9780789749536

Navigating Social Media Legal Risks Safeguarding Your Business

by
  • ISBN13:

    9780789749536

  • ISBN10:

    078974953X

  • Edition: 1st
  • Format: Paperback
  • Copyright: 5/4/2012
  • Publisher: Que Publishing

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Summary

This insightful, first-of-its-kind book gives business and marketing professionals practical strategies for successfully navigating the unique new risks of social, mobile, and online media. Armed with this book, business decision-makers can implement secure and successful social and mobile marketing programs while maintaining strict legal and regulatory compliance in a fast-changing environment. Author and attorney Robert McHale has spent fifteen years at the forefront of information technology and intellectual property law. Now, he distills his knowledge into a 100% practical guide specifically for non-lawyers. Writing in plain English, McHale reviews today's US laws related to social media, and illuminates both the legal and business risks associated with it. Readers learn best practices for: * Avoiding high-profile human mishaps that can instantly damage reputation, brand equity, and goodwill, or create massive potential liability * Ensuring the security of sensitive company information, from customer data to business leads * Safely utilize online pre-employment screening * Monitor and regulate employee usage of social media * Understand the e-discovery implications of social media in lawsuits * Preventing unfair or deceptive endorsements and other issues in user-generated content * Avoiding unintentional employment and labor law violations * Managing the legal implications of "gamification" in online/mobile media * And much more...

Author Biography

Robert McHale, Esq. is the founding member of R McHale Law, a full-service law firm whose corporate practice represents clients on a wide variety of Hand IP law matters, including privacy/data security, trademark, copyright, trade secrets, technology licensing, and other proprietary protections. His areas of focus include corporate law, business litigation, computer software, web/mobile applications, new media, and Internet and e-commerce technology. Eric Garulay is digital marketing manager at Pearson, the world's largest educational publisher. He is a digital marketing and social media strategist, and founder and executive producer of the OnPodcast Video Network.

