Social Media and the Law – Your Friday Reading List

For your reference, a reading list of legal updates and commentary at the intersection of social media and the law published this week on JD Supra. You should know:

What General Counsel Need to Know About Protecting Their Company’s Trademarks on Social Media Sites Such as Facebook, Twitter, YouTube & Others (Dinsmore & Shohl LLP):

Excellent, 50-slide presentation by Dinsmore & Shohl IP attorney April Besl. Includes a look at the legal issues surrounding brand infringement, employee social media activity, corporate policies, take down procedures, and much more… View slides»

Google Street View Litigation Goes Forward (Loeb & Loeb LLP):

“At issue in the Court’s consideration of Google’s motion was the meaning of the phrase ‘readily accessible to the general public’ in an exemption for radio communications under the Wiretap Act. Google argued that it was not liable for the alleged federal wiretapping violations since the Wi-Fi broadcasts were unencrypted, and because their actions fell under the statutory exemption for radio communications. After examining the language of the statute and the legislative intent, the Court held that the wireless networks did not fall under the narrow statutory definition of ‘radio communications’…” Read On»

Facebook Profile Subject to Discovery (Katten):

“…the court found that much of the information was irrelevant, but that postings suggesting that plaintiff engaged in certain activities subsequent to the car accident were discoverable. Specifically, the court found that various postings showing the plaintiff had taken post-accident motorcycle rides, mule rides and hunting trips were relevant and discoverable in light of plaintiff’s impaired mobility claims…” Read on»

Company Use of Social Media Best Practices: Checklist (Practical Law Company):

Excellent 5-page, best-practices checklist; a must-have document in your collection as you build a corporate social media policy. Covers: privacy, employee activities, user-generated content, role of management, reasonable restrictions, background checks, considerations for publicly traded companies, and much more… Read on»

Social Networking Policies For School Employees (Fisher & Phillips LLP):

“…we recommend that schools prohibit teachers from connecting with students on social networking sites, such as Facebook. Faculty and staff should be instructed to decline any ‘friend’ or connection invitations they receive from students. Likewise, faculty or staff who use Twitter might be instructed to change from Twitter’s default settings, making their tweets accessible only to viewers who request permission from the user to ‘follow’ that user.” Read on»

Six Strikes and You’re Out – ISP’s Join the Fight Against Online Copyright Infringement (Cyrus Wadia):

“The system will be administered by a new “Center for Copyright Information”, which is a joint effort of the ISPs (AT&T, Cablevision Systems Corp., Comcast Corp., Time Warner Cable, and Verizon), Motion Picture Association of America and its members, the Independent Film and Television Alliance, the Recording Industry Association of America and its member companies, and the American Association of Independent Music…” Read on»

EPIC Urges Congress to Reject Data Retention Plan (Electronic Privacy Information Center):

“In testimony before the House Judiciary Committee, EPIC President Marc Rotenberg said that a proposal to retain identifying information on Internet users would put at risk “99.9% of Internet users.” H.R. 1981, a bill to address concerns about children pornography, would require Internet Service Providers to store temporarily assigned IP addresses for future government use. And the bill would create a new immunity so that ISPs would not be liable if problems resulted. EPIC also pointed out with the increased risk of data breaches and identity theft, best practices now follow data minimization rather than data retention…” Read on»

Massachusetts Securities Division Releases Report on Investment Advisers’ Use of Social Media; New Regulations Anticipated (Foley Hoag LLP)

“On July 6, 2011, the Securities Division of The Office of the Secretary of the Commonwealth (the “Securities Division”) released a report on the results of a social media survey it previously sent to Massachusetts-registered investment advisers. … The results indicate an increased use of social media by investment advisers which is consistent with the general public’s growing social media activity. The survey results also suggested that some advisers do not have policies relating to the retention or supervision of social media content, are not retaining social media content, and do not supervise the use of social media content.” Read on»


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