Navigating Social Media Risks: Facebook, Twitter & LinkedIn, Oh My!

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Navigating Navigating Social Media Social Media Risks: Risks: Facebook Facebook, Twitter & , Twitter & LinkedIn, Oh My! LinkedIn, Oh My! Erik M. Pelton ゥ 2010 Erik M. Pelton & Associates, PLLC. All Rights Reserved.

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Understanding and mitigating the risks of using social media in the workplace. Presentation by Erik Pelton at the NAPBS 2010 Mid-Year Conference.

Transcript of Navigating Social Media Risks: Facebook, Twitter & LinkedIn, Oh My!

Page 1: Navigating Social Media Risks: Facebook, Twitter & LinkedIn, Oh My!

NavigatingNavigatingSocial MediaSocial Media

Risks:Risks:FacebookFacebook, Twitter &, Twitter &

LinkedIn, Oh My!LinkedIn, Oh My!

Erik M. Pelton

© 2010 Erik M. Pelton & Associates, PLLC. All Rights Reserved.

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2010 NAPBS Mid-Year Meeting

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

FacebookFacebook statistics:statistics:

People on Facebook• More than 500 million active users• 50% of our active users log on to Facebook in any given day• Average user has 130 friends• People spend over 700 billion minutes per month on Facebook

Activity on Facebook• There are over 900 million objects that people interact with (pages, groups,

events and community pages)• Average user is connected to 80 community pages, groups and events• Average user creates 90 pieces of content each month• More than 30 billion pieces of content (web links, news stories, blog posts,

notes, photo albums, etc.) shared each month.

• From http://www.facebook.com/press/info.php?statistics

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

Types of social network contentTypes of social network content

• Text• status• reviews• blog posts

• Locations• Links• Photos• Videos• Audio•More…

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

What can go wrong?What can go wrong?

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

What can go wrong?What can go wrong?

• Content contradicts company policy

• Employee embarrasses company

• Used to violate someone else’s intellectual property

• Used as evidence in a future legal case

• Used improperly in employment decisions

• Leak of confidential information

• Misuses company’s intellectual property

• Unclear if source is personal or company

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

What can employers do?What can employers do?

• Monitor employees?

• Company policies?

• Contracts with employees?

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

Monitoring Employees?Monitoring Employees?

• Can cause more problems than it solves

• How to monitor?

• Who to monitor?

• Liability risks could increase because

employer knows or should know of

activity

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

Creating a Social Medial PolicyCreating a Social Medial Policy

• Educate employees about risks

• Share company goals for using social

media

• Make it clear who own what

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

What a Social Medial PolicyWhat a Social Medial PolicyShould IncludeShould Include

• Outline company objectives and goals

• Flexible guidelines

• Examples of proper use

• Examples of improper uses

•Ownership of accounts and content

• Intellectual property usage

• Protect confidential information

• Use of social media in hiring decisions

• Employee signature acknowledging receipt and review

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

Keep track of Terms of UseKeep track of Terms of Use

• Every time an account is created, accessed or used,

the user consents to the ‘Terms of Use’

• Nobody ever reads them!

• Why they are significant:• What rights are you giving up?

• What liability risks are you assuming?

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2010 NAPBS Mid-Year Meeting October 10- 12, 2010

Intellectual Property ProtectionsIntellectual Property Protections

• Proper usage of company logos and brands

• Educate employees about respecting the

intellectual property rights of others

• Register usernames that correlate to company

brand names

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Intellectual Property ClausesIntellectual Property ClausesIn ContractsIn Contracts

• Who owns content created• By employees• By contractors• By users/customers• In joint ventures

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Hosting Content NetworksHosting Content Networks

• If company hosts content from employees, customers,

or users via some form of network

• Could be a “community” website, and intranet or

other form of network

• Having proper ‘Terms of Use’ for users to agree to is

critical

• Need DMCA “take down” procedure in case and

intellectual property is violated

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TipsTips

• Social media must be dealt with, will only grow• If you ignore it, an uninformed employee or fan

might be speaking for you• Policies should be reasonable, goal is an

understanding, not a directive• Cannot control everything….• Even if networks blocked on

computers, there are phones!

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Questions?Questions?

If you have questions later, you can find me online:

www.erikpelton.com

www.facebook.com/tm4smallbiz

@tm4smallbiz

www.erikpelton.tv

www.linkedin.com/in/tm4smallbiz

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ConcusionConcusion

Social media can have great benefits To properly harness it, educate employees about

the risks and craft a policy to meet businessobjective

DISCLAIMER:Content is not legal advice.

If you have questions, consult an attorney.

© 2010 Erik M. Pelton & Associates, PLLC. All Rights Reserved.