Can a tweet really violate up to 17 privacy laws and over 88 state laws? Yes and more...

1. Social Media: Law and PrivacyUGA, June 2011 Deborah Gonzalez, Esq. Founder, Law2sm, LLC deborah@law2sm.com

2. Forgive Me Father, for I Have Linked Our Father, who art in pixels, Linked be Thy name, Thy Web site come, Thy Net be done, On Explorer as it is on Firefox. Give us this day our daily app, And forgive us our spam, As we forgive those Who spam against us, And lead us not into aggregation, But deliver us from e-vil. Amen. NY Times: Maureen Dowd, February 8, 2011

3. Funnies… Social Media Examiner.com

4. Funnies…

5. Funnies…

6. What is Privacy? What if You Asked what Facebook Asks?

7. What is Privacy? Definitions – Do you know what privacy is? A person's right to control access to his or her personal information. http://www.duhaime.org/LegalDictionary/P/Privacy.aspx

8. What is Privacy? Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information http://definitions.uslegal.com/i/invasion-of-privacy/

9. Privacy Issues in Social Media If you put it out there on social media consider it public. What happens in Vegas stays on Facebook (because we put it there or whoever was with us did).

11. As much as you give them

12. Browsing behavior (patterns/history sniffing)

13. User preferences

14. User credentials

15. User location (geolocation, 4Sqaure)

16. How is that information collected?

18. Privacy Issues in Social Media How is the information used? Customer service, marketing, legal evidence, employment issues, training Facebook – “Like” Button; Facial Recognition

19. Privacy Issues in Social Media Terms of Use of Social Media Platforms (and Privacy) Facebook (settings) Twitter LinkedIn Flash cookies

20. Example: Privacy Acts Violated by a Wrong Tweet Over 17 Federal Privacy Laws Health Privacy Laws (2) Financial Privacy Laws (5) Online Privacy Laws (2) Communications Privacy Laws (4) Education Privacy Laws (1) Information Privacy Laws (1) Other Federal Laws (2) +

21. Example: Privacy Acts Violated by a Wrong Tweet State Laws – CA alone 88 privacy laws! Publicity Laws – First recognized in Georgia! Defamation Laws – Libel Public vs. Private Persona Famous vs. Notorious Newsworthy

22. Example: Privacy Acts Violated by a Wrong Tweet Health Privacy Laws 1974 The National Research Act 1998 Health Insurance Portability & Accountability Act (HIPAA)

23. Example: Privacy Acts Violated by a Wrong Tweet Financial Privacy Laws 1970 Bank Secrecy Act 1998 Federal Trade Commission – SEC 1999 Graham-Leach-Bliley Act (GLB) 2000 Sarbanes-Oxley Act (SOX) 2003 Fair and Accurate Credit Transactions Act

24. Example: Privacy Acts Violated by a Wrong Tweet Online Privacy Laws 1986 Electronic Communications Privacy Act (ECPa), pen registers 1988 Stored Communications Act (SCA)

25. Example: Privacy Acts Violated by a Wrong Tweet Communication Privacy Laws 1975 Foreign Intelligence Surveillance Act (FISA) 1984 Cable Communications Policy Act 1986 Electronic Communications Privacy Act (ECPA) 1994 Digital Telephony Act – Communications Assistance for Law Enforcement Act (CALEA), 18 USC 2510-2522

26. Example: Privacy Acts Violated by a Wrong Tweet Education Privacy Laws 1974 Family Educational Rights and Privacy Act (FERPA) Information Privacy Laws 2001 USA Patriot Act, expanded pen registers

27. Example: Privacy Acts Violated by a Wrong Tweet Other 1974 Privacy Act 2005 Privacy Act, sale of online PII data for marketing

28. Example: Privacy Acts Violated by a Wrong Tweet Proposed 2011 Commercial Privacy Bill of Rights Act Senators John Kerry (D-MA) and John McCain (R-AZ) For companies that collect, use, transfer or store personal information of more than 5,000 individuals during any consecutive 12-month period. Implement a comprehensive information privacy program. Reduce data collection to what is “reasonably necessary” for a limited set of functions. Opt-in consent for health records or religious affiliation

29. Example: Privacy Acts Violated by a Wrong Tweet Proposed 2011 Consumer Privacy Protection Act Representatives Cliff Stearns (R-FL) and Jim Matheson (D-UT)

30. Q&A ???