This document discusses the implications of social networking and e-discovery in litigation. It notes that social networking is growing rapidly and will likely become as widespread as email. This means that social media activity and online posts will be considered electronically stored information subject to e-discovery rules. Lawyers should advise clients and witnesses to avoid posting about ongoing litigation and should consider social media as a source of information about witnesses or parties. The document also discusses authentication of social media evidence and considerations around privacy and ethics.
The Dark Side of Social Media: Legal Issues
Legal Aspects of Abuse and Misuse of Social Media
(Facebook, Twitter, etc.)
Final project of Legal Aspects of Information Systems courses
By mprabuw & Said Altinsik
Social networking tools are used by advertisers and marketers, by human resources departments, and of course by job-seekers and employees.
For many companies, the question now is not whether to use social media in its business, but how.
And as with any new aspect of doing business, there are several potential pitfalls that a company must be aware of to avoid running into legal difficulties.
A presentation addressing the legal implications of social media.. These issues include privacy, copyright, trademark, and trade secrets issues for employers, employees and ISPs, as well as the SPAM Act and FTC rules. ALL RIGHTS RESERVED. Contact me at dsaper [at]saperlaw.com if you'd like to use the presentation or if you have any questions.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Social Media: Implications for Intellectual Property Lawblaine_5
With the rise of social media comes the rise of user-generated content that infringes the intellectual property rights of others. Learn about areas of concern such as defamation, patent, copyright, trademark and trade secret, how to establish effective social media policies for clients that prevent infringement, and how to educate your client to control and monitor use of their IP in social media.
In the age of social media, intellectual property can be murky territory. In this presentation, Primum Marketing Communications, a Milwaukee-based agency, covers social media implications on copyrights, trademarks, patents, defamation and trade secrets. The presentation also takes a look at some Terms of Service and Privacy Policies for several popular social media sites and covers best practices for marketing your brand without crossing the legal line.
The Dark Side of Social Media: Legal Issues
Legal Aspects of Abuse and Misuse of Social Media
(Facebook, Twitter, etc.)
Final project of Legal Aspects of Information Systems courses
By mprabuw & Said Altinsik
Social networking tools are used by advertisers and marketers, by human resources departments, and of course by job-seekers and employees.
For many companies, the question now is not whether to use social media in its business, but how.
And as with any new aspect of doing business, there are several potential pitfalls that a company must be aware of to avoid running into legal difficulties.
A presentation addressing the legal implications of social media.. These issues include privacy, copyright, trademark, and trade secrets issues for employers, employees and ISPs, as well as the SPAM Act and FTC rules. ALL RIGHTS RESERVED. Contact me at dsaper [at]saperlaw.com if you'd like to use the presentation or if you have any questions.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Social Media: Implications for Intellectual Property Lawblaine_5
With the rise of social media comes the rise of user-generated content that infringes the intellectual property rights of others. Learn about areas of concern such as defamation, patent, copyright, trademark and trade secret, how to establish effective social media policies for clients that prevent infringement, and how to educate your client to control and monitor use of their IP in social media.
In the age of social media, intellectual property can be murky territory. In this presentation, Primum Marketing Communications, a Milwaukee-based agency, covers social media implications on copyrights, trademarks, patents, defamation and trade secrets. The presentation also takes a look at some Terms of Service and Privacy Policies for several popular social media sites and covers best practices for marketing your brand without crossing the legal line.
The Interwoven Complexities of Social Media, Privacy and Data SecurityArmstrong Teasdale
CLE Presentation: Daniel C. Nelson and Jeffrey Schultz attorneys at Armstrong Teasdale
Social media has infiltrated most aspects of society, presenting a wide range of potential legal issues for any attorney or business. To gain a thorough understanding of how social media's many intersections with changing privacy law and data security requirements impact your business, this presentation will discuss how to navigate through this tangled web.
