Week 11: Social MediaUnderstanding Social Media and

CyberLaw

Ashley Donnell

Peter “Deuce”Bradshaw

Social Media & Litigation:Wendy K. Akbar, Evidence That Bytes: E-Discovery in the Age of Hidden Data, Clouds, Facebook, Twitter, and the Digital Family, Journal of Internet Law, July 2011. Kali N. Bracey & Kelly D. Gardner, Two-Faced? Ethical Implications of the Use of Facebook as a Discovery Tool in Litigation, 28 The Computer & Internet Lawyer, December 2011. Jason H. Casell, To Tweet or Not to Tweet: Juror Use of Electronic Communications and Social Networking Tools, Journal of Internet Law, November 2011.Michelle Sherman, The Anatomy of a Trial with Social Media and the Internet, Journal of Internet Law, May 2011.Joshua N. Azriel, Using Social Media as a Weapon to Harm Victims: Recent Court Cases Show a Need to Amend Section 230 of the Communications Decency Act, Journal of Internet Law, July 2011. Evan Brown, Internet Law in the Courts, Journal of Internet Law, January 2012.Facebook Settles FTC Charges Regarding Its Privacy Practices, 29 The Computer & Internet Lawyer, February 2012.

Recommended Reading

Social Media & Privacy:Mary Madden, Privacy Management on Social Media Sites, Pew Research Center, February 2012.

Social Media Advertising:Marc S. Roth & Kawana T. King, New Media, But Old Rules Still Apply: What Companies Engaging in Social Media Advertising Should Know, Computer Technology Law Report, 13 CTLR 104, February 2012.

Recommended Reading

Social Media, The Practice of Law & Professional Responsibility:

Dan Pinnington, Essential Dos and Don’ts for Twitter Users, Law Practice, March/April 2011. Guideposts For Lawyers Personal Use of Social Media, Law Practice March/April 2011. John Hellerman & Rudy Burwell, When to Engage (Or Not) in the Social Media Conversation, Law Practice, January/February 2012. Jordan Furlong, Lawyers and Social Media: Can Legal Advice be Crowdsourced?, Law Practice January/February 2012.Simon Chester & Daniel Del Gobbo, How to Create a Law Firm Social Media Policy, Law Practice, January/February 2012.Simon Chester, Daniel Del Gobbo, Michele R.J. Allnote, Allison C. Shields, Daniel Schwartz & Ernest Svenson, Social Media Networking for Lawyers: A Practical Gide to Facebook, LinkedIn, Twitter and Blogging, Law Practice, January/February 2012.

Recommended Reading

Social Media Issues:Richard Raysman, A Practical Look at Social Media Policies, 29 The Computer & Internet Lawyer, March 2012. Jarred D. Correia, When is Too Much Information Really TMI? Law Practice, January/February 2012.Brian J. Winterfeldt, Building Your Brand Through Social Media, 29 The Computer & Internet Lawyer, February,2012.Maggie D. Mooney-Portale & Kevin S. Hennessy, The Government in Your Facebook: An Examination of Social Networking Sites and Florida’s Public Records Law, The Florida Bar Journal, May 2011.

Recommended Reading

I want to start with a brief

introduction to Twitter...

Twitter began as a “Micro-blogging” site

in 2006

It limits users to 140 Characters

to express themselves

Users created a language to speak to each other... Here are

three Examples.

HashtagNoun or Phrase

designating the topic of the Conversation

#

At-ReplyA public reply directly to one or more users

@

RetweetAmplification

Another Person’s Tweet, Similar to Direct Quatation RT

Ok... Now that we’ve got that done...

Use: #CLSeminar or Tweet to Me:

@BradshawLawto discuss this topic

What types of Issues Arise in a

Discussion of Social Media and CyberLaw?

Branding and Advertising Free Speech Rights

Privacy

Regulationv.

Innovation

JuriesProfessional

Responsibility

New Mediav.

Old Media

Social MediaPolicies

IntellectualProperty

InformationOverload

SOCIALMEDIA

Social Media and the Courts

Under the Federal Rules of Evidence, evidence in a trial must be “Reliable and

Relevant”Evidence

Judges have to be careful in what they post on Social Media and who they’re

interacting withThe Courts

Social Media is particularly

important in the context of Jurors

In Florida, Juror Panels are typically

6 or 12 members

These jurors must be

“fair and impartial”

Social Media can unfairly taint a jurors’

ability to be“fair and impartial”

From the moment a potential juror gets a

summons, there are a variety of issues that can arise

SequestrationNon-Disclosure

Requests for Help

Does Social Media threaten

jury trials?

