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2010 PLUS International Conference
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EMERGING
LIABILITY IN THE
AGE OF SOCIAL
MEDIA
2010 PLUS International Conference
Introduction
About Social Media
Legal Issues
Coverage Considerations
Risk Management
To help you talk more confidently about
social media risk and insurance to your
clients and colleagues
Objective
2010 PLUS International Conference
Introduction: Who We Are –
A Social Graph…
Ateeya Tim
Michael
PLUS
TimKevin
Bilal
Ateeya
Tom
Bilal
Tim
Michael
Kevin
2010 PLUS International Conference
Graphic: Intersection Consulting on Flickr
The Social Business Ecosystem
2010 PLUS International Conference
Semantic Web: A Way to Represent all
Kinds of Information, Where Ever it is
on the Net
Bilal.ca
Blog
Mashable
Web news
site
Ateeya
Person
Bilal
Person Sky Yard
Bar
Social
Media
Topic
123.JPG
Photo
Anthony
Person
Tim
Person
Starbucks
Coffee
Bookmarked
Friend of
Depiction of
Depiction of
Fan of
Reads
Drinks Author
Fan of
ReadsFriend of
Who knows about social media?
Drinks
Discussed
2010 PLUS International ConferenceSource: The Conversation Prism, Brian Solis
The Conversation Prism
2010 PLUS International Conference
About Social Media:
Why We Must Pay Attention
2010 PLUS International Conference
University of Maryland’s Smith School of Business Study: social media technology adoption rates in the U.S. have doubled in the past year from 12% to 24%. It is expected to grow even more as the social platforms get more mainstream.
Mediapost / FedEx: 36% plan of SMBs to utilize social media/networking websites to build business in 2010.
Emarketer: More than one-quarter of the above said blogs, LinkedIn and Twitter were other key tools for marketing their business.
Jeff Bullas Blog: A survey of 1,711 “small business decision makers” found “all use at least one social media resource for business-relevant information. The overall average number of social media resources used by participants in this study is 5.9.
About Social Media and SMBs:
Why We Must Pay Attention
2010 PLUS International Conference
The Many Faces of Social Media –
as seen by...
2010 PLUS International Conference
The Many Faces of Social Media –
as seen by...
2010 PLUS International Conference
The Many Faces of Social Media –
as seen by...
2010 PLUS International Conference
The Many Faces of Social Media –
as seen by...
2010 PLUS International Conference
The Many Faces of Social Media –
as seen by...
2010 PLUS International Conference
The Many Faces of Social Media –
as seen by...
2010 PLUS International Conference
Another Justin...
and Social
Media
Phenomenon
The Many Faces of Social Media –
as seen by...
2010 PLUS International Conference
The Many Faces of Social Media –
as seen by...
2010 PLUS International Conference
The Many Faces of Social Media –
as seen by...
2010 PLUS International Conference
Legal Matters
Legal Issues Implications
Section 230 federal immunity for third
party authored content
DMCA - Copyright Notice and Take-
down
Privacy
Data Breach
FTC Oversight
Libel
Fines & Penalties
Injunctions
Oversight /Remediation requirements
Damage to Reputation
Criminal Indictments
Precursor to Civil Liability
2010 PLUS International Conference
Coverage Considerations:
Exposures
Commerce Content Infrastructure
AccessE-commerce theftCustomer behaviorJurisdictional/lawTrustConfidentialityIdentityDigital moneyNon-traceability of
transactionsRegulatoryTaxUnfair trade practicesCustomer awarenessCustomer choiceQuality of dataInformation protectionFailure to provide
promised services
Data securityPrivacyConsumer accessLegitimate useAuthenticityNon-reputabilityBusiness practice
disclosureTransaction Integrity /
reliabilityFraud and ID
theftBusiness designOld TechnologySnoopingCorruptionMisuse of
informationPersonal threatsErrors and
Omissions
Inappropriatecontent on company servers
Customer behavior
Domain name hijacking
TrustCybersquattingConfidentiality and identity
SecurityRegulatoryLoss of tradesecrets
Unfair tradepractices
Customerawareness
Personal threatsJurisdictional /law
Infringement ofIntellectual property
Privacy
Customer choiceQuality of dataSecurity of dataConsumer accessLinking and framing risk
Meta-tag abuseLegitimate useInformationprotection
SnoopingIdentity theftCorruptionMisuse ofinformation
Errors andomissions
Customer Information
AccessReliabilityPerformanceJurisdictional / law issues
TrustSecurity of dataPrivacyRegulatoryDefectivehardware /software
Legitimate useBusiness designTechnology obsolescence
Physical damageEfficacy
2010 PLUS International Conference
Coverage Considerations:
An Insurance Approach to Risk
Damage to our
computer systems
could severely
impair our ability
to manage our
business.
