Legal Implications of Social MediaOrange County Bar Association

March 28, 2013

#SocialMediaLaw

@EthanWall

@EthanWall | #SocialMediaLaw

Samir Ghia

Social Media Affects Actual Cases

Smoking Gun Facebook Wall Posts & Profile Pictures

Privacy Settings and the Right to Privacy

Impact of Third Party Social Media Content

@EthanWall | #SocialMediaLaw

Mom Hires Hit Man on Facebook

London Eley posted on her Facebook wall:

I will pay somebody a stack to kill my baby father

Timothy Bynum responded:

say nomore wat he look like nd where he be at

@EthanWall | #SocialMediaLaw

McMillen v. Hummingbird Speedway (Pa. 2010) Plaintiff seriously injured after he was

rear-ended following a stock car race

Plaintiff Claimed:

Permanent impairment, loss of general health, loss of enjoyment of life

Defendant served requests for Plaintiff’s Social Media Login Credentials

@EthanWall | #SocialMediaLaw

Plaintiff objected on the grounds of confidentiality and privilege

McMillen v. Hummingbird Speedway (Pa. 2010)

Public portion of Plaintiff’s Facebook revealed comments about his fishing trip and attendance at a later stock car race

Defendants successfully moved to compel Plaintiff to Turn Over Login Information

as Facebook evidence was relevant to sufficiency of damages claims

@EthanWall | #SocialMediaLaw

Litigants should utilize “all rational means for ascertaining the truth”

Barnes v. Coyote Ugly

@EthanWall | #SocialMediaLaw

@EthanWall | #SocialMediaLaw

Barnes v. Coyote Ugly

@EthanWall | #SocialMediaLaw

Barnes v. Coyote Ugly

Plaintiff sued for injuries after falling and striking her head at the

bar.

Defendant served plaintiff’s Facebook “friends” with a

subpoena to obtain social media activity near the time of the

incident.

@EthanWall | #SocialMediaLaw

@EthanWall | #SocialMediaLaw

Romano v. Steelcase, Inc. (NY 2010)Plaintiff Sued for Personal Injuries

Plaintiff claimed: Loss of enjoyment of life and could no longer leave her house

But what did her Facebook profile picture reveal….

A Photograph of Plaintiff Smiling

Outside Her House

@EthanWall | #SocialMediaLaw

Objected to Facebook discovery based on her 4th amendment “right to privacy”

Romano v. Steelcase, Inc. (NY 2010)

When plaintiff created her Facebook and MySpace accounts, she consented to the fact that her personal information would be shared with others, notwithstanding her privacy settings. Indeed, that is the very nature and purpose of these social networking sites, else they would cease to exist. Since plaintiff knew that her information may become publicly available, she cannot now claim that she had a reasonable expectation of privacy.

@EthanWall | #SocialMediaLaw

Court Analyzed Her Expectation of Privacy:

1. Did Plaintiff Have Subjective (personal) Expectation of Privacy?2. Did Plaintiff Have a Reasonable (society) Expectation of Privacy?

Rhode Island v. Lipton

Lipton charged in a drunk driving accident with serious injuries

Attended a party two weeks later

Unremorseful & Depraved

Received Maximum Sentence

Anything You Say on Social Media…

Ethan Wall, Esq.Social Media Law & Order

Ethan Wall concentrates in internet, intellectual property, and social media law at Richman Greer, P.A. in Miami.

Recognized by Chambers as an “Associate to Watch,” a “Florida Rising Star” by Florida Super Lawyers’ Magazine, and as one of Florida’s “Top Up & Comers” by Florida Trend Magazine, Ethan frequently presents and publishes articles on the effect of social networking and the internet on the law.

Ethan co-authored the Social Media Guide for Lawyers, a practical guide on how lawyers and law firms can use social media to effectively, ethically, and responsibly use social media to promote their practice. The Guide can be downloaded at http://SocialMediaGuideforLawyers.com.

Ethan also authors the Social Media Law and Order blog about the effect of social media on the law at http://SocialMediaLawAndOrder.com.