The choice of a lawyer is an important decision and should not be based solely on this presentation. All rights are reserved and content may not be reproduced, disseminated or transferred, in any form or by means, except with the prior written consent of Armstrong Teasdale.
Ifa fbn july 2014 social media and franchising legal aspectsduvallg
Legal aspects of social media for franchisors and franchisees, including application of laws relating to social media, social marketing, privacy policy, defamation, anti-spam, Web site terms of use, data protection, texting, robo-calling, DMCA take-down copyrights, to franchising
Social media & data protection policy v1.0 141112 Dave Shannon
Presentation presented to employees in a previous role. Unfortunately corporate identity has had to be removed, however content is still relevant to policies and legislation
Online privacy concerns (and what we can do about it)Phil Cryer
User's online privacy is constantly in a state of flux. Witness Google's consolidation of their privacy polices, ever changing Facebook rules or how commerce determines how sites handle user data, and then note the lack of any opt-out for the user when these changes occur. Online entities make these changes not for the benefit of the user, but for the benefit of the shareholders, obviously, but if they can do this now, they can do it later. Simply put, a privacy policy today can change tomorrow; and user's privacy can be thrown by the wayside. Knowing this should signal an alarm for everyone to understand HOW their data is being stored and used online. We'll look at recent developments that have caused concern among privacy advocates, poke fun at some of the silly ways these new measures are sold to the populace and then cover what can be done to increase users' privacy online utilizing common sense and open source software. (Presented at the St. Louis Linux User's Group, June 20, 2013)
Visual Resources Association Annual Conference
March 27-30, 2018, Philadelphia
Session: The Brave New Media of Visual Resources: Managing Intellectual Property Rights on the Frontier
Presenter: Lael Ensor-Bennett, Assistant Curator, Johns Hopkins University
Perimeter E-Security: Will Facebook Get You Hired or Fired?Taylor Van Sickle
What is the impact of social media on your organization? Perimeter E-Security shares the impact that social media can have in the workplace. Learn more on http://www.perimeterusa.com
Managing Social Media in the WorkplaceEric Swenson
The impact of social media in the workplace is growing. Time is being wasted, employees are 'friending' each other and liability for these issues is a litigation attorney's dream come true.
The Interwoven Complexities of Social Media, Privacy and Data SecurityArmstrong Teasdale
CLE Presentation: Daniel C. Nelson and Jeffrey Schultz attorneys at Armstrong Teasdale
Social media has infiltrated most aspects of society, presenting a wide range of potential legal issues for any attorney or business. To gain a thorough understanding of how social media's many intersections with changing privacy law and data security requirements impact your business, this presentation will discuss how to navigate through this tangled web.
The choice of a lawyer is an important decision and should not be based solely on this presentation. All rights are reserved and content may not be reproduced, disseminated or transferred, in any form or by means, except with the prior written consent of Armstrong Teasdale.
Ifa fbn july 2014 social media and franchising legal aspectsduvallg
Legal aspects of social media for franchisors and franchisees, including application of laws relating to social media, social marketing, privacy policy, defamation, anti-spam, Web site terms of use, data protection, texting, robo-calling, DMCA take-down copyrights, to franchising
Social media & data protection policy v1.0 141112 Dave Shannon
Presentation presented to employees in a previous role. Unfortunately corporate identity has had to be removed, however content is still relevant to policies and legislation
Online privacy concerns (and what we can do about it)Phil Cryer
User's online privacy is constantly in a state of flux. Witness Google's consolidation of their privacy polices, ever changing Facebook rules or how commerce determines how sites handle user data, and then note the lack of any opt-out for the user when these changes occur. Online entities make these changes not for the benefit of the user, but for the benefit of the shareholders, obviously, but if they can do this now, they can do it later. Simply put, a privacy policy today can change tomorrow; and user's privacy can be thrown by the wayside. Knowing this should signal an alarm for everyone to understand HOW their data is being stored and used online. We'll look at recent developments that have caused concern among privacy advocates, poke fun at some of the silly ways these new measures are sold to the populace and then cover what can be done to increase users' privacy online utilizing common sense and open source software. (Presented at the St. Louis Linux User's Group, June 20, 2013)
Visual Resources Association Annual Conference
March 27-30, 2018, Philadelphia
Session: The Brave New Media of Visual Resources: Managing Intellectual Property Rights on the Frontier
Presenter: Lael Ensor-Bennett, Assistant Curator, Johns Hopkins University
Perimeter E-Security: Will Facebook Get You Hired or Fired?Taylor Van Sickle
What is the impact of social media on your organization? Perimeter E-Security shares the impact that social media can have in the workplace. Learn more on http://www.perimeterusa.com
Managing Social Media in the WorkplaceEric Swenson
The impact of social media in the workplace is growing. Time is being wasted, employees are 'friending' each other and liability for these issues is a litigation attorney's dream come true.
