Social Media: Legal & Business Issues
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This is a 90 minute presentation on Social Media and current legal and business issues related to it.
![Social Media: Legal & Business Issues May 14, 2010 Jeff Johnson, Marsh, Inc. 3131 E Camelback Road, Suite 400, Phoenix, AZ 85016 602-337-6226 ~ [email_address] Arizona Society for Healthcare Risk Management Quarterly Meeting Casa Grande, AZ](https://image.slidesharecdn.com/socialmedia-jtj-5-14-10-100513134104-phpapp02/85/Social-Media-Legal-Business-Issues-1-320.jpg)
![[object Object],174 friends 2,600 followers 495, 174, 2,600 Social Media Revolution](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
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Social Media: Legal & Business Issues
- 1. Social Media: Legal & Business Issues May 14, 2010 Jeff Johnson, Marsh, Inc. 3131 E Camelback Road, Suite 400, Phoenix, AZ 85016 602-337-6226 ~ [email_address] Arizona Society for Healthcare Risk Management Quarterly Meeting Casa Grande, AZ
- 4. Web 2.0 & Social Media
- 5. Web 2.0 & Social Media Overwhelm WHY RIDE THE WAVE?
- 7. Collaboration Transparency Open Source Connection From Wikipedia: File:Web 2.0 Map.svg Sharing Communication
- 13. Weak Ties Have Strength
- 17. The Big Three: LinkedIn, FaceBook, Twitter Portions of this section were contributed by Sandra Masters
- 23. Twitter Facts Fascinating real-time insight into hot topics of the day Huge conversation on any topic imaginable
- 25. …the Ultimate Convergent Tool
- 27. Twitter spawns more applications: Twirl & Tweetdeck Twollow Tweetchat Power Twitter & Tweetie Tweetlater TwitPic TwitterBerry & Tiny Twitter Twitterfon & Twitterfic Your Twitter Karma My Tweeple TwitterFeed Twitterpacks Qwitter Tweetstalk Twitterati Twitterfall Website that explains and gives ratings to all these twitter apps: www.twittereye.com
- 31. Use of Social Media: Legal and Business Considerations Portions of this section were contributed by Melissa Krasnow, Dorsey & Whitney LLP
- 39. Social Website Dangers for Unwary Employers Portions of this section were contributed by Tamara E. Russell, Barran Liebman LLP
- 40. What if you saw these photos of an applicant on the internet?
- 44. Your employee posted a bad, bad thing on the internet, now what?
- 51. www.marsh.com The information contained in this presentation is based on sources we believe reliable, but we do not guarantee its accuracy. This information provides only a general overview of subjects covered, is not intended to be taken as advice regarding any individual situation or as legal, tax, or accounting advice and should not be relied upon as such. Recipients of this presentation / publication should consult their own insurance, legal, and other advisors regarding specific coverage and other issues.
Notes de l'éditeur
- Sandy Masters: The green circles are companies that were bought by other companies (e.g. Blogger bought by Google, etc.). The X’s are no longer in business. What is most interesting about the graphic is that when the graphic was made around 2006, the “Big 3” did not even make the list! Here is the complete graphic with proper attribution: http://www.flickr.com/photos/stabilo-boss/101793494/
- Highly interactive technology tools that leverage the human desire to interact with others Many to Many Used to be One to Many (email) Now: LinkedIn,FaceBook, Twitter, YouTube More efficient way to share info Free, easy, fun We become content producers Feeds creativity urge Competitive # connections, friends, followers New way for organizations to communicate with employees, patients, partners, and stakeholders Online communities that allow people to get information, opinions, solutions, and ratings directly from each other rather than from organizations Users spend more time on social media sites than email since February 2009 Facebook posted 69% / Twitter posted 45% increase in year-over-year gains in user activity Global traffic to social networking sites totaled 313,690 million visitors. The total minutes spent on social networks monthly saw a more than 100% increase over the same time last year, Average time per person spent on social networks to over 6 hours per month. 46% of American adult Internet users use a social media site like Facebook, LinkedIn or MySpace 65% of American teen Internet users use social media
