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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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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Ever wonder what makes a social media lawyer different from any other lawyer? “What the Heck Does a Social Media Lawyer Do Anyway?” gives a thorough overview to the major issues that a social media lawyer might be involved in. It’s not surprising that in a fast-paced and ever changing environment like social media, a social media lawyer can expect a great deal of variety to come their way.

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Not everyone is obsessed with social media, and in fact, some attorneys may not be interested in it at all. Older attorneys, in particular, may not embrace this new phenomenon, but it is becoming increasingly important in almost every facet of practice from maintaining client relationships to evidence in court. Andrew Lu provides “An Older Attorney’s Guide to Ethical Social Networking” that is useful for attorneys of any age.

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California is poised to pass SB1349 which would make it illegal for colleges or universities to demand students reveal their social media passwords. Lori Pruitt’s article “Law Would Ban College From Getting Social Media Passwords” looks at this timely back-to-school issue.

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Because Facebook is a US based company, other countries have had difficulty in applying their own laws to disputes over content posted on the social media site. A recent controversy over The Aboriginal Memes Facebook page saw the Australian poster using US free speech protections to avoid Australian anti-discrimination laws. For the full story, read Rod McGuirk’s article “Facebook Pressured to Remove Page Deemed Racist.”

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A recent case concerned the use of an engagement photo. Public Advocate defended its unauthorized use of the photo as parody. The owner of the photo responded through a common law right of publicity claim. Marie-Andree Weiss’ article “When Your Engagement Photo Becomes a Political Ad: Parody and Right of Publicity” looks at the issues in depth.

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Here are two articles that look at who may be responsible for your Facebook posts. Katie Anderson’s article, “Fishing On Facebook May Put Employers ‘On the Hook'”, explores the legal ramifications of employers sifting through employees’ Facebook accounts. Hayes Hunt and Jillian R. Thornton’s article “Facebook and Twitter Subpoenas, Privacy and The Law”, takes another look at who controls the “private” information you post and tweet. Issues of control and privacy are continuing to evolve, and it’s increasingly important to keep abreast of how courts may be evolving in their responses.

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A seemingly innocent post on Facebook blowing off a little steam which you may think is just being seen by your friends could land you in hot water. While context and privacy settings will ultimately be considered, you could find yourself in court before that happens if someone takes an idle post more seriously than you mean it. Robert Hilson looks at the issue in his article “Posting Idle Facebook Threats May Land Social Media Users in Law Enforcement Crosshairs.”

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