Table of Contents

Introductionp. 1
How This Book Is Organizedp. 3
Social Media Promotion Law: Contests and Sweepstakesp. 3
Online Endorsements and Testimonials: What Companies and Their Employees Can and Cannot Tweet, Blog, or Sayp. 4
The [Mis]Use of Social Media in Pre-Employment Screeningp. 4
Monitoring, Regulating, and Disciplining Employees Using Social Mediap. 4
Social Media in Litigation and E-Discovery: Risks and Rewardsp. 5
Managing the Legal Risks of User-Generated Content.!p. 6
The Law of Social Advertisingp. 6
Trademark Protections from Brandjacking and Cybersquatting in Social Networksp. 8
Balancing Gamification Legal Risks and Business Opportunitiesp. 8
Social Media's Effect on Privacy and Security Compliancep. 9
Legal Guidelines for Developing Social Media Policies and Governance Modelsp. 9
Looking Ahead at Social Media Business Opportunities, Expectations, and Challengesp. 9
Who Should Use This Book?p. 10
Features of This Bookp. 11
A Quick Note about U.S. Legal Systemp. 11
Legal Disclaimerp. 12
Social Media Promotion Law: Contests and Sweepstakesp. 13
Online Promotionsp. 14
Sweepstakes Lawsp. 15
Contest Lawsp. 17
Lottery Lawsp. 19
Potential Legal Issues Associated With Public Votingp. 21
Keeping Social Media Promotional Campaigns Legalp. 23
Online Promotions Outside the United Statesp. 25
Sweepstakes Versus Illegal Online Gamblingp. 25
Platform-Specific Guidelinesp. 26
LinkedInp. 26
Google+p. 26
Twitterp. 26
Facebookp. 27
Online Endorsements and Testimonials: What Companies and Their Employees Can and Cannot Tweet, Blog, or Sayp. 35
Fundamental Principles of Endorsements and Testimonialsp. 37
Endorsement or Not?p. 37
Determining Liabilityp. 40
Making Necessary Disclosuresp. 41
Hyperlinked Disclosuresp. 43
General Rules for Disclosuresp. 44
Disclosures in Social Mediap. 46
Lessons Learned from FTC Investigative and Enforcement Actionsp. 47
The [Mis]Use of Social Media in Pre-Employment Screeningp. 53
The Fair Credit Reporting Actp. 56
Real-World Examplesp. 59
FTC v. Social Intelligence Corpp. 59
FTC v. the Marketers of 6 Mobile Background Screening Appsp. 61
Robins v. Spokeo, Incp. 62
Monitoring, Regulating, and Disciplining Employees Using Social Mediap. 67
Employee Monitoringp. 68
Employer Regulationp. 73
Employee Discipline for Social Media Usep. 74
Ambulance Service Providerp. 75
Chicago Luxury Car Dealerp. 76
Advice Memorandap. 77
Lawfully Disciplining Employeesp. 80
Social Media in Litigation and E-Discovery: Risks and Rewardsp. 89
E-Discovery of Social Mediap. 90
The Stored Communications Actp. 93
Authenticating Social Networking Site Evidence at Trialp. 97
Managing the Legal Risks of User-Generated Contentp. 103
Copyright in the Age of Social Mediap. 104
Direct Infringementp. 106
Contributory Infringementp. 107
Vicarious Infringementp. 107
Digital Millennium Copyright Actp. 107
Defamation, Invasion of Privacy, and CDA Immunityp. 113
Limitations of CDA Immunityp. 117
The Law of Social Advertisingp. 125
The FTC Actp. 127
Best Practices for Social Media Advertisingp. 128
Section 43(a) of the Lanham Actp. 129
The CAN-SPAM Act of 2003p. 134
The Children's Online Privacy Protection Act (COPPA)p. 137
COPPA Enforcementp. 139
Proposed Changes to COPPAp. 141
Summationp. 145
Trademark Protections from Brandjacking and Cybersquatting in Social Networksp. 151
Notable Cases of Brandjacking and Cybersquattingp. 152
Trademark Infringement Under the Lanham Actp. 156
The Anticybersquatting Consumer Protection Act (ACRA)p. 161
Post-Domain Path Names and the ACPAp. 164
Platform-Specific Trademark Enforcement Mechanismsp. 166
Twitter Policiesp. 166
LinkedIn Policiesp. 167
Facebook Policiesp. 167
Uniform Domain Name Dispute Resolutionp. 169
Balancing Gamification Legal Risks and Business Opportunitiesp. 175
Unfair and Deceptive Marketing Practicesp. 177
FTC Guidelines on Endorsementsp. 181
Legal Status of Virtual Goodsp. 182
The Credit CARD Act of 2009p. 186
Other Little-Known Laws Relating to Virtual Currenciesp. 188
Location-Based Servicesp. 189
Designing a Precise Geolocation Data Security Planp. 191
Social Media's Effect on Privacy and Security Compliancep. 197
Privacy Compliancep. 199
Security Compliancep. 202
Legal Guidelines for Developing Social Media Policies and Governance Modelsp. 209
Vital Corporate Social Media Policy Provisionsp. 210
Recommended Social Media Marketing Policiesp. 217
Looking Ahead at Social Media Business Opportunities, Expectations, and Challengesp. 221
Table of Legal Authoritiesp. 225
Federal Statutes and Regulationsp. 225
Case Lawp. 226
Miscellaneousp. 231
The Federal Trade Commission Act of 1914p. 233
(15 U.S.C. 41-58) (as amended)p. 233
The Lanham Act-Section 43(a)p. 235
(15 U.S.C. 1114(1) and 1125(a))p. 235
The Anticybersquatting Consumer Protection Act (ACPA)p. 237
(15 U.S.C. 1125(d) - Section 43(d) of Lanham Act)p. 237
Fair Credit Reporting Act (FCRA)p. 239
15 U.S.C. 1681 et seq.)p. 239
Electronic Funds Transfer Act (EFTA)p. 245
(15 U.S.C. 1693 et seq.)p. 245
Children's Online Privacy Protection Rulep. 249
(Title 16 C.F.R. 312)p. 249
FTC's Revised Guides Concerning Use of Endorsements and Testimonials in Advertisingp. 255
(16 C.F.R. Part 255)p. 255
Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003p. 259
(15 U.S.C. 7701 et seq.)p. 259
The Copyright Actp. 263
(17 U.S.C. 101 et seq.)p. 263
Online Copyright Infringement Liability Limitation Act (OCILLA)p. 265
(17 U.S.C. 512)p. 265
Computer Fraud and Abuse Actp. 269
(18 U.S.C. 1030)p. 269
Electronic Communications Privacy Actp. 273
(18 U.S.C. 2701 et seq.) (Including the Stored Communications Act [SCA])p. 273
National Labor Relations Actp. 277
(Pub.L. 74-198, 49 Stat. 449, 29 U.S.C. 151-169) (as amended)p. 277
The Unlawful Internet Gambling Enforcement Act of 2006p. 279
(31 U.S.C. 5361-5366)p. 279
Communications Decency Act (CDA) of 1996p. 283
(47 U.S.C. 230)p. 283
Indexp. 285
Table of Contents provided by Ingram. All Rights Reserved.

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