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Navigating social media legal risks : safeguarding your business / Robert McHale with Eric Garulay.

By: McHale, Robert.
Contributor(s): Garulay, Eric.
Material type: materialTypeLabelBookPublisher: Indianapolis, Ind. : Que, c2012Description: ix, 301 p. : ill. ; 23 cm.Content type: text Media type: unmediated Carrier type: volumeISBN: 9780789749536; 078974953X.Other title: Safeguarding your business.Subject(s): Internet -- Law and legislation -- United States | Social media -- Law and legislation -- United States | Electronic commerce -- Law and legislation -- United States | Media studies | E-commerce law | Sales & marketing | Business and ManagementDDC classification: 343.09944 MCH
Contents:
Social media promotion law: contests and sweepstakes -- Online endorsements and testimonials: what companies and their employees can and cannot tweet, blog, or say -- The [mis]use of social media in pre-employment screening -- Monitoring, regulating, and disciplining employees using social media -- Social media in litigation and e-discovery -- Managing the legal risks of user-generated content -- The law of social advertising -- Trademark protections from brandjacking and cybersquatting in social networks -- Balancing gamification legal risks and business opportunities -- Social media's effect on privacy and security compliance -- Legal guidelines for developing social media policies and governance models -- Looking ahead at social media business opportunities, expectations, and challenges.
Summary: This plain-English business guide to avoiding social media legal risks and liabilities is for anyone using social media for business. The book provides business professionals with strategies for navigating the unique legal risks arising from social, mobile, and online media.
Holdings
Item type Current library Call number Status Barcode
General lending MTU Kerry North Campus Library First Floor Main 343.09944 MCH (Browse shelf(Opens below)) Available 38888000879274
General lending MTU Kerry North Campus Library First Floor Main 343.09944 MCH (Browse shelf(Opens below)) Available 38888000878128
Total holds: 0

Enhanced descriptions from Syndetics:

The plain-English business guide to avoiding social media legal risks and liabilities--for anyone using social media for business--written specifically for non-attorneys!

You already know social media can help you find customers, strengthen relationships, and build your reputation, but if you are not careful, it also can expose your company to expensive legal issues and regulatory scrutiny. This insightful, first-of-its-kind book provides business professionals with strategies for navigating the unique legal risks arising from social, mobile, and online media. Distilling his knowledge into a 100% practical guide specifically for non-lawyers, author and seasoned business attorney, Robert McHale, steps out of the courtroom to review today's U.S. laws related to social media and alert businesses to the common (and sometimes hidden) pitfalls to avoid. Best of all, McHale offers practical, actionable solutions, preventative measures, and valuable tips on shielding your business from social media legal exposures associated with employment screening, promotions, endorsements, user-generated content, trademarks, copyrights, privacy, security, defamation, and more...

You'll Learn How To

* Craft legally compliant social media promotions, contests, sweepstakes, and advertising campaigns

* Write effective social media policies and implement best practices for governance

* Ensure the security of sensitive company and customer information

* Properly monitor and regulate the way your employees use social media

* Avoid high-profile social media mishaps that can instantly damage reputation, brand equity, and goodwill, and create massive potential liability

* Avoid unintentional employment and labor law violations in the use of social media in pre-employment screening

* Manage legal issues associated with game-based marketing, "virtual currencies," and hyper-targeting

* Manage the legal risks of user-generated content (UGC)

* Protect your trademarks online, and overcome brandjacking and cybersquatting

* Understand the e-discovery implications of social media in lawsuits

Formerly CIP. Uk

Includes bibliographical references and index.

Social media promotion law: contests and sweepstakes -- Online endorsements and testimonials: what companies and their employees can and cannot tweet, blog, or say -- The [mis]use of social media in pre-employment screening -- Monitoring, regulating, and disciplining employees using social media -- Social media in litigation and e-discovery -- Managing the legal risks of user-generated content -- The law of social advertising -- Trademark protections from brandjacking and cybersquatting in social networks -- Balancing gamification legal risks and business opportunities -- Social media's effect on privacy and security compliance -- Legal guidelines for developing social media policies and governance models -- Looking ahead at social media business opportunities, expectations, and challenges.

This plain-English business guide to avoiding social media legal risks and liabilities is for anyone using social media for business. The book provides business professionals with strategies for navigating the unique legal risks arising from social, mobile, and online media.

