Social Networking and Cloud Computing

1. Copyright 2010 (c) Deirdre J. Kamber, All Rights Reserved 1 Business Real Estate Land Use Commercial Litigation Bankruptcy Estate Planning & Taxation Healthcare Employment Family Law TWITTER WHILE YOU WORK: THE LEGAL IMPACT OF SOCIAL MEDIA, SOCIAL NETWORKING AND CLOUD COMPUTING IN THE WORKPLACE DEIRDRE J. KAMBER, ESQUIRE, CHP DKamber@FLBLaw.com 610.797.9000 ext. 383

3. Employment

4. Labor

5. Information Privacy/Information Access

6. School Law

7. Unemployment Compensation, and

8. Healthcare

9. Attorney, admitted in Pennsylvania, New York and U.S. Supreme Court

10. Labor and management representation

11. From outsourcing HR work, to trainer, to litigation

12. Work Website: http://www.flblaw.com/attorney_directory/deirdre_kamber.asp

16. Businesses are responsible for creating policies, procedures and programs to address employee use.

17. We are responsible for the impact of social media from our client base.

18. We are using cloud computing for data storage, and we are responsible for how our electronic records are stored.

20. Social media, networking and our clients

21. The impact of cloud computing

22. What does the caselaw say?

25. Where are we now?

26. Social media is not a fad; it is a multimillion dollar issue for organizations. Look at Dirty Dominos, or United Airlines; what did it cost?

27. It is more important, statistically, to have a virtual office than a real one. WHERE ARE WE?

29. Copyright 2010 (c) Deirdre J. Kamber, All Rights Reserved 9 Ibibo * Adult FriendFinder * Advogato * Amie Street * ANobii * ASmallWorld * Athlinks * Avatars Last.fm * United * Badoo * Bebo * Bigadda * Big Tent * Biip * Black Planet * Blogster * Broadcaster Yelp, Inc. * Youmeo * Zoo.gr * Buzznet * Café Mom * Cake Financial * Care2 * Classmates.com * Cloob * College Tonight * Couch Surfing * Daily Booth * Daily Strength * Decayenne * Deviant Art * DisABoom * Dol2day * DontStayIn * Draugiem.lv * Elftown * Epernicus * Eons.com * Italki * Experience Project * Exploroo * Facebook * Faceparty * Faces.com * Fetlife * Filmaffinity * Fledgewing * Flixter * Flickr * Fotolog * Friends Reunited * Friendster * Fruhstuckstreff * Fubar * Gaia Online * GamerDNA * Gather.com * Gays.com * Geni.com * Gogyoko *Hi5 * Goodreads * Gossipreport.com * Grono.net * Habbo * Hospitality Club * Imeem * IRC-Galleria InterNations * Itsmy * Iwiw * Jammer Direct * Kaioo Kaixin001 * KIwibox * LibraryThing * LifeKnot LinkedIn * Live Journal * Lunar Storm * MeetIn * Meetup.com * Mobikade * MocoSpace * Mouthshut * Live Mocha * MOG * Mixi * Jaiku * Multiply * Muxlim * MyAnimeList * My Church * My Heritage * My Life * My LOL * My Opera * MySpace * My Yearbook * Masza-klasa.pl * Netlog * Nettby * Nexopia * NGO Post * Ning * Odnoklassniki * OKCupid * One Climate * One World TV * Open Diary * Orkut * OUT Everywhere * Partner Up * Plaxo * Passportstamp * Pingsta * Playahead * Playboy U * Plurk * Present.lv * Qapacity * Quarter- Life * Qzone * Ravelry * Renren * ResearchGate * Reverberation * Ryze * Scispace * Shelfari * Skyrock * Social GO * Social Vibe * Sonico.com * Soundpedia * Stickam * StudiVZ * Super Nova.com * Tagged.com * Talent Trove * Talkbiznow * Taltopedia * TraveBuddy.com * Travel – Lertspoint.com * Tribe.net * Trombi.com * Tuenti.com * Tumblr * Twitter * V Kontakte * Vam- Pirefreaks * Viadeo * Vox * Wakoopa * Wasabi * Wayn * WebBIographies * WeOurFamily * Windows Live Spaces * Wiser Earth * Xanga * Xing * Xt2 * Yammer * Hyves * WHAT IS SOCIAL NETWORKING?

31. Photo Sharing – “Publishing of user’s digital photos online”

32. Video Sharing – “Video uploading services allowing individuals to upload video clips to an Internet Hosting Website”

33. Tagging(or “Tag”) – “A non-hierarchical keyword”

34. Chat Rooms -- “Primarily used by mass media to describe any form of synchronous conferencing”

40. Twine and Radaris, for example, are search engines that aggregate information.WHAT IS DATA AGGREGATION? Employment Law Hospitalization in 1999 Experienced Trainer Lawyer Vacation in Vegas Center Valley Grandfather with cancer Brandeis University Rugby New York June 9, 1972 HIPAA SHRM Mother Awardee: Top Twenty Under Forty Pennsylvania Religious beliefs: Reform Social Media and Networking Law Politics: financial conservative MENSA Diversity Single Parent Adjunct Professor Facebook Fitzpatrick Lentz & Bubba Master’s Degree

42. Online access through a third party to your records, files, training programs, results and other outsourced functions.

