Social Media and the Law – A Friday Reading List

For your reference, here’s a Friday roundup of recent updates covering a wide range of issues at the intersection of social media and the law, published by leading lawyers and law firms on JD Supra:

An Update on Social Media and Employee Discipline (McNees Wallace & Nurick LLC):

“…Employees, and unions, have flocked to social media. Unions are using social media to help organizing campaigns, and employees are using social media for just about everything. As a result, conversations that used to occur in the break room and bar room now take place on Facebook or via Twitter…” Read on»

Collision Occurs Between Copyrights and Misappropriation in Electronic News Media Space (Bracewell & Giuliani):

“Wall Street firms have for long provided detailed research reports and trading recommendations — exclusively to firm customers — to drive order flow with the recommending firm, thereby generating commission revenue. Storming the walls, however, are those in the electronic news media blasting the once-exclusive information to all corners of the Internet, immediately upon its release by Wall Street. But for Wall Street, this widespread, uncontrolled dissemination has cut into profitability and has wreaked havoc on traditional business models for market research…” Read on»

FTC Plans to Update Dot Com Disclosure Guidance (Venable):

“The Federal Trade Commission (“FTC’ or “Commission”) recently announced that it was updating its Dot Com Disclosures: Information About Online Advertising guidance document and would seek comments on proposed areas for changes through August 10, 2011…” Read on»

The Latest in FTC Privacy Initiatives (Ropes & Gray LLP):

“In the Report, the FTC cites new and growing threats to consumer privacy driven by innovations that rely on consumer data, such as cloud computing, social media, behavioral advertising, and mobile and location-enabled devices. In response to these threats, the Report proposes a framework with three core components for entities to protect consumer privacy…” Read on»

Holistic Cybersecurity Legislation on the Horizon (Cyrus Wadia):

“With the intense media scrutiny on cybersecurity failings in the private sector, one could easily forget that the issue goes far beyond consumers and their personally identifying information. Early this month, the Obama Administration released a comprehensive Cybersecurity Legislative Proposal focused on improving cybersecurity in three key areas: (1) consumer protection; (2) the Nation’s critical infrastructure; and (3) the Federal Government’s networks and computers…” Read on»

How to Take Down Trademark / Impersonation Squatting Accounts on Twitter (Tyson Snow):

“A step-by-step guide for taking down accounts on Twitter that either (1) infringe on your trademarks or (2) wrongfully impersonate you. Are you being twitter-squatted? Here is how you can put a stop to it…” Read more»

Transcending The Cloud – A Legal Guide to the Risks and Rewards of Cloud Computing (Reed Smith):

“…These policies are designed to cover first-party exposures — loss to business. Other coverage to consider for claims made by third parties against a company — by stockholders, consumers, the government or other entities — include commercial general liability (“CGL”), professional liability, director and officer liability, employment practices, and fiduciary liability policies…” Read on»

How Legal is Content Scraping? (Ropers, Majeski, Kohn & Bentley):

“Answer: It really depends on a number of factors. These days, the legality of scraping is something that’s in flux – and you’ll certainly want to consult with a licensed attorney about your specific situation. That said, here are a few guidelines to keep in mind…” Read on»

Social networking websites constitute general reputation evidence rather than specific instances of conduct (Warner Norcross & Judd):

“…The Court of Appeals also considered whether it was an error for the trial court to exclude evidence of the victim’s My Space page. The court found that the My Space page should have been admitted because social networking websites are general reputation evidence rather than specific instances of conduct.’” Read on»

At Least One Big Fish Enters the Murky Regulatory Waters of Social Media (Reed Smith):

“Morgan Stanley is taking a calculated risk to use the free-flowing and spontaneous technology of social media to communicate with customers within a context of securities regulation that heavily controls such communications, with the Securities and Exchange Commission (SEC) and industry self-regulatory organizations devoting significant attention to the issue…” Read on»

Cyberbullying: Balancing the Rights of Student Victims and Bullies (McNees):

“Educators at all levels have long been aware of the harm that bullying can cause. With the explosive growth of social networking sites and instant messaging, however, today’s bullies have many more opportunities to act. What once took place in school hallways and cafeterias can now occur at any time and in any place. The internet allows bullies to reach their victims even when they are at home…” Read on»

Is Your Hand Raised or Are You Busy Texting? (Sands Anderson PC):

“According to research conducted by the Virginia Tech Transportation Institute, drivers who text are 23% more likely to have an accident or near-accident than the average driver. Although the joint effort is new, OSHA is not proceeding under a new law or new regulation. It is simply applying existing regulations in a new way…” Read on»

A Lesson in Social Media and Transparency from an Unlikely Source: the UFC (Winthrop & Weinstine, P.A.):

“In a few short years, the Ultimate Fighting Championship, or the UFC, has become a sports powerhouse. The league seems to have it all—a booming business, a solid philosophy and a great presence on social media that engages their fans. Why does this matter to you? Because your business can learn a few things from them…” Read on»

Does Your Sarbanes-Oxley Act Compliance Program Reflect Your Social Media Presence? (Sheppard Mullin):

“A sound social media governance program means more than having a social media policy, or updating your document retention policy to include social media activity. It may also mean updating your Sarbanes-Oxley Act (“SOX”) compliance program to ensure that your company is complying with Section 409…” Read on»

In the Matter of Facebook, Inc. and the Facial Identification of Users (Electronic Privacy Information Center):

“A complaint filed with the Federal Trade Commission about Facebook’s automated tagging of Facebook users. EPIC alleged that the service was unfair and deceptive and urged the FTC to require Facebook to suspend the program, pending a full investigation, the establishment of stronger privacy standards, and a requirement that automated identification, based on user photos, require opt-in consent…” Read on»

Looking for additional updates?

              Follow Social Media Law updates on Twitter or Facebook