Social media can create relevance and connect you to your audience, but does it create legal issues for your organization as well? Learn more about social media and what legal issues you need to be aware of.

1. of social media . 11.17.09 some points and pitfalls of

2. today… – 5 points about social media – 6 legal pitfalls

3. David from MediaSauce talks about social media.

4. a little bit about me…

5. work.

6. sauce.

7. it all matters!

8. social media is about people, not technology.

9. listen. tell stories. be honest. have conversations.

10. the world is having a social makeover 1

11. why do you join anything? fraternity? cause? church? a social network?

12. you join because it’s… social (connections) relevant (to your life) interesting (to you)

13. what is social media?

14. social hey there. hello. let’s knit!

15. media

16. social media

17. what’s the BIG PICTURE for business?

18. social media is here to stay.

19. 3 out of 4 americans use social technology forrester, the growth of social technology adoption, 2008

20. online adults with a social network profile age group 30% 35-44 19% 45-54 17% 55+ 25-34 57% 18-24 75%

21. social media creates BIG opportunities to be first movers

22. whoever has the most connections changes the game.

23. whoever has the most connections changes the game.

24. whoever has the most connections changes the game.

25. whoever has the most connections changes the game.

26. be true to you and get comfortable 2

27. what does it mean to be social? if you’re 41 and married with 2 kids? if you’re 25 and single? if you’re retired and widowed?

28. social means something different to everyone. if you’re 41 and married with 2 kids? if you’re 25 and single? if you’re retired and widowed?

29. listen to your audience

30. get in the game 3

31. you’ve got to be in the game to change it

32. i knew a man who grabbed a cat by the tail… – mark twain “

33. i knew a man who grabbed a cat by the tail… and learned 40% more about cats than the man who didn’t – mark twain “ ”

34. it's not about putting up a billboard on I-465 anymore…

35. it's about connecting with people

36. not about shouting a message

37. 4 a little matters a lot

38. my.barackobama.com

39. 0.3% of the population joined my.barackobama.com (approx. 1 million people)

40. 0.6% of registered voters

41. 1.2% of registered democratic voters

42. big lesson of the day

43. 1–2% of your audience can create a successful and activated community

44. simple tools for people that care

45. 5 make it matter (to someone)

46. so what do you do? be ing relevant and add ing value are always key elements

47. 41% of americans want companies to solicit feedback on their products and services. 2008 cone business in social media study

49. finding relevance in an irrelevant world

50. don’t forget the O search engine o ptimization

51. social media parachutes people in

53. reviews ratings retweets reposts creating relevance or legal issues?

54. Mike from Ice Miller talks about legal pitfalls of social media.

55. social media overview Social media is changing the way that the world does business and those who best understand how to use social media will thrive. The use of technology, the internet and most recently social media in business, B2B or B2C e-commerce, m-commerce (mobile commerce), and other mobile applications creates many legal issues.

56. Social media cannot be ignored , and neither can the legal issues surrounding the use of social media. social media overview

57. 1 employment practices

59. Employee's post-employment activities is a controversial area… who owns the information? how is it protected? employment practices Some states prohibit an employer from interfering with employee’s activities at home.

60. 2 user terms & conditions

61. Almost always to participate in an on-line services, you must hit the "I agree" button which means that you will be bound by the terms and conditions of the site. user terms and conditions

62. user terms and conditions Most people do not read the terms and conditions of use. Do you? LinkedIN FaceBook Twitter Youtube

63. 3 new FTC guidelines

64. Consumer-referral driven economy is creating the need for further regulation to maintain (or create) truth in advertising E-Advertisement Guidelines: New FTC Guidelines $ 1.35 billion dollars in social media advertising in 2007 and expected to grow to $3.7 billion by 2011

65. Revised FTC guidelines relating to Endorsements and Testimonials take effect December 1, 2009: Disclaimers such as "results not typical" are deemed insufficient to correct consumer misperceptions about products or services); must have independent substantiation for claims

66. Revised FTC guidelines relating to Endorsements and Testimonials take effect December 1, 2009: Effectively eliminates anonymous blogs or websites designed to create web traffic, to promote own products or services or to criticize competitors' products or services; "all material connections" must be disclosed

67. Company and Marketers responsible for misrepresentations or statements for hired blog services, employees, third parties reviewers who receive free samples; must affirmative train and monitor. Revised FTC guidelines relating to Endorsements and Testimonials take effect December 1, 2009:

68. 4 other regulatory & limitations

69. Use of social media is a hot topic in highly regulated industries or with sensitive persons (such as in health care/ pharmaceuticals, financial services, collection services, legal, and the effect of regulations or laws such as the FCC, FTC, FDA, SEC, Attorneys General opinions, or laws involving children, entertainment, labor unions, or politics). other regulatory and limitations

71. 5 intellectual property

72. Growth of brand marketing, proliferation of free and available artwork, open and transparent internet and worldwide markets make intellectual property protection extremely difficult intellectual property Copyright protection Trademark protection: use of protected trademarks is a huge issue in social media—how and when to enforce License agreements

73. 6 personal torts & the 1st amendment

74. Cyberslander, harassment and defamation are growing in popularity, especially by former employees ("Sticks and Stones can Break your Bones, but Words can Hurt You More”) personal torts & 1st amendment Consumers posting of positive and negative experiences on social networking sites, such as YouTube ("United Breaks Guitars" video—6 million hits; 23,000 comments; 15 related videos—including Taylor Guitar Responds) Discovery of individuals involved in miscreant behavior

75. Consumer complaint sites; (ripoffreport.com states: "we never remove reports even when they are claimed to contain defamatory statements, and even if the original author requests it”) personal torts & 1st amendment Immunity under the Communications Decency Act 47 U.S.C. § 230 for internet portals Violations of the Consumer Fraud and Abuse Act (18 USC § 1030) Insurance Coverage: some insurance companies are creating new products intended specifically for risks posed by social media and business cybertorts.

76. questions…

77. contact us: – [email_address] – [email_address]