Our business may be harmed if
our computer network security
is compromised.
Our failure to
successfully manage
our online
businesses could
have a negative
impact on our
business.
We are dependent on third parties for critical business functions, and their
failure to provide services to us could have a material adverse effect on
our business and operating results.
Media & Intellectual
Property
Privacy &
Technology
E-Commerce
Vendor
Management
We may be unable to protect our
trademarks and other intellectual
property rights.
2010 PLUS International Conference 16
Coverage Considerations: Where
We Are Today
PRIMARY
MARKETS
EXCESS
MARKETS
COVERAGE
RETENTIONSINT’L
ISSUES
CAPACITYPRICING
SOCIAL MEDIA
MARKETPLACE
Declining
Stable / Unchanged
Improving
Soft Market is
differentiating
Abundant and
increasing:
$200 million+
Rising for
insureds/classes
with claims;
otherwise stable
More than ever for small to
medium risks; only a handful
for
large, complex risks
Competition resulting
in improved terms
and pricing
Contractual
requirements
for local
policies
increasing
Differentiated
2010 PLUS International Conference
Social Media Risk Management
2010 PLUS International Conference
Your open and social organizational culture is your competitive advantage.
IBM: A Social Media Case Study
2010 PLUS International Conference
IBM: Reasons to Participate
www.ibm.com/blogs/zz/en/guidelines.html
Responsible engagement in innovation and
Dialogue
To learn
To contribute
Brand is best represented by its people
Word of Mouth, #1 Influencer in Business Purchasing Behavior
2010 PLUS International Conference
Quickly find the people you need by searching across your organization using keywords that help identify expertise, current projects and
responsibilities
Use a weblog to present your idea and get
feedback from others; learn from the expertise and experience of others
who blog
Organize your work, plan next steps, and easily tap your
expanding professional network to help execute your everyday
deliverables, faster
Activities
Create, find, join, and work with communities of people
who share a common interest, responsibility, or
area of expertise
Home
Wikis
Provide a place for groups of people to
jointly create and maintain content
through contribution and collaboration.
FilesShare your files with your colleagues. Everyone can
store, share, and collaborate on files.
Save, organize and share bookmarks; discover
bookmarks that have been qualified by others with
similar interests & expertise
Blogs
Communities
Bookmarks
Profiles
Social Collaboration
helps people work smarter
2010 PLUS International Conference
The Impact of Social Collaboration
*Source: IBM Community of Practice Business Impact Survey completed by approximately 2,300 respondents.
IBM social software benefits acknowledged by
% of survey respondents
87%
84%
84%
77%
74%
42%
60%
65%
65%
0% 20% 40% 60% 80% 100%
Increased skills
Accessed experts quicker
Shared know ledge w ith others
Reused assets
Increased productivity
Improved personal reputation
Increased sense of belonging
Increased sales
Improved customer satisfaction
2010 PLUS International Conference
Never discuss Corporate business performance
Don’t cite or reference clients, partners or suppliers without their approval
Don’t publish anything that might allow inferences to be drawn which could embarrass or damage a client
Respect your audience
Don’t pick fights and be the first to correct your own mistakes
Try to add value
Don’t use Company logos or trademarks unless approved to do so
Know and follow Business Conduct Guidelines
Employees are personally responsible for the content they publish on-line
Be mindful that what you publish will be public for a long time
Identify yourself – name and, when relevant, role at the Company
You must make it clear you are speaking for yourself and not the Company
Respect copyright, fair use and financial disclosure laws
Don’t provide the Company’s or another’s confidential or proprietary information
Current IBM
Social Computing Guidelines
2010 PLUS International Conference
IBM: Rules of the Road
www.ibm.com/blogs/zz/en/guidelines.html
Be professional
Follow Business Conduct Guidelines
Speak for yourself, not for the
Company
Respect copyrights, laws, and other
people
Add valueWord of Mouth, #1
Influencer in Business Purchasing Behavior