In this intensive session you will learn from four top companies how to: sort credible abuse issues from cranky Internet citizens; develop a DMCA plan that works; HIdPPAA compliance leads to increased revenue; how to market your products and comply with the FTC’s new marketing rules; why compliance is central to your business strategy. This session will include three fact based tutorials on DMCA, hacking, subpoenas, HIPPA/HITECH and FTC rules, as well as the opportunity to ask questions of prominent hosting executives who understand both the mechanics and value of compliance.

1. Fraud, Infringement, HIPAA and Treble Damages:
Creating Compliance Strategies That Work
Moderator: David Snead: Attorney, W. David Snead, P.C.
Panelists: Dev Chanchani: CEO, INetU, Inc.
Tom Chernaik: CEO, Cmp.ly
Dan Ushman: Founder/CMO, SingleHop, Inc.
Mike Witty: Director of Network Compliance, ServInt Inc.

2. Roadmap
• Why is compliance important?
• DMCA and compliance strategy.
• FTC and regulatory compliance.
• HIPAA / HITECH compliance.
• Question and answer

3. DMCA and compliance strategy.
Mike Witty: Director of Network
Compliance, ServInt Inc.

4. Establishing a
DMCA
compliance Strategy &
procedure

5. READ THE DMCA
Digital Millennium Copyright Act
http://en.wikipedia.org/wiki/DMCA
Online Copyright Infringement Liability Limitation Act (OCILLA)
“Safe Harbor”
http://en.wikipedia.org/wiki/Online_Copyri
ght_Infringement_Liability_Limitation_Act

6. Designate an agent
U.S. Copyright Office
http://www.copyright.gov/onlinesp/
Interim Designation of Agent to Receive Notification of
Claimed Infringement
Amended Interim Designation of Agent to Receive
Notification of Claimed Infringement
 Directory of Agents

7. Processing a COMPLAINT
 Verify that all DMCA requirements are present
- Location of original content
- Location of infringing content
- Contact Information
Name
Address
Phone Number(s)
E-Mail Address
- “I have a good faith belief...”
- “I swear, under penalty of perjury, that the information...”
- Signature
 Respond to the complainant
 Present the complaint to your customer
- 3 days to comply (24-hour grace period)
 Verify that the content has been removed
 Respond to the complainant
 Close the case and archive

8. COUNTER-NOTICEs
Your customer must still comply with the DMCA notice
and remove the content
A counter-notice may only be filed after your customer
has removed the content
- Identification and location of previously-removed content
- Contact Information
- “I swear, under penalty of perjury, that the content...”
- Consent to the jurisdiction of a federal court
- Consent to accept service of process from the complainant
- Signature
 The complainant has 10-14 days to file a law suit
 The content may be restored
 Notify the complainant
 Close the case and archive

9. CHALLENGES
 Ignorance of DMCA law and procedure
- Canned text with links
- Links on your website in your AUP
 Resistance to compliance
- “Guilty before innocence”
 Repeated DMCA complaints received
- Your obligation is unchanged
- Customer should seek legal counsel
 Repeat Infringers
 Language Barriers

10. FTC and regulatory
compliance.
Tom Chernaik: CEO, Cmp.ly

11. How Prepared Are You?
Create & Implement Process
Ensure Disclosure in all SM Formats
Monitor Influencers for Compliance
Follow Up & Takedown
Manage Compliance Actions
Document Audit Trail
Scale Efforts Across Brands & Programs
Make Efficient Use of Human Resources

12. Regulatory Environment
"As a practical matter, social media is now a regulated
industry; and all stakeholders are responsible for
compliance with the FTC Guides. As a result, all
marketers, agencies, and brands must develop a 'culture of
compliance' where the vocabulary of risk management is a
central aspect of an advertising strategy.”
– Tony DiResta, Partner at Winston & Strawn
General Counsel of WOMMA
"If law enforcement becomes necessary, our focus will be
advertisers, not endorsers – just as it’s always been.”
– FTC Factsheet on Update to Endorsement Guides

