the law online - posting gone wild!

THE LAW ONLINEPOSTING GONE WILD!

Shawn E. Tuma@shawnetuma

stuma@brittontuma.comwww.brittontuma.com

Presented for

Parenting Paper<less ConferenceTechnology and Single Parenting Conference

2013October 19, 2013

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Who’s Tweeting?

#parenttech

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I am a lawyer (please don’t hold

it against me!)

educational purposes only

not intended to be legal advice and should not be relied on as such

no attorney-client relationship

but why am I really happy about being here?

The Disclaimer

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1. Can I be sued for [x, y, or z]?

2. Is the risk of being online and using social media worth the risks?

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Yes!

Two Most Common Questions

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inform you of some risks of using social media, email, other online activities

show you some ways to help minimize those risks

Remember: the Internet and social media are tools – what you say and do is much like “real life”

common sense and thinking, above all else!www.brittontuma.com

Goals for Today!

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What is “social media law” and “digital information law”?

the rules that apply to life online

statutes, common law, contracts

federal and state governments enact laws

traditional legal rules apply online

everything online has a contract

a few maxims

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Digital Information Law

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What can others learn from your online activity?

personal you, your children, home, stuff?

professional your job, employer’s secrets?

never anonymous, everything is trackable

situational awarenesswww.brittontuma.com

maxim #1 maintain situational awareness

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Just because it is on the Internet does not mean you can have it!

intellectual property rights infringement of trademark right to publicity infringement of copyright need license or use creative

commons example

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maxim #2 be honest

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Copyright Example

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Attribution: prthugp @ http://www.officialpsds.com/prthugp-Profile9747.html

License: Creative Commons

Attribution 3.0

maxim #2 be honest

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maxim #2 be honest

Computer Fraud and Abuse

Act

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stolen access codes / programs “sharing” logins to online services misusing online resources taking employer info / deleting info using computers for fraud or theft using computers to damage others false accounts logging in to snoop, spy

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maxim #2 be honest

Comput

er Fra

ud and

Abuse

Act

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Who wants to get sued? what you (and your children) say can hurt

you!

Bland v. Roberts – “Like” case = 1st Amend. tortious interference defamation (libel, slander, bus.

defamation) false promises online impersonation harassment and cyber-bullying “puffery” of facts – selling on Craigslist,

etc.www.brittontuma.com

maxim #3 if you don’t have something

nice to say

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Do unto others as you would have …

cyberbullying, online threats, harassment

harassing telephone calls breach of private information false impersonation & identity

theft unlawful interception of

communications

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maxim #4the Golden Rule

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What if someone is talking bad about you on social media?

defamation rules apply online

but … be careful

the “Streisand Effect” Dallas law firm

anti-SLAPP (Strategic Lawsuits Against Public Participation)www.brittontuma.com

maxim #5 turn the other cheek

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Social Media + Work = Oil + Water

online activity is used for hiring and firing

requesting social media login information

will read and find everything you say and do – especially the pictures!

what only your “friends” can see is still not protected under privacy laws – it is fair game

be careful of tone of posts, email, etc.

if you don’t want it on a billboard, don’t put it out electronically

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maxim #6 use good judgment

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If you have legal cases or issues, guess what will be used against you?

social media is evidence – very powerful evidence!

electronically stored information (“ESI”) is becoming the most useful form of evidence in virtually every kind of lawsuit and investigation

we now have complete records of 2-way communication stream – like all calls recorded!

you don’t “own” your tweets! (“If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy.” State of N.Y. v. Harris)

4th Am. ≠ protect Facebook or Twitter posts / tweets

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maxim #7 it will come back to bite

you

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Discuss rules and guidelines with your kids – understanding works!

teach to think and understand situations, reasons why

recognize and appreciate potential issues

plan how to handle those situations

use examples to educate on those issues

follow your kids’ online activity

everyone screws up – it’s ok

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maxim #8 prepare and plan ahead

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1. maintain situational awareness2. be honest3. if you don’t have something nice

to say …4. the Golden Rule5. turn the other cheek6. use good judgment7. it will come back to bite you8. prepare and plan ahead

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summary of 8 maxims

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www.shawnetuma.com

Shawn E. Tumad. 469.635.1335m. 214.726.2808

e. stuma@brittontuma.com@shawnetuma

Copyright © 2012

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