My books- Hacking Digital Learning Strategies http://hackingdls.com & Learning to Go https://gum.co/learn2go
Resources at http://shellyterrell.com/classmanagement
The reality for companies that are trying to figure out their blogging or content strategy is that there's a lot of content to write beyond just the "buy now" page.
Managing Social Media in the WorkplaceEric Swenson
The impact of social media in the workplace is growing. Time is being wasted, employees are 'friending' each other and liability for these issues is a litigation attorney's dream come true.
Here's how to develop a social media policy and examine the impact - from legal issues, to morale, to productivity.
Developing Social Networking Policies for the Legal Aid Office. June 11, 2009
Host: Kathleen Brockel
Special Guests: Stephanie Kimbro & Will Hornsby
Please see additional notes at http://lsntap.org/Executive_Roundtable_Jun2009_Social_Networking
Turnson Point Risks and Reputation Management presentationKerry Rego
Judith Delaney of TurnsonPoint Consulting spoke at Kerry Rego Consulting hosted event "Risks and Reputation Management: Using Social Media to Protect Your Brand" on March 13, 2012. She covered legals risks for individuals and businesses when using the internet and social media. Posted with Turnson Point permission. Visit http://www.turnsonpoint.com or http://kerryregoconsulting.com/2011/12/22/risks-reputation-management-using-social-media-to-protect-your-brand/
Clients are using social media to tell their stories, market their company and even find jobs. Smart attorneys use social media information to win cases and help organizations grow and prosper. Scott Malouf, social media attorney will discuss how to use social media in your cases and the top legal issues clients face when they get social.
Online Privacy in the Year of the DragonPhil Cryer
Description: Businesses change online privacy policies to make user's data, and their interaction with websites, more profitable for the website's owners. Users need to understand what privacy is being lost, how their data is being used and how they can improve their online privacy with knowledge and open source software.
CSUN - Youth Driven Information Privacy Education CampaignKimberly Gonzalez
The goal of this project was to develop an educational social media marketing campaigns designed to educate middle school youth on the complex issue of digital literacy and responsible online behavior.
Epistemic Interaction - tuning interfaces to provide information for AI supportAlan Dix
Paper presented at SYNERGY workshop at AVI 2024, Genoa, Italy. 3rd June 2024
https://alandix.com/academic/papers/synergy2024-epistemic/
As machine learning integrates deeper into human-computer interactions, the concept of epistemic interaction emerges, aiming to refine these interactions to enhance system adaptability. This approach encourages minor, intentional adjustments in user behaviour to enrich the data available for system learning. This paper introduces epistemic interaction within the context of human-system communication, illustrating how deliberate interaction design can improve system understanding and adaptation. Through concrete examples, we demonstrate the potential of epistemic interaction to significantly advance human-computer interaction by leveraging intuitive human communication strategies to inform system design and functionality, offering a novel pathway for enriching user-system engagements.
