Gagnier's Portion of TechWeek Chicago Presentation
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This document discusses various legal issues related to the use of social data, including copyright, right of publicity, trademarks, defamation, content regulation, marketing, workplace issues, and due diligence. It notes that many businesses and individuals lack an understanding of the applicable legal requirements and risks, such as content removal, penalties, and lost opportunities. It provides an overview of key areas of law and encourages learning the "rules of the road" to avoid these risks when creating, commercializing, and enforcing rights related to content and speech online or in other digital contexts.
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Gagnier's Portion of TechWeek Chicago Presentation
- 1. YouSued.com Law & Social Data By: David M. Adler Leavens, Strand, Glover & Adler, LLC 203 North LaSalle Street, Suite 2550 Chicago, Illinois 60601 @adlerlaw
- 3. Overview Many Businesses & Individuals Lack Resources Inadequate understanding of legal and regulatory requirements Rights owners and Users can benefit Ignorance = Risk content removed civil and criminal penalties Lost time, money and business opportunities Learn the “Rules of the Road” for creation, commercialization and enforcement of the rights and
- 4. Copyright Protects Content Rights Acquisition Infringement Issues Digital Millennium Copyright Act (DMCA) Non-Preemptable Common Law Claims Hot news, Breach of Contract, Digital Tresspass
- 5. Right of Publicity Right to control and to choose whether and how to use an individual’s identity for commercial purposes Personal Identity Attributes: (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice 19 states with Rt. Of Publicity Statutes, 28 states recognize common law right Defenses: identity not used (Question of fact),
- 6. Trademarks Scope Copycats: Brandjacking / Cybersquatting Comparative Advertising Liability For Trademark Infringement Defenses Product Placement
- 7. Defamation Definition: slander (statements) and libel (written, broadcast, or published) FALSE claim, either express or implied Per Se (crime, disease, integrity, sexual conduct) & Per Quod Defamation In Cyberspace (Section 230) Former Head / VP Indian Cricketing League fined US$140,000 for Libelous Tweet. Selected Defenses: IL: (i) fair report privilege, (ii) substantial truth, & (iii)
- 8. Content & Speech Regulation Obscenity / Communications Decency Act - Obscene Materials Children: Children's Online Privacy Protection Act (COPPA) & Children's Internet Protection Act (CIPA) State Regulation First Amendment State Laws NY bills S6779 A8688 - would ban “anonymous” speech AZ bill 2529 – criminalizes any speech that could be construed as cyber-bullying WA SB 6251 – criminalizes providing access to third parties' “offensive” materials by online service
- 9. Marketing Issues CAN-SPAM Promotions Sweepstakes / Contests FTC Endorsement / Testimonial Guidelines Regulate Industries: FTC, FDA, FINRA, SEC, NLRB Platforms/Transmedia
- 10. Workplace Issues The NLRB released 3 Reports, the latest May 30, 2012 An employer violates the Act if a rule “would reasonably tend to chill employees in the exercise of their Section 7 rights.” Practical Applications No Policy. According to Grant Thornton, as of Nov. 2011, 79% of companies surveyed did not have social media policies Policy Unenforceable. In 2011, the NLRB had received 129 cases involving social media Policy Unclear. Training employees is just the beginning; AU telecom co. Telstra (40,000+ employees) mandates training “3Rs” – responsibility, respect and representation Policy Outdated. Oct. 2011 FTC settles with Frostwire, developer of p2p file-sharing application over the default privacy settings Loss of Trade Secrets. Phonedog. Christou v. Betaport
- 11. Due Diligence Contracts/Policies/Procedures Social Media & Privacy BYOD Affiliates/Sponsors/Contractors Clearance Copyright/Trademark/Right of Publicity Compliance State & Federal Regulations
- 12. Thank You! David M. Adler | Leavens, Strand, Glover & Adler, LLC 203 North LaSalle Street, Suite 2550 Chicago, Illinois 60601 Direct: (866) 734-2568 Fax: (312) 275-7534 www.ecommerceattorney.com www.lsglegal.com adlerlaw.wordpress.com @adlerlaw
- 15. Experience won’t just be about the tool you build, but it will include how you manage sensitive data and how you respect users.
- 16. This talk is not about Facebook. This talk is about you.
- 17. uncharted legal territory What do we mean by “privacy?”
- 19. Distinguishing Fourth Amendment from privacy in the civil sense.
- 21. Personally Identifiable Information (Pii)
- 22. “Personally identifiable information” is information that identifies a particular person. “Pii” includes: • Full name; • National identification number; • IP address; • Vehicle registration plate number; • Driver’s license number; • Face; • Fingerprints; • Handwriting; • Credit card numbers; • Digital identity; • Date of birth; • Birthplace; and • Genetic information.
- 23. federal movement on privacy I just want to build cool stuff. Why should I care?
- 25. Problem #1: The laws around data reside in industry silos.