13. Notable Regulatory Events
• FTC action
(endorsements)
• FTC action
(astroturfing)
• FTC action (affiliate
marketing)
• State action (NY State)
• TBD (SEC/FTC)
• UK OFT action (foreign
jurisdictions)

14. Risks of Non-Compliance
Regulatory Action /
Investigations
Significant legal costs
Penalties and settlement terms
Potential for erosion of brand trust
Court of Public Opinion
Consumers, Bloggers,
Social media backlash
Blacklisting
PR Nightmares
Scandals
Reports & investigations
Bad press & negative opinions

15. AVOID THE CALL

16. What Should We Consider?
• Platforms
• Programs
– Sampling / Reviews / Gifting / Fly Aways / Haul
Video
– Paid Review / Endorsement / Mentions
– Contests / Promotions
– Blogs / Posts / Status / Videos
• Influencers
– Blogger / Influencer Outreach
– Employee influencers
– Agencies / Partners / Affiliates

17. Your Message Here
Include:
 Your complete marketing message
 Link to content
 Call to action
 Contest & promotion rules
 Required disclosures

18. The Challenges of Compliance
Short, Simple, Clear & Conspicuous
Space limitations - 140 Characters or less
Universal, standardized & recognizable
Fine print, terms, rules, etc.
Management Challenges
Communicate policies and document participant acceptance
Multiple programs, brands, agencies, stakeholders, platforms
Maintain control across multiple influencer channels
Scale Challenges
Ensure proper use of disclosures – enforce policies
Monitor for omitted disclosures / compliance at influencer level
Understand the context of specific messages/posts/tweets
Document follow up actions
Archive audit trail data of all program activities

19. Disclosure Challenges

20. Ad Hoc Compliance Solutions

21. What About Hashtags?
• #AD What is wrong with that?
• #SPON • Not standardized
• #Endorse • Tracking is limited
• Does not scale

22. Managing Scale
6/3
6/13
7/8

23. Social Media & Microblogging

24. Blogs & Web Sites

25. Contests & Promotions

26. Contests & Promotions

27. Preparedness Checklist
✔ Create & Implement Process
✔ Ensure Disclosure in all SM Formats
✔ Document Compliance
✔ Monitor Influencers for Compliance
✔ Follow Up & Takedown
✔ Audit & Archive
✔ Scale Efforts Across Brands & Programs
✔ Efficient Use of Human Resources

28. HIPAA / HITECH compliance
Dev Chanchani: CEO, INetU, Inc.

29. Today’s Topics
• HIPAA = LAW = Ambiguous
• HITECH draws HIPAA Law into the Our
Technology Arena
• Take a “Time Out”
• Real Risks = Real Challenges

30. HIPAA is LAW
… you need to treat it differently than
you do a “compliance standard”
Whom does HIPAA affect?
• Anyone who uses health care or health
insurance
• Health insurers
• Doctors
• Hospitals
• Employers who provide health insurance
• Life insurers
• Public health authorities
• Billing agencies
• Information system vendors
• Health service organizations

31. HIPAA safeguards PHI
(Protected Health Information)
Simply: You can’t know about
my personal medical history
unless I give you my express
permission.
…and if you view it without my permission, you
need to tell me about it!

32. HITECH
HITECH augments HIPAA
…by placing business
associates, such as
hosting providers and data
centers, squarely on the
“compliance hook”

33. TIME OUT !

34. RISK Management
 The hosting provider is a point of
compliance – do not underestimate this.
 Understand Whistleblower Laws
 Expect federal funding for enforcement
(HIPAA Police)
 Don’t be scared – Be prepared

35. Question and answer

36. Thanks for coming!
Moderator: David Snead
david.snead@dsnead.com
Panelists: Dev Chanchani
dev@inetu.net
Tom Chernaik
tom@cmp.ly
Dan Ushman
dushman@singlehop.com
Mike Witty
witty@servint.com