legal issues re: social media for the regulated utility industry

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SOCIAL MEDIA FOR THE REGULATED UTILITY INDUSTRY Carolyn Elefant Nextgenerationenergylaw.c om @nxtgenenergylaw October 2011

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Social Media for Regulated Utilities

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Page 1: Legal Issues Re: Social Media for the Regulated Utility Industry

SOCIAL MEDIA FOR THE

REGULATED UTILITY

INDUSTRYCarolyn Elefant

Nextgenerationenergylaw.com

@nxtgenenergylaw

October 2011

Page 2: Legal Issues Re: Social Media for the Regulated Utility Industry

Why bother with social media in an old school industry?

Page 3: Legal Issues Re: Social Media for the Regulated Utility Industry

24-7 world where

information travels at the

speed of light

Page 4: Legal Issues Re: Social Media for the Regulated Utility Industry

Less costly than

traditional tools

Page 5: Legal Issues Re: Social Media for the Regulated Utility Industry

A Mobile World…

Where will you get people’s attention?

Page 6: Legal Issues Re: Social Media for the Regulated Utility Industry

Social media builds and reinforces

connections in a collegial industry

Page 7: Legal Issues Re: Social Media for the Regulated Utility Industry

What is social

media?

Conversations taking place 24/7 online

Page 8: Legal Issues Re: Social Media for the Regulated Utility Industry

Facebook Glossary:

Personal page (friends) v. biz page (“like”)

“Tagging” - identification mechanism

Privacy settings

Policies page

Page 9: Legal Issues Re: Social Media for the Regulated Utility Industry

Twitter Glossary:

Tweet- 140 character communication

Follower - those who read your tweets

To tweet - verb for using Twitter

@carolynelefant - addressing another user

DM - direct message

RT - retweet (forward the message to others)

# - hashtag - categorizes conversations

Page 10: Legal Issues Re: Social Media for the Regulated Utility Industry
Page 11: Legal Issues Re: Social Media for the Regulated Utility Industry

Three Common Features of SM

•User generated content

•Third party platform

•Mixes personal & professional; content and branding

=Loss of control and formality

Page 12: Legal Issues Re: Social Media for the Regulated Utility Industry

Legal Issues Re: Utility Use of Social Media•Rate Recovery Issues:

•Education v. Branding

•Credit for consumer-generated information

•Affiliate Codes of Conduct - Joint marketing & undue preference

•Privacy of customer data

•Record-keeping for regulatory proceedings

•Counterfeit accounts

•Safety and customer relations - accuracy and responsiveness

•Regulators

•Ex parte contact

•Prejudging issues

Page 13: Legal Issues Re: Social Media for the Regulated Utility Industry

Questions for the future

Social media use for public outreach and stakeholder input?

Treatment of consumer-generated content?

Metrics to evaluate effective use?

Duty to monitor/responsibility for falsely transmitted 3rd party content?

Limits on inviting disclosure of information?

Universal access?

Overseeing accuracy?

Role of commissions v. AG/FTC?

Record-keeping protocols?

Page 14: Legal Issues Re: Social Media for the Regulated Utility Industry

Regulatory approaches to an evolving area:

•Regulation v. guidance & best practices

•Avoid platform-specific regulations which will be overtaken by rapid change

•Social media policy

•Develop ways to enable use of social media. Prohibiting use is not a “social media” policy

•Get your hands dirty!

•If your GC/attorneys aren’t using social media, how can they help you develop effective policies?

Page 15: Legal Issues Re: Social Media for the Regulated Utility Industry

www.linkedin.com/in/carolynelefant

@carolynelefant, @nxtgenenergylaw

https://plus.google.com/112199202096472402474

www.facebook.com/carolynelefant

Where to find me online:

Carolynelefant.com

[email protected] on

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