Social Media and The Law: Your Friday “Must-Read” List

For your reference, recent updates and commentary at the intersection of social media and the law. From lawyers and law firms on JD Supra, you should know:

1.The Federal Trade Commission’s proposed revisions to the Children’s Online Privacy Protection Act Rule:

“The Federal Trade Commission has issued a rulemaking notice proposing to update its rules implementing the Children’s Online Privacy Protection Act to reflect changes in technology and online practices, primarily, the popularity of social networking and the use of smartphones to access the Internet and provide location information.” From FTC Proposes First Modifications to Children’s Online Privacy Protection Act (COPPA) Rules Since Original Adoption in 2000 by Davis Wright Tremaine LLP

2.The National Labor Relations Board continues to define social media activity as protected activity:

“The [administrative law judge] went on to hold that the employees’ Facebook comments amounted to concerted protected activity under the NLRA, and as such, their comments were shielded from discipline. The ALJ concluded that the terminations were therefore unlawful, and ordered the employees reinstated with back pay.” From First NLRB Administrative Law Judge Opinion On Employee NLRB ALJ Rules Employer Unlawfully Terminated Non-Union Employees for Comments Made on Facebook by Franczek Radelet P.C.

3.Net Neutrality:

“A key component of the new rules requires that all broadband Internet service providers (i.e., cable operators, LECs, satellite and wireless) ‘publicly disclose accurate information regarding the network management practices, performance and commercial terms’ of the service to help consumers to make informed choices and for ‘content, application, service and device providers to develop, market, and maintain Internet offerings.’ All broadband providers should begin developing these comprehensive disclosures immediately to ensure compliance as early as November when the rules could take effect.” From OMB-approved Net Neutrality Rules Become Effective Soon: Detailed Broadband Service Notices Required by Davis Wright Tremaine LLP


“’Securing cyberspace is one of the most important and urgent challenges of our time.’ With these words in May 2011, Senator Jay Rockefeller, the Chairman of the Senate Commerce, Science and Transportation Committee, and four other Senators, called upon the Chairman of the Securities and Exchange Commission, Mary Schapiro, to develop and publish interpretive guidance clarifying existing disclosure requirements relating to cybersecurity risk.” From The SEC Starts Talking About Cybersecurity by Jackson Walker

5.The structure, vulnerabilities, and potential risks of Social Media:

“Privacy and compliance officers tasked with preventing, investigating, mitigating and reporting data breaches need to do so in a concise and effective manner that takes into account the different technological structures of the many applications and services known broadly as ‘Social Media.’” From Social Media Technology – A Basic Resource (Presentation) by Ober | Kaley


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