in those accounts.
Howell v. The Buckeye Ranch (S.D. Ohio 10/1/2012)
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59. Questions or Comments?
Roy A. Mura, Esq
MURA & STORM, PLLC
roy.mura@muralaw.com
Joe Gerard
Vice-President, Marketing and Sales
i-Sight Software
j.gerard@i-sight.com