Neuro-symbolic is not enough, we need neuro-*semantic*Frank van Harmelen
Neuro-symbolic (NeSy) AI is on the rise. However, simply machine learning on just any symbolic structure is not sufficient to really harvest the gains of NeSy. These will only be gained when the symbolic structures have an actual semantics. I give an operational definition of semantics as “predictable inference”.
All of this illustrated with link prediction over knowledge graphs, but the argument is general.
Slack (or Teams) Automation for Bonterra Impact Management (fka Social Soluti...Jeffrey Haguewood
Sidekick Solutions uses Bonterra Impact Management (fka Social Solutions Apricot) and automation solutions to integrate data for business workflows.
We believe integration and automation are essential to user experience and the promise of efficient work through technology. Automation is the critical ingredient to realizing that full vision. We develop integration products and services for Bonterra Case Management software to support the deployment of automations for a variety of use cases.
This video focuses on the notifications, alerts, and approval requests using Slack for Bonterra Impact Management. The solutions covered in this webinar can also be deployed for Microsoft Teams.
Interested in deploying notification automations for Bonterra Impact Management? Contact us at sales@sidekicksolutionsllc.com to discuss next steps.
Kubernetes & AI - Beauty and the Beast !?! @KCD Istanbul 2024Tobias Schneck
As AI technology is pushing into IT I was wondering myself, as an “infrastructure container kubernetes guy”, how get this fancy AI technology get managed from an infrastructure operational view? Is it possible to apply our lovely cloud native principals as well? What benefit’s both technologies could bring to each other?
Let me take this questions and provide you a short journey through existing deployment models and use cases for AI software. On practical examples, we discuss what cloud/on-premise strategy we may need for applying it to our own infrastructure to get it to work from an enterprise perspective. I want to give an overview about infrastructure requirements and technologies, what could be beneficial or limiting your AI use cases in an enterprise environment. An interactive Demo will give you some insides, what approaches I got already working for real.
Connector Corner: Automate dynamic content and events by pushing a buttonDianaGray10
Here is something new! In our next Connector Corner webinar, we will demonstrate how you can use a single workflow to:
Create a campaign using Mailchimp with merge tags/fields
Send an interactive Slack channel message (using buttons)
Have the message received by managers and peers along with a test email for review
But there’s more:
In a second workflow supporting the same use case, you’ll see:
Your campaign sent to target colleagues for approval
If the “Approve” button is clicked, a Jira/Zendesk ticket is created for the marketing design team
But—if the “Reject” button is pushed, colleagues will be alerted via Slack message
Join us to learn more about this new, human-in-the-loop capability, brought to you by Integration Service connectors.
And...
Speakers:
Akshay Agnihotri, Product Manager
Charlie Greenberg, Host
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Essentials of Automations: Optimizing FME Workflows with ParametersSafe Software
Are you looking to streamline your workflows and boost your projects’ efficiency? Do you find yourself searching for ways to add flexibility and control over your FME workflows? If so, you’re in the right place.
Join us for an insightful dive into the world of FME parameters, a critical element in optimizing workflow efficiency. This webinar marks the beginning of our three-part “Essentials of Automation” series. This first webinar is designed to equip you with the knowledge and skills to utilize parameters effectively: enhancing the flexibility, maintainability, and user control of your FME projects.
Here’s what you’ll gain:
- Essentials of FME Parameters: Understand the pivotal role of parameters, including Reader/Writer, Transformer, User, and FME Flow categories. Discover how they are the key to unlocking automation and optimization within your workflows.
- Practical Applications in FME Form: Delve into key user parameter types including choice, connections, and file URLs. Allow users to control how a workflow runs, making your workflows more reusable. Learn to import values and deliver the best user experience for your workflows while enhancing accuracy.
- Optimization Strategies in FME Flow: Explore the creation and strategic deployment of parameters in FME Flow, including the use of deployment and geometry parameters, to maximize workflow efficiency.
- Pro Tips for Success: Gain insights on parameterizing connections and leveraging new features like Conditional Visibility for clarity and simplicity.
