Everything old is new again on social media. Human resources departments need to take a close look at their harassment and discrimination policies in relation to the use of social media. Tom Starner provides an in-depth look at these issues here.

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There may still be loopholes for private employers to institute social media policies that limit their employees’ right to freedom of speech. Koch Industries current social media policy raises a number of questions about what a private company can or can’t do legally. Brendan Fischer’s article “Koch Social Media Policy May Be Unlawful; Employers Still Have Broad Leeway to Limit Employee Speech” points out several disturbing developments.

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This is a subject that most people don’t want to contemplate, but it’s definitely something you should be thinking about. Who controls your posts on Facebook and Twitter after you die? As of right now, it is the social media site itself. The sites are the ones who set the policy, but a push for new federal regulations may change that. This could be an issue of particular concern when it comes to issues of intellectual property. What about any material that might be copyrighted? It’s not just a matter of personal information that may be stored online; there may also be valuable intellectual property stored there. ScienceDaily’s article “Federal Law Needed to Safeguard ‘Digital Afterlives’, Expert Argues” draws on the article “Facebook’s Afterlife” by Jason Mazzone.

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California’s new social media privacy law, which passed last month but is still pending signing into effect, may be a boon for employers and employees alike unless you look at the financial industry. The new law would help to protect individuals’ privacy and protect employers from liability. Matt Williams provides some insight into the benefits in his article “California Ramps Up Social Media Policy.” 

Dan Jameson provides insight into the potential pitfalls that the law could pose in the securities industry and other financial industries: “Privacy Laws Threaten Compliance.”

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First responders and law enforcement can find valuable and helpful information on social media. Information from social media can be used in conjunction with other sources of information to help gauge a situation before law enforcement or first responders are actually at the site. New tools are also allowing agencies to sift through the mountain of postings to identify social media posts that may indicate a threat to an individual or society at large. As always, the interest from these “agencies” raises questions of free speech and privacy. Dale Peet’s article “Social Media Analytics Can Aid Law Enforcement, First Responders In Civil Unrest, Disasters, Investigations” provides a thorough look at the benefits to such agencies in maintaining an active role in social media.

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In a global environment, social media sites must be aware of differing standards and laws among their many users. The line between hate speech and free speech is rarely clear, and social media sites try to clarify their own stance through their own terms of use and guidelines. Somini Sengupta examines the issue in “On Web, a Fine Line on Free Speech Across the Globe.”

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Law firms can use social media to gain client insight, to maintain competitive analysis, to gauge their own online presence, and to gain insight into trends and changes in practice and industry. Client and competitive information are the focus of larger firms while smaller firms and sole practitioners tend to focus on information about the practice of law. The wealth of information available makes the use of listening platforms particularly helpful for law firms. Mark Hinkle explains how “Listening Platforms Provide Competitive Intelligence for Law Firms.”

 

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In a follow up to Wednesday’s post, Twitter has complied with a Manhattan Judge’s order to hand over a user’s tweets or fact a contempt of court charge. However, the tweets will remain sealed pending an appeal. Read Don Reisenger’s article “Twitter Hands Over Occupy Protestor’s Tweets” for more information.

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As the school year really starts to heat up in law schools across the country, here’s an article that recommends one more subject: embracing social media. Menachem Wecker’s article, “Law Students Should Embrace Social Media, Study Suggests, ” outlines the reasons that law students should be plugged in. Students should be using social media platforms to control their online professional reputation and be prepared to build client relationships through them. Law schools themselves may be slower to embrace these practices.

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Thinking about applying to law school? Social media can help or hurt your chances of getting in. Shawn P. O’Connor provides some useful tips in “Use Social Media to Get Into Law School.”

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