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THE LAW ONLINEPOSTING GONE WILD!
Shawn E. Tuma@shawnetuma
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
www.brittontuma.com
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
www.brittontuma.com
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
www.brittontuma.com
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
www.brittontuma.com
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
www.brittontuma.com
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.brittontuma.com
www.shawnetuma.com
Shawn E. Tumad. 469.635.1335m. 214.726.2808
e. [email protected]@shawnetuma
Copyright © 2012
for more info?