We’ll wrap up with a glimpse into future webinars, followed by a Q&A session to address your specific questions surrounding this topic.
Don’t miss this opportunity to elevate your FME expertise and drive your projects to new heights of efficiency.
Dev Dives: Train smarter, not harder – active learning and UiPath LLMs for do...UiPathCommunity
💥 Speed, accuracy, and scaling – discover the superpowers of GenAI in action with UiPath Document Understanding and Communications Mining™:
See how to accelerate model training and optimize model performance with active learning
Learn about the latest enhancements to out-of-the-box document processing – with little to no training required
Get an exclusive demo of the new family of UiPath LLMs – GenAI models specialized for processing different types of documents and messages
This is a hands-on session specifically designed for automation developers and AI enthusiasts seeking to enhance their knowledge in leveraging the latest intelligent document processing capabilities offered by UiPath.
Speakers:
👨🏫 Andras Palfi, Senior Product Manager, UiPath
👩🏫 Lenka Dulovicova, Product Program Manager, UiPath
State of ICS and IoT Cyber Threat Landscape Report 2024 previewPrayukth K V
The IoT and OT threat landscape report has been prepared by the Threat Research Team at Sectrio using data from Sectrio, cyber threat intelligence farming facilities spread across over 85 cities around the world. In addition, Sectrio also runs AI-based advanced threat and payload engagement facilities that serve as sinks to attract and engage sophisticated threat actors, and newer malware including new variants and latent threats that are at an earlier stage of development.
The latest edition of the OT/ICS and IoT security Threat Landscape Report 2024 also covers:
State of global ICS asset and network exposure
Sectoral targets and attacks as well as the cost of ransom
Global APT activity, AI usage, actor and tactic profiles, and implications
Rise in volumes of AI-powered cyberattacks
Major cyber events in 2024
Malware and malicious payload trends
Cyberattack types and targets
Vulnerability exploit attempts on CVEs
Attacks on counties – USA
Expansion of bot farms – how, where, and why
In-depth analysis of the cyber threat landscape across North America, South America, Europe, APAC, and the Middle East
Why are attacks on smart factories rising?
Cyber risk predictions
Axis of attacks – Europe
Systemic attacks in the Middle East
Download the full report from here:
https://sectrio.com/resources/ot-threat-landscape-reports/sectrio-releases-ot-ics-and-iot-security-threat-landscape-report-2024/
2. “Social networking is in its infancy
and I’m guessing it will become as
widespread as email,” According to
Google’s former managing director
for South Asia, Richard Kimber
3. SO WHAT DOES THAT MEAN FOR
US, AND WHAT SHOULD WE
BE THINKING ABOUT?
The evolution of email is extraordinary.
At the advent of email, it was seen as impersonal and
taboo
Today, most clients are using email
Most courts are 100% electronic as well
In the litigation, email is one of the main forms of
communication, as snail mail communication as gone
the way of the horse and buggy
Today, social networking is still seen by many as taboo
and impersonal, but what if it becomes as widespread as
email????
4. CONSIDERATIONS
Facebook, MySpace, Twitter – Is there a place for internet chat rooms
and social networking pages in the legal industry?
What are the risks?
Are notifications to company hosted chat rooms and social networking
pages official notice of claims/DTPA demands/etc.?
Discovery implications
5. THE STATS – HOW COMPANIES ARE
DOING BUSINESS TODAY
65% of Fortune Global 100 companies have active Twitter
Accounts
54% have Facebook fan pages
1/3 of these companies have blogs
6. FACEBOOK STATS
More than 750 million active users
over 150 million in US (1/2 of our population)
50% of our active users log on to Facebook
in any given day
Average user has 130 friends
People spend over 700 billion minutes per month on Facebook
There are over 900 million objects that people interact with (pages,
groups, events and community pages)
Average user is connected to 80 community pages, groups and
events
Average user creates 90 pieces of content each month
More than 30 billion pieces of content (web links, news stories,
blog posts, notes, photo albums, etc.) shared each month.