Social Media & Professional Responsibility

Social Media and Professional

Responsibility

It’s easy to be overwhelmed by the

variety of issues that can (and do) arise

Issues arise not only for lawyers, but

also for thetypical user

Copyright

Copyright begins at the moment an idea

is fixed in a tangible medium

That doesn’t change even when the medium isn’t quite tangible --

rather when it’s digital

While the rights remain the same...

Owners have EXCLUSIVE rights

to distribute, display and perform

their works

While the rights remain the same...

Owners have EXCLUSIVE rights

to distribute, display and perform

their works

TheEXPECTATIONSof Internet Users

have changed

Drive Traffic Showcase Goods

Interact with Buyers

So... this frames a few issues that we brought up earlier...

Regulationv.

Innovation

Peoplev.

Processes

Branding&

Intellectual Property

We’ve talked about users generally, but

what about companies?

Social MediaPolicies

What we’re really talking about here isBUSINESS...

...and how employee (or even employer)

behavior on the web affects

BUSINESS

There is no one-size fits all

SoMe Policy

Next Wave with Gary Vaynerchuk: You Fib, You Fail

- May 04, 2011 -http://www.youtube.com/watch?v=4-SbnKLYYyQVideo

SoMe Policies have a variety

of goals

Embrace Human Values

Create Brand Value

Engage Users

Respect Dissent

Mindful of Company & Consumer Culture

}

Protect the Brand

Clear Penalties for Misconduct

Clear Objectives

Control the Conversation

Make Money

}

Embrace Human

Create Brand Value

Engage Users

Respect Dissent

Mindful of Company

Protect the Brand

Clear Penalties for

Clear Objectives

Control the Conversation

Make M

oney}Balancing Act

While THE BUSINESS is always the most

important aspect, we have to remember

that “people do business with people

that they like”

Gary Vaynerchuk Teaches Basic Social Media

Principles to CNN - May 16, 2009 -

http://www.youtube.com/watch?v=YNM9kA1bSHk

Video

Behind the Brand--Gary Vaynerchuk:

Why the people in the middle are in trouble

- June 10, 2011 -http://www.youtube.com/watch?v=i1pLRSKETaU&feature=related

Video

Behind the Brand--Gary Vaynerchuk: Why media

mix matters- June 10, 2011 -

http://www.youtube.com/watch?v=OxmkQiG82z8&feature=related

Video

So, it seems that Social Media hasn’t

raised NEW issues, but rather it’s become a connecting point for

all of these issues

Branding and Advertising Free Speech Rights

Privacy

Regulationv.

Innovation

JuriesProfessional

Responsibility

New Mediav.

Old Media

Social MediaPolicies

IntellectualProperty

InformationOverload

SOCIALMEDIA

People Vector ImagesSidath; adstudio.biz

People Vector Image: http://vector4free.com/search/?q=people

Keynote Theme:http://www.keynotezone.com/themes/comics/

index.html

Photo Citations

Slide 20Crime Scene: Brandon Anderson, Null Value, http://www.flickr.com/photos/nullvalue/

4188517246/

Slide 21Court House: Gabriel White

http://www.flickr.com/photos/zoomzoom/302475143/

Slide 23Jury Panel - cali.org

http://www.flickr.com/photos/caliorg/6882839119/sizes/o/in/photostream/

Slide 26Juror Summons - Lee Bennett

http://www.flickr.com/photos/leebennett/2740356506/sizes/o/in/photostream/

Slide 27Sequestered: Kat Braybrooke the_sand_is_neonhttp://www.flickr.com/photos/neon_lobster/

3807560454/

Slide 27Confidential: MichaelMKenny

http://www.flickr.com/photos/michaelmkenny/5399118081/sizes/o/in/photostream/

Slide 27Helping Hand: GrowWear

http://www.flickr.com/photos/growwear/4695020138/sizes/l/in/photostream/

Slide 39Pinterest Logo:

http://pinterest.com/about/goodies/

Also...All photos for this project were found on Flickr.com.

I do not have, nor do I claim to have any rights to use these

photos beyond those given by their respective licenses.

Slide 42Drive Traffic - PMC 1stPix

http://www.flickr.com/photos/1stpix_diecast_dioramas/4082406463/sizes/l/in/

photostream/

Slide 41Article Pinterest Infringement:

http://greekgeek.hubpages.com/hub/Is-Pinterest-a-Haven-for-Copyright-Violations

Photo Citations

Slide 42Converse - Aaron "tango" Tang hahatango http://

www.flickr.com/photos/hahatango/458978912/sizes/o/in/photostream/

Slide 42Interact Users - Kate Tomlinson http://

www.flickr.com/photos/katetomlinson/2893195329/sizes/o/in/photostream/