- Managing a conversation Medical advice vs. medical information Engaging e-patients Equipped, enabled, empowered, and engaged in their health care decisions Provide feedback to healthcare provider Convergence with personal health records As the similarities between online patient communities (http://www.patientslikeme.com and http://curetogether.com) and PHRs begins to blur, will PHR information from providers be shared with online communities with the appropriate privacy settings so that the user can decide what to share? Health 2.0 User-generated aspects of Web2.0 within health care Not directly interacting with the mainstream health care system a) search, b) communities, c) tools for individual and group consumer use Social media for providers Few health care professionals see the value in social networking with other physicians, or they are not convinced that the benefits are worth the time. Although well over 90% of physicians use the Internet for continuing education, medical reference and e-mail with colleagues, taking theleap into online communities is less common. Article: Social Media in Health Care: Barriers and Future Trends
- Personal business network – job security – activate it when looking for new job or career change Reconnect – Paul Keeler Connect after network / meet someone – invite them to connect Connections / connections of connections Home page Vanity URL Profile page Who viewed your profile last
- Launched February 2004 More than 400 million active users 50% of active users log on to Facebook daily Average user has 130 friends People spend > 500 billion minutes/ month on FB Average user creates 70 pieces of content / month More than 25 billion pieces of content (web links, news stories, blog posts, notes, photo albums, etc.) shared each month. Users create profiles / photos / lists of personal interests / contact info / other personal information. Communicating through private or public messages or a chat feature. Users create / join interest groups and "like pages" “ Like” buttons spreading across internet User set their own privacy settings and choose who can see what parts of their profile. Need 25 fans to get vanity URL
- Demo JTJ FB Site: Started FB 2 years ago Old classmates, work friends Show Brett FB – garage door thread Show privacy settings Set up “rings” of security Vanity URL – go to “username” Chat O/s Friend requests – who do you accept?
- Get cell phone picof me in front of screen, Send MMS text to Twitpic: “Social Media presentaton at Azshrm” ADHD: Attention deficit hyperactivity disorder. ADHD is a problem with inattentiveness, over-activity, impulsivity, or a combination. For these problems to be diagnosed as ADHD, they must be out of the normal range for the child's age and development
- Giant conversation, access people’s thoughts on topics Show Home Show Profile – link to blog Show Followers – follow someone back Show Following Hash tags # - do search Twellow – show non-mutuals Background – discuss 1600x1200 size
- Make sure you give proper attribution for the content (e.g. Slide 32 – I believe the material comes from the IIABA – ACT Social Media Policy for Agencies.)
- Company policies Review existing company policies Are there controls and procedures for monitoring? Company agreements Antifraud provisions of the Securities Exchange Act of 1934 Regulation FD (Fair Disclosure) SEC Release on Use of Company Web Sites Rule 14a-17 Stock exchange requirements
- FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising Advertiser liability for False or unsubstantiated statements made through endorsements For failure to fully disclose material connection between them and the endorser that might materially affect the weight or credibility of the endorsement (e.g., advertiser providing endorser with free products, employee of advertiser, etc.) Endorser liability for statements made in the course of their endorsements (e.g., bloggers)
- Potential violation of state or federal discrimination laws Why? Because you’re “asking” questions that you wouldn’t otherwise ask during an interview. Are you basing your decision to hire, or not hire, someone based on what you see (even inadvertently)? Fair Credit Reporting Act? Violate terms of service of website? Federal Computer Fraud and Abuse Act? Federal Stored Communications Act? Common law privacy claims?
- Ask: Is the information I am going to learn a valid predictor of job performance? Consider modifying written authorizations for background checks to include reference to internet searches Consider researching after a conditional job offer is made If you find something negative, give the applicant time to correct or explain
- When employee’s comments are protected by law: Federal and state anti-discrimination laws, including wage and hour laws NLRA: Section 7 Protects employees’ right to form, join and assist labor organizations, engage in collective bargaining, and to engage in other concerted activities for mutual aid and protection Constitutional laws applicable to state/federal employees (1st and 4th Amendments) Other laws that may protect employee postings/blogging Electronic Communications Privacy Act of 1986 (18 USC § 2510 et seq.) State laws regarding “lifestyle statutes” (not OR or WA but “yes” in California)