7. MYSPACE STATS
300 million accounts
110 million monthly active users
In the UK it is as common to have a MySpace page as it is a dog
14 Billion comments on the site
20 Billion mails on the site total
50 Million mails per day (more than Yahoo, Hotmail,
or Google)
10 Billion friend relationships
1.5 Billion images
8 Million images being uploaded per day
60,000 new videos being upload to MySpaceTV each day
More than 8 million artists and bands on MySpace Music
8. TWITTER STATS
In a given week, users send a billion Tweets.
Users are now sending 140 million Tweets, on average, per day
The all-time high in terms of Tweets sent per day was 177
million sent on March 11, 2011.
In terms of Tweets per second, the all time high was 6,939
Tweets per second after midnight in Japan on New Year’s
Day.
Twitter says that 572,000 accounts were created on March 12,
2011, with 460,000 new accounts per day over the last month
on average.
Mobile users are up 182 percent over the past year.
And Twitter currently has 400 employees, up from 8 in January
2008.
9. THE STATS CONT’D
73% of American teens use social networking
websites
47% of adults use them (up from 37% in Nov ‘08)
19% of internet users use Twitter, Facebook, or
other service
11. WHAT DOES ALL OF THIS MEAN?
Social media activity is an extension of “electronically stored
information” (ESI)
Discovery rules apply
For lawyers and paralegals, information contained in social media
can be a gold mine!
12. WHAT DO THE RULES SAY?
Preserve “relevant” or “potentially relevant” information is pending
or reasonably anticipated as long as it is in your custody or control
Trigger notice before complaint is filed, and make sure you
include “any and all social media” in the notice.
13. WHAT HAPPENS IF YOU CAN PROVE
ENTRIES WERE DELETED?
Micron Tech v. Rambus, 255 F.R.D. 135 (D. Del. 2009)
Company was preparing litigation strategy
They adopted document retention policy around same time and started deleting
docs
Judge said inappropriate, because they should have known the docs would have
been relevant to the suit at some point in the future
Result: Patents were not enforceable
14. WHAT HAPPENS IF YOU CAN PROVE
ENTRIES WERE DELETED?
Recent study – 401 cases before 2010 where sanctions sought
Sanctions in over ½ of the cases
Some of the sanctions were very severe
$5 mil in sanctions in 5 cases
$1 mil in sanctions in 4 others
Dismissals
Adverse jury instructions
15. HOW DO WE GET THE INFORMATION?
Most large corporations hire third parties to store their social
media content.
e.g. Citigroup hired CoTweet.
Make sure retention letter is broad enough to cover third-party
Get the third-party’s name in interrogatories or deposition
If you don’t get docs from party in suit, subpoena third party
16. REALITY CHECK
Most companies are not prepared to capture social media
Once you know litigation is imminent, start saving information
Depending on content of social media, this may be difficult
17. WITNESSES/PARTIES
Attorneys and paralegals should advise clients and witnesses not
to post updates regarding ongoing litigation
They may “think” it is private, but it is not
Always have them think before posting
“If a juror saw this, what would they say?”
18. LITIGATION AND DISCOVERY
IMPLICATIONS
Use social networking sites to your advantage in litigation
Excellent tool for gathering information on the witnesses, clients, parties, etc.
Make sure you are complying with privacy laws
Ensure that your access is in compliance with the social networking sites privacy
statement
Be ready to explain how you got access to the account
Excellent tool for informing the public about your company – don’t post case
specific information
19. DISCOVERY IMPLICATIONS
Other issues to consider:
May make discovery of corporate processes and
products much easier
Think about what you are putting out there carefully
Implement policies to insure employees to not make
inappropriate postings disclosing corporate structure,
governance, other proprietary information, and/or trade
secrets.