43. Pros:

44. It’s not on your server or system

45. Saves space

46. Reduces employee access

47. Cons:

48. It’s not on your server or system

49. You now have a third party to deal with

52. TMI

53. Online Business Relationships

54. 24-7 access to the Internet

56. 35% of employers reported having refused to hire candidates based on content found on those sites.

58. Employees should not have an expectation of privacy in Social Networking sites, such as Facebook.

60. Research via the Web will give you TMI.

61. Even if you don’t know that it’s out there, if you have a policy that says you look up Facebook pages, if your employee’s Facebook page includes her breast cancer treatments, you are deemed to have that information.TMI

63. Now, add in: inequal workplace relationships,“defriending,” “posts,” and a lack of control over Internet documents.

65. Don’t play favorites.Don’t favor certain employees in the workplace.

66. Keep topics off confidential information. No matter how close you are to pals in the office, you have to resist the temptation to give them the inside scoop.

67. Face the firing line.Sometimes an employee is not performing up to par. You must be this person’s employer first and friend second. ONLINE BUSINESS RELATIONSHIPS

70. Consider what might be relevant for work -- Give your employees the tools that they need to maximize their talents.

71. Are You Working with IT?You should be working with your IT person to check allowing, blockingandmonitoring….what do you want to know about?

72. Is your ban effective? Does everyone have smart-phones? 24-7 ACCESS TO THE INTERNET AND ACCEPTABLE USE POLICIES

75. Defamation, false light, IIED, Stored Communications Act violations, etc.

76. An apology (like Dominos or American Airlines)

78. NO. In Pietrylo v. Hlllstone Restaurant Group, d/b/a Houston's, management discovered that two waiters posted on their MySpace page sexual remarks about management and customers, jokes about the company and references to violence and illegal drug use. After viewing the site, management found the postings offensive and fired the waiters.

79. Ironically, the company's efforts to avoidliability actually resulted in a jury verdict against it.LITIGATION

81. The offensive postings were located in a private chat room, access to which was restricted only to users who first received and accepted an electronic invitation;

82. Management had not received an invitation from the waiters, but rather usedanother employee's password(who had been invited) to access the chat room; and

83. There was a dispute as to permissive access. Although management argued it was "authorized" to access the chat room by the employee who provided her ID and password, that employee testified she felt she "probably would have gotten in trouble" if she did not cooperate. LITIGATION

85. Morse v. Mer- exotic dancers advertised their personal talents on Facebook and challenged their employer’s determination that they were independent contractors under the FLSA. Were they?

86. TekSystems v. Hammernick- an employer sued its former employee for breach of restrictive covenants due to LinkedIn communications. Was it a breach?LITIGATION

88. Steingart v. Loving Care – N.J. Supreme Court said e-mails on a personal web-based e-mail account accessed from an employer’s computer were private. The decision was contingent on the fact that use of such an account was not clearly covered by the company’s policy, and the e-mails in question contained a standard warning that the communications were personal, confidential, attorney-client communications.Copyright 2010 (c) Deirdre J. Kamber, All Rights Reserved 31 LITIGATION

90. Boulder Valley School District – BVSD searched several students’ cell phones after sexting was discovered. The ACLU stepped in, and the District agreed to revamp its access policy to student phones.Copyright 2010 (c) Deirdre J. Kamber, All Rights Reserved 32 LITIGATION

92. There may be Fair Credit Reporting Actissues with internet investigations.

93. Most webposts are protected if they are anonymous as First Amendment speech.

94. Subpoenas can be effectuated, but are frequently fruitless.LITIGATION

97. Strategy

98. Proactivity

99. Policies

100. Communication

101. Practices

102. TrainingBESTPRACTICES:STRATEGIC APPROACH

104. TMI can be used against you.

105. Coercion does NOT give consent

106. Be aware of unionizing/organizing language

107. Data breaches are a risk for any computer system. Problems are compounded with a third party. BESTPRACTICES: BEWARE!

109. Employees’ expectation of privacy changes with the amount of notice and authorization as to monitoring

110. Expectations should be balanced between employee and employer

111. Get yourself trained and make sure that someone is helping you out.

112. Security threats don't just occur in cyberspace. Protect the physical environment of stored data.

115. You need a clear sense of access, policy, procedure and chain of command in cases of breach.

116. You need to know which laws apply to you, and what happens in cases of breach.

Social Networking and Cloud Computing

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