Webinar presented via Technology Association of Georgia focused on Technology, Social Media, & Law

1. Geeks, Tweets, & The Law TAG Webinar 2011 Deborah Gonzalez, Esq.

2. Overview Welcome and Introduction The Technical of Social Media The Legal of the Tech: Social Media Platforms Employment/IP Mobile Applications Search Engine Optimization Cloud Computing Contracts/Liability Q&A

3. Introduction Deborah Gonzalez, Esq. Founder of Law2sm, LLC New legal consulting firm focused on helping its clients navigate the legal issues relating to the new digital and social media world.

4. The Technical of Social Media Hardware – invention/patents (ex. Smartphones) Software – development/copyrights/trademarks (ex. Mobile applications) Peopleware - vendors/developers/clients

5. Social Media Platforms Social communication platform Interactive, two-way communication Facebook, Twitter, FourSquare, LinkedIn, etc. How many are you on?

6. Social Media Platforms Employment Issues Hiring/firing Social Media Policies/Training Access to Social Media via Company Company vs. personal time Freedom of Speech Defamation/Reputation

7. Social Media Platforms Intellectual Property Patents Smartphone Patent Battle – Apple vs. Samsung (Patent & TM Infringement over phone & tablet) Patent auction – Nortel Patents $4.5 billion bid (July 2011 Apple/MS)

8. Social Media Platforms Intellectual Property Copyrights Infringement vs. fair use Creative Commons License Trademarks Facebook vs. Lamebook

9. Mobile Apps App Name – Branding/TM Due Diligence – Competitive Research Functionality & Claims

10. Mobile Apps Case Study 1: Health Care Apps “Mobile heath care technology is out pacing FDA regulations” Who will be liable? (WebMD disclaimer) “This tool does not provide medical advice. It is intended for informational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment.”

11. Mobile Apps Case Study 1: Health Care Apps Global Concern Health standards different in other countries Health Privacy Laws 1974 The National Research Act 1998 Health Insurance Portability & Accountability Act (HIPAA)

12. Mobile Apps Case Study 2: Higher Ed & Accessibility American Disabilities Act * 1974 Family Educational Rights and Privacy Act (FERPA)

13. Mobile Apps Case Study 3: Privacy A person's right to control access to his or her personal information. http://www.duhaime.org/LegalDictionary/P/Privacy.aspx Invasion of Privacy: encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information.

15. As much as you give them

16. Browsing behavior (patterns/history sniffing)

17. User preferences

18. User credentials

19. User location (geolocation, 4Sqaure)

20. How is that information collected?

22. Privacy Spokeo.com – Enter a name and out comes: name, age, address, email addresses, gender, photos, videos, hobbies, economic health, estimated wealth, review of 86 social media sites, blog posts, family household make up, property details, maps, estimated value of property, politics, religion, education and occupation, family tree and neighborhood information.

23. Privacy Geotagging Hallmark of cybercasing routine process of embedding digital photos with time and location information. camera phones have geotagging enabled by default

24. Cloud Computing Software Licensing Service Level Agreements * Intellectual Property/Trade Secrets Privacy**/Data Security (access/authentication/encryption/ privileged data) * Termination/Suspension of Accounts ** Electronic Privacy Information Center/FTC Complaint about Google’s cloud computing services (bk in 2009)

25. Cloud Computing Compliance w/Federal & State Laws Jurisdiction – Location – where is your data? Whose law governs where your data is stored? Third party access Subpoenas E-discovery Accountability is the issue.

26. Search Engine Optimization What is SEO? Roger Cleveland Golf Company vs. Price, SC, 2010

27. Search Engine Optimization

28. Contracts/Liability Who are you? Vendor, Developer, Client Developer vs. Programmer Employee or Work for Hire Independent Contractor Crowdsourcing

29. Contracts/Liability Crowdsourcing To outsource work to an unspecified group of people, typically by making an appeal to the general public on the internet

30. Contracts/Liability What are you doing? Blogging “Expert” Links Astroturfing

31. Contracts/Liability What are you doing? Programming Deliver what you promise/deliver what you agreed to in the contract

32. Contracts/Liability What are you doing? Programming Because you can, should you? Video Glasses Stream Everything you Do to Social Media Sites Mashable.com June, 2011

33. Contracts/Liability What are you doing? Programming Security Flaw Liability – Malware No malicious code Failure to notice malware during testing Failure to notice malware during release process Sloppy testing/abbreviated analysis

34. Questions for Geeks to Ask What am I developing? Who am I developing for? What is the relationship? (Employee or work for hire?) Is there a contract? Who owns the intellectual property rights of the app?

35. Questions for Geeks to Ask What industry am I developing for? Will the app collect data? What kind? Is it restricted data? What will be my liability as a programmer? Is there an indemnity clause in the contract? Who do I ask if I have a concern?

36. Q&A Email: deborah@law2sm.com Twitter: law2smdeborah