Don’t violate attorney client communication privilege or
work product doctrine
Again, think carefully about what you put out there
Be sure your firm’s advertising on any social media
site complies with all statutory and regulatory
guidelines
21. ZIMMERMAN V. WEIS MARKETS,
INC.
CV-09-1535, 2011 WL 2065410, *1 (PA. COM. PL. MAY 19, 2011)
trial court ordered a former forklift operator to make available his
social media information from his MySpace and Facebook
accounts to his former employer.
All logins and passwords were required to be given to defense counsel.
Plaintiff was claiming serious and permanent health problems
and diminution in enjoying life's pleasures, his employer found
public postings about Zimmerman enjoying motorcycle riding and
bike stunts.
Court concluded the employer's right to discover relevant
information about Zimmerman on the non-public portions of his
Facebook and MySpace pages outweighed any of Zimmerman's
alleged privacy interests. It stated: "Zimmerman placed
hisphysical condition in issue, and Weis Markets is entitled to
discovery thereon.“
“Regardless of privacy settings,”….Facebook and MySpace do
not guarantee complete privacy.”
22. MCMILLEN V. HUMMINGBIRD SPEEDWAY,
INC.,
NO. 113-2010 CD, 2010 PA. D.&C., LEXIS 270 (PA. COM. PL. SEPTEMBER 9, 2010)
The 2010 McMillen decision, the seminal Pennsylvania case,
addressed three key principals:
First, under Pennsylvania law, there is no privilege for information
posted in the non-public sections of social websites.
Second, the postings on social media sites, such as Facebook and
MySpace, cannot be considered confidential because:
(a) their purpose is to disseminate information in an open, public
way that is easily shared with and by others and
(b) their use terms make clear that information shared on the sites
is not private and may be disclosed.
Third, liberal discovery is generally allowable, and the pursuit of the
truth related to the alleged claims is paramount to discovery.
McMillen court ordered McMillen to provide the name of his social
network computer site(s), his user name(s), his login name(s), and his
password(s).
23. GAINING ACCESS
Google or Yahoo search
It’s free, so just create your own account
Privacy Settings
24. DISCOVERY TIPS
Google, Yahoo, or Bing search for public information posted by
the other party or a key witness.
Set up a Google alert when new internet postings appear that include specific
keywords
Consider commercial sites like publicdata.com
25. DISCOVERY TIPS
Courts don’t allow fishing expeditions, so:
Customize/tailor discovery requests for online postings, status updates, blog
entries, photos, or videos to fit the facts of each case.
Customize/tailor deposition questions about online activity, changing privacy
settings, and deleting online material
Facebook has a feature that allows you to download your information to a zip
file.
26. DISCOVERY TIPS
Linkedin and Plaxo
Less sexy information, but can contain useful information
Great places to learn more about opposing experts or potential damaging
facts about your own
27. DISCOVERY TIPS
Employment Cases
Look for their work history and experience
Can use plaintiff’s misrepresentations and omissions to attack the plaintiff’s
credibility
On the flip side, you can use peer recommendations to bolster plaintiff’s
arguments
28. EMPLOYMENT LAW
CONSIDERATIONS
Generally, an at-will employee can be fired for
their post on a social networking site or blog
Need to check others laws carefully
Breach of privacy to view the blog
Are there any laws or personnel policies protecting off-
duty employees
If employer disciplines, need to do so consistently
Can’t treat females and males differently
29. EMPLOYMENT LAW CONT’D
If an employer searches for a candidate on a social networking
site, anti-discrimination laws apply
Can’t make a decision based on the applicant’s race, gender, age, or disability
30. CONSIDER ETHICS
Likely should not friend someone or direct someone else to in
order to obtain information
Arguably using deceit or misrepresentation and may violate a lawyer’s ethics
31. ETHICS CONSIDERATIONS
Make sure you aren’t posing as someone else
(Texas HB 2003 makes it a crime (third-degree
felony) to use the name or persona of another
person to create a Web page or to post
messages on a commercial social networking
site without obtaining the other person's
consent and with the intent to harm, defraud,
intimidate or threaten anyone. Went into effect
on 9.1.09.) Excellent tool when someone is
posting negative comments.
