the legal implications of social media
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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.TRANSCRIPT
The Legal Implications of Social Media for Business
Kelly Twigger | ESI AttorneysSara Meaney | Comet Branding + PR
PRESENTERS |
Kelly Twiggerowner and founder
ESI Attorneys
Former partner Quarles & Brady LLPGuest lecturer, Marquette University Law School
Milwaukee Business Journal: Forty Under 40 Class of 2010E-discovery expert
Kentucky basketball fanaticKentucky Derby -- Official Host
First Computer: IBM AS2First Blog Post: December 2007
First Tweet: August 2009
PRESENTERS |
Sara Meaneypartner | left brain | co-owner
Comet Branding + PR
Social media, PR and strategic marketing proCo-founder of Social Media Club, Milwaukee
Guest lecturer, Communications: UW-Whitewater, MarquetteMilwaukee Business Journal: Forty Under 40 Class of 2010
Co-host of Comet RadioBlogger, Twitterer, Foursquare junkie
Metrics geekFavorite karaoke song: Don’t Stop Believin’
First computer: Commodore 64First Tweet: August 2008Twitter followers: 5,183
• Disclaimer, Assumptions and Assurances
• The Business Case for Social Media
• Legal Issues in Social Media
• Kelly: Mitigation measures: training, education
• Kelly: Document management
• Thoughts on organizational policy
• Questions
SOCIAL MEDIA | OVERVIEW |
POP QUIZ | SOCIAL MEDIA |
1. What do you call a message sent out via Twitter?
a. SMS
b. Tweet
c. Twit
d. Perplexing
POP QUIZ | SOCIAL MEDIA |
1. What do you call a message sent out via Twitter?
a. SMS
b. Tweet
c. Twit
d. Perplexing DID YOU KNOW?
50 million tweets
are sent per day
POP QUIZ | SOCIAL MEDIA |
2. Which group is the largest user demographic on Facebook?
a. 0 - 17
b. 18 - 24
c. 25 - 34
d. 35 - 54
e. 55+
POP QUIZ | SOCIAL MEDIA |
2. Which group is the largest user demographic on Facebook?
a. 0 - 17
b. 18 - 24
c. 25 - 34
d. 35 - 54
e. 55+
POP QUIZ | SOCIAL MEDIA |
3. How many searches does Google handle per day?
a. 15.3 million
b. 32.7 million
c. 807.4 million
d. 1.3 billion
e. 2.7 billion
POP QUIZ | SOCIAL MEDIA |
3. How many searches does Google handle per day?
a. 15.3 million
b. 32.7 million
c. 807.4 million
d. 1.3 billion
e. 2.7 billion
source: comScore
Does not include
BING, Yahoo, or
any other search
engines
WOW.
• This is not another Social Media 101 lecture.
• This contents of this presentation will not strengthen your argument against using social media for business.
• We are unapologetic users and advocates for the strategic use of social media for business.
• Tweeting live comments during this session may result in shared knowledge and business opportunities. Proceed with caution.
SOCIAL MEDIA | DISCLAIMER |
• You have used Google at least once in your lifetime. Or you know someone who has.
• You’ve heard of Twitter, Facebook, LinkedIn and YouTube before.
• You acknowledge that the aforementioned social media sites have some relevance to you and/or your business.
• You want to know more about the uses of these sites and the implications/risks involved.
SOCIAL MEDIA | ASSUMPTIONS |
• You’ve come to the right session.
• You can ask questions both during and after the presentation.
• You are encouraged to use social media during the presentation; we will not be offended or distracted by it.
SOCIAL MEDIA | ASSURANCES |
• Audience attention span is short
• Increasingly noisy online marketplace
• Cross-functional applications
• Measurable: cause-effect
• ROI - if leveraged strategically
SOCIAL MEDIA | BUSINESS CASE |
BUSINESS CASE | ATTENTION SPAN IS SHORT |
*source: Nielsen Norman Groupn= 45,000+ page views
YIKES!
*Online readers only
read 20%
of the words on the
screen.
BUSINESS CASE | IT’S NOISY ONLINE |
DID YOU KNOW?
Social media
contributes to your
SEO and improves
findability.
BUSINESS CASE | CROSS-FUNCTIONAL APPLICATIONS |
Customer service via Twitter
Direct sales through TwitterCrowd-sourced product innovation: IdeaStorm
Entrepreneur community hubMarket research
Facebook for recruitment: 45,000+
BUSINESS CASE | MEASURABLE: CAUSE - EFFECT |
B.S. Example: (Before Social Media)
A.S. Example: (After Social Media)
BUSINESS CASE | DIRECT RETURN ON INVESTMENT |
B2B client example:
Significant increase in qualified client prospects
More new business meetings
BUSINESS CASE | WORKING IT OUT |
• Marketing/Communications and Legal can sometimes be adversarial.
• Gotta get past that for social media to be effective.
• Knowing the facts will support collaboration.
WHAT YOU SHOULD KNOW | LEGAL ISSUES |
• Content ownership -- whose is it and what does delete mean?
• Utilizing third party content (RT@, YouTube)
• Employer liability for content
• Using social media for hiring -- do’s and don’ts
• Discoverability of ESI on social media
• How to mitigate risks
LEGAL ISSUES | BASIC TENENTS |
• Very little case law yet on these issues; law still developing
• ESI = Electronically Stored Information• Seek legal advice where risk is high• Same law applies to electronic communications as written ones
If you post it, you own it
LEGAL ISSUES | POSTING THIRD PARTY CONTENT |
• U.S. Copyright Act, 17 U.S.C. Section 101, et. seq. prohibits using any third party content, i.e. photos, videos or songs taken by or belonging to someone else; civil and criminal with treble damages and fees
• Digital Millenium Copyright Act (sec. 512) -- protects site from liability
User/poster owns content
LEGAL ISSUES | WHO OWNS POSTED CONTENT? |
• Text
Deleted does not mean gone
LEGAL ISSUES | UTILIZING SOCIAL MEDIA FOR HIRING |
• Posting recruiting information
• Reviewing social media sites for prospective hires
LEGAL ISSUES | DISCOVERY OF ESI ON SOCIAL MEDIA |
• Rules governing discovery of information in litigation expanded to allow for discovery of ESI
• All ESI that is relevant or responsive in litigation is discoverable
• Same level of analysis of written materials put out by companies needs to be made with social media; a tweet can and will be evidence
LEGAL ISSUES | DISCOVERY OF ESI ON SOCIAL MEDIA |
Uncle Sam knows social media and he knows how to get it
And now he owns it too!
LEGAL ISSUES | MITIGATING THE RISKS |
• Establish well thought out, readable policy for acceptable use of social media
• Provide age appropriate training for users; consider video and written policy
http://www.sun.com/communities/guidelines.jsp
LEGAL ISSUES | MITIGATING THE RISKS |
• Establish communication between legal and dept utilizing social media for legal review
• Understand retention of ESI for sites you are using
• Develop and execute on planned social media strategy; avoid surprises or rogue employees
LEGAL ISSUES | SOCIAL MEDIA GOLDEN RULES |
When in doubt, don’t.
You are personally responsible for material you post.
Always identify yourself.
Identify personal opinions as personal.
Be consistent, ethical and respectful.
THANK YOU | QUESTIONS? |
QUESTIONS?
THANK YOU | CONTACT US |
[email protected]: @kellytwiggerPhone: 414.375.2015
Web: esiattorneys.com
[email protected]: @sarameaneyPhone: 414.672.8777
Web: cometbranding.com
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