- 27. Few pieces of key legislation: Do Not Track Act Commercial Privacy Bill of Rights Act of 2011 Personal Data Privacy and Security Act Secure and Fortify Electronics Data Act (SAFE) Data Security and Breach Notification Act
- 28. Problem #2: They aren’t getting it in DC.
- 29. Silicon Valley, Alley, Beach > DC
- 30. Problem #3: This isn’t going away.
- 31. FTC Action Opting Out = ScanScout Children’s Privacy = SkidKids
- 32. California Privacy Policy Required
- 33. oh crap. What Developers Can Do
- 35. What people care about: Data control Data minimization Data portability Data withdrawal
- 36. Here are a few places to start:
- 37. Conducting an assessment on privacy and data security.
- 38. Audit:
- 39. type Audit:
- 40. type amount Audit:
- 41. type amount Audit: use
- 42. type amount Audit: use intake
- 43. Architectural solutions to privacy. Build with privacy in mind.
- 44. Policy solutions to privacy.
- 45. Privacy policies and practices in their current incarnation are not working.
- 48. kidz. yes, different rules apply.
- 50. Minors Children’s Online Privacy Protection Act
- 51. Children’s Online Privacy Protection Act Requires websites to get parental consent before collecting or sharing info for children under 13 Enforced by the Federal Trade Commission Applies to commercial websites and other online services If you know you have minors on your site, close the accounts
- 52. Children’s Online Privacy Protection Act To comply: Post a privacy policy/advise whenever personal information collected Parental notice, consent, access to information Can’t condition participation on providing more info Confidentiality & security of information
- 53. keeping all things “cyber” secure. super duper uncharted legal territory.
- 55. Current Legal Regime Applied: Computer Fraud and Abuse Act Economic Espionage Act State Level Regulation
- 56. Hillz? Send those files to China? Text Shit.
- 57. We just scratched the surface.
- 58. Lawyer Christina Gagnier @gagnier gagnier@gamallp.co m
- 59. ?
Editor's Notes
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- How we define user experience is going to change. \n
- I am not here to rail against one company. This talk is applicable to companies of all shapes and sizes. \n
- So, if you think you’re still trying to figure it all out, the legal and policy “systems” are already behind and trying to catch up. But, with one piece of legislation, the tables could be turned. A lot of this is based on norms, which we are trying to figure out.\n
- I am not here to rail against one company. This talk is applicable to companies of all shapes and sizes. \n
- This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
- This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
- This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
- This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
- So, if you think you’re still trying to figure it all out, the legal and policy “systems” are already behind and trying to catch up. But, with one piece of legislation, the tables could be turned. A lot of this is based on norms, which we are trying to figure out.\n
- I am not here to rail against one company. This talk is applicable to companies of all shapes and sizes. \n
- There are host of laws on privacy, they have just been created to address issues industry by industry. Consumer privacy and security online is just part of the newest set of considerations. Also, laws vary dramatically from country to country. \n
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- This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
- By they, I refer to Congress. \n
- There is a disconnect between what happens in the private and public sector. Huge chasm between Silicon Valley and Washington, DC.\n
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- This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
- This is new for all of us. There are not a lot of answers. We’re figuring out the metes and bounds of what we can do. What users want. How the legal infrastructure at all levels of government will react. \n
- So, if you think you’re still trying to figure it all out, the legal and policy “systems” are already behind and trying to catch up. But, with one piece of legislation, the tables could be turned. A lot of this is based on norms, which we are trying to figure out.\n
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- First, start by considering what your users care about, the types of things that drive complaints on the company level and to regulatory agencies like the Federal Trade Commission. Mention Social Network Users’ Bill of Rights.\n
- I am going to run through a few things you can do to think about this holistically from a strategic perspective.\n
- Do an impact analysis. Figure out what you’re doing, your strengths and weaknesses. This is essential before taking any active measures. When I do this, I dissect the platform before I give an analysis of what’s going on or needs to be changed.\n
- Pretty simple outline. Geolocation. Obvious v. Inferential data.\n
- Pretty simple outline. Geolocation. Obvious v. Inferential data.\n
- Pretty simple outline. Geolocation. Obvious v. Inferential data.\n
- Pretty simple outline. Geolocation. Obvious v. Inferential data.\n
- Building with privacy in mine. Granular controls. Opt in v. opt out. Making privacy and security part of the enrollment process.\n
- After the solutions you can consider around the build, you can also look at your policies and response mechanisms.\n
- No one reads them. They may need to be there. Come up with a better more experiential alternative. \n
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- We just discussed some of the ways you can be prepared to tackle privacy and security with data. \n
- We just discussed some of the ways you can be prepared to tackle privacy and security with data. \n
- We just discussed some of the ways you can be prepared to tackle privacy and security with data. \n
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- US, make DoS attacks illegal and punishable by up to 10 years of imprisonment, through the National Information Infrastructure Protection Act of 1996 \n\n
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