32. ETHICS CONSIDERATIONS
Texas Rules of Professional Conduct require that we are truthful
in our statements to others
33. LITIGATION AND DISCOVERY
IMPLICATIONS
Be cautious of your content, because you don’t want to have a
social networking site be the gateway to your client’s confidential
and privileged documents
34. DISCOVERY LIMITATIONS
Subpoenaing Facebook Information/Docs
They will put up a fight
Federal Electronics Communication Privacy Act (18
U.S.C. Section 2701) prohibits the company from
handing over any info about its 350 million users
without a subpoena, unless the user gives consent
In 2009, FB fought off the State of Virginia who was
trying to obtain information to settle a work comp
claim
35. DISCOVERY LIMIT’S CONT’D
Terms of service policies that govern how long they keep the
communications.
Ex: AOL – emails deleted in approx. 2 days
MySpace – will not respond to a subpoena unless it is from a law enforcement
agency
Notifications from Facebook to an email account are probably not
protected and are discoverable
36. GETTING CONSENT
If you can get consent, you are golden. There are several
websites that collect tweet stats, for example:
37. USE AT TRIAL
Federal Rules amended
Notice to Preserve as soon as suit filed
Texas Rules
Rule 196.4 of the Texas Rules of Civil Procedure
addresses the production of electronic or magnetic
data.
In Re Rodney Reed, 2009 WL 97260
Munoz v. State, 2009 WL 695462 (Tex. App. — Corpus
Christi 2009)
Williford v. State, 127 S.W.3d 309 (Tex. App. – Eastland
2004)
38. AUTHENTICATION AND
ADMISSIBILITY
U.S. v. Sidiqui, 235 F.3d 1318 (11th Cir. 2000).
Emails were entered into evidence over hearsay and improper authenitication
objections
United States v. Brand 2005 WL 77055 (S.D.N.Y. January 12,
2005).
AOL Chat transcript admitted, because it was similar to the charged conduct
39. AUTHENTICATION AND ADMISSIBILITY
Hammontree v. State, 2007 WL 547763 (Ga.Ct.App. 2007)
Where victim confirmed she was an actual participant in the IM conversation
and confirmed its content, transcript properly authenticated.
U.S. v. Burt, 495 F.3d 733 (7th Cir. 2007).
Logs of Yahoo chat were admissible when properly authenticated
40. AUTHENTICATION AND ADMISSIBILITY
Lorraine v. Market American Insurance Company, 241 F.R.D. 534
(D.Md. 2007)
Comprehensive discussion of how to properly authenticate digital evidence such as
digital photos, email, and text messages.
People v. Hawkins 98 Cal. App. 4th 1428 (June 2002)
Discusses California Evidence Code Section 1552
Not whether made in regular course of business, but whether the computer was operating
property at the time of the printout.
41. AUTHENTICATION AND ADMISSIBILITY
People v. Von Gunten, 2002 WL 501612 (Cal.App. 3d Dist. 2002)
When screen name used, must be direct proof connecting victim’s companion to
the screen name on the e-mail messages
EEOC v. E.I. dupont de Nemours & Co., 2004 WL 2347559
Printout from Census Bureau web site containing domain address and date was
admissible
42. AUTHENTICATION AND ADMISSIBILITY
Telewizja Polska USA, Inc. v. Echostar Satellite Corp. (2004 WL
2367740 (N.D. Ill. 2004) [not reported]
Archived versions of web site content, stored and available at a third party
web site, were admissible
43. At the end of the day social networking can be a
gold mine or a smoking gun for lawyers,
paralegals, jurors, witnesses, judges, and
private investigators. Just like anything else
you do, you need to make smart, informed
decisions when participating in and/or using
the social networking world.