social media law power point
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© 2010 Looper Reed & McGraw, P.C.The information contained herein is subject to change without notice
SOCIAL MEDIA ANDYOUR COMPANY
BY: TRAVIS CRABTREE
AUGUST 4, 2010
BROWN BAG WEBINAR SERIESwww.emedialaw.com
www.lrmlaw.com
What is Social Media?
Media for social interaction, using highly accessible and scalable publishing techniques using web-based technologies to transform and broadcast media monologues into social media dialogues.
WHY?
Putting Out Your Message
The Communications Decency Act
Putting Out Your Message
CDA-Section 230
Putting Out Your Message
CDA-Section 230
Immunity[i] whether Defendant is a provider of an interactive computer service; [ii] if the postings at issue are information provided by another information content provider; and [iii] whether Plaintiff’s claims seek to treat Defendant as a publisher or speaker of third party content.
Putting Out Your Message
The Digital Millennium Copyright Act
Putting Out Your Message
To qualify for the safe harbor protection, the site must: (1) notify the customers of its policy; (2) follow proper notice and takedown procedures; (3) designate a copyright agent with the U.S.
Copyright Office; and(4) not have knowledge that the material or activity is
infringing or of the fact that the infringing material exists on its network
The Digital Millennium Copyright Act
Putting Out Your Message
Managing Your Message
Managing Your Message
Managing Your Message
To force sites to unmask anonymity online:(1)Doe made a defamatory statement; (2)the statement was concerning Plaintiff; (3)the statement was published; (4)others would understand the statement to be
defamatory; (5)the statement was false; and (6)Doe made the statement with actual malice.
Managing Your MessageThe Streisand Effect
Putting Out Your Message
Putting Out Your Message
Putting Out Your Message
Managing Your Mobile Message
Managing Your Mobile Message
Social Media and H.R.
•Race • Ethnicity • Gender
• Disability• Religion • National Origin
• Sexual Preference*
• Age
Social Media and H.R.
•Invasion of Privacy • Discrimination
• FCRA • Defamation• Violating the Terms of Service
Social Media and H.R.
INFORMATION
AVAILABLE FROM
PROFILES
•ORGANIZATIONS
•RELATIONSHIP
STATUS
•POLITICAL VIEWS
•RELIGIOUS VIEWS
•FRIENDS
•ACTIVITIES
•INTERESTS
•PHOTOS
Social Media and H.R.
I went out and had to get F****** drunk off my A**- Slugg’in through the work day today.
Rode up the elevator this morning with the hottiefrom accounting-I think she totally digs me!!!!
Looking forward to heading to Bible Study tonight, good times with good people.
BIG NEWS!! We just found out we’re having twins a boy and a girl!!
Social Media and H.R.
Social Media and H.R.
Balance: Employer Right to Know vs. Employee Privacy and Freedom
of Expression
Social Media and H.R.
Social Media and H.R.
© 2010 Looper Reed & McGraw, P.C.The information contained herein is subject to change without notice
SOCIAL MEDIA ANDYOUR COMPANY
BY: TRAVIS CRABTREE
www.emedialaw.comwww.lrmlaw.com
Houston1300 Post Oak Blvd Ste 2000, Houston,
TX 77056Dallas
1600 Elm St. Ste 4600, Dallas, TX 75201