Table of contents provided by Syndetics

  • Introduction (p. 1)
  • How This Book Is Organized (p. 3)
  • Chapter 1 Social Media Promotion Law: Contests and Sweepstakes (p. 3)
  • Chapter 2 Online Endorsements and Testimonials: What Companies and Their Employees Can and Cannot Tweet, Blog, or Say (p. 4)
  • Chapter 3 The [Mis]Use of Social Media in Pre-Employment Screening (p. 4)
  • Chapter 4 Monitoring, Regulating, and Disciplining Employees Using Social Media (p. 4)
  • Chapter 5 Social Media in Litigation and E-Discovery: Risks and Rewards (p. 5)
  • Chapter 6 Managing the Legal Risks of User-Generated Content.! (p. 6)
  • Chapter 7 The Law of Social Advertising (p. 6)
  • Chapter 8 Trademark Protections from Brandjacking and Cybersquatting in Social Networks (p. 8)
  • Chapter 9 Balancing Gamification Legal Risks and Business Opportunities (p. 8)
  • Chapter 10 Social Media's Effect on Privacy and Security Compliance (p. 9)
  • Chapter 11 Legal Guidelines for Developing Social Media Policies and Governance Models (p. 9)
  • Chapter 12 Looking Ahead at Social Media Business Opportunities, Expectations, and Challenges (p. 9)
  • Who Should Use This Book? (p. 10)
  • Features of This Book (p. 11)
  • A Quick Note about U.S. Legal System (p. 11)
  • Legal Disclaimer (p. 12)
  • 1 Social Media Promotion Law: Contests and Sweepstakes (p. 13)
  • Online Promotions (p. 14)
  • Sweepstakes Laws (p. 15)
  • Contest Laws (p. 17)
  • Lottery Laws (p. 19)
  • Potential Legal Issues Associated With Public Voting (p. 21)
  • Keeping Social Media Promotional Campaigns Legal (p. 23)
  • Online Promotions Outside the United States (p. 25)
  • Sweepstakes Versus Illegal Online Gambling (p. 25)
  • Platform-Specific Guidelines (p. 26)
  • LinkedIn (p. 26)
  • Google+ (p. 26)
  • Twitter (p. 26)
  • Facebook (p. 27)
  • 2 Online Endorsements and Testimonials: What Companies and Their Employees Can and Cannot Tweet, Blog, or Say (p. 35)
  • Fundamental Principles of Endorsements and Testimonials (p. 37)
  • Endorsement or Not? (p. 37)
  • Determining Liability (p. 40)
  • Making Necessary Disclosures (p. 41)
  • Hyperlinked Disclosures (p. 43)
  • General Rules for Disclosures (p. 44)
  • Disclosures in Social Media (p. 46)
  • Lessons Learned from FTC Investigative and Enforcement Actions (p. 47)
  • 3 The [Mis]Use of Social Media in Pre-Employment Screening (p. 53)
  • The Fair Credit Reporting Act (p. 56)
  • Real-World Examples (p. 59)
  • FTC v. Social Intelligence Corp (p. 59)
  • FTC v. the Marketers of 6 Mobile Background Screening Apps (p. 61)
  • Robins v. Spokeo, Inc (p. 62)
  • 4 Monitoring, Regulating, and Disciplining Employees Using Social Media (p. 67)
  • Employee Monitoring (p. 68)
  • Employer Regulation (p. 73)
  • Employee Discipline for Social Media Use (p. 74)
  • Ambulance Service Provider (p. 75)
  • Chicago Luxury Car Dealer (p. 76)
  • Advice Memoranda (p. 77)
  • Lawfully Disciplining Employees (p. 80)
  • 5 Social Media in Litigation and E-Discovery: Risks and Rewards (p. 89)
  • E-Discovery of Social Media (p. 90)
  • The Stored Communications Act (p. 93)
  • Authenticating Social Networking Site Evidence at Trial (p. 97)
  • 6 Managing the Legal Risks of User-Generated Content (p. 103)
  • Copyright in the Age of Social Media (p. 104)
  • Direct Infringement (p. 106)
  • Contributory Infringement (p. 107)
  • Vicarious Infringement (p. 107)
  • Digital Millennium Copyright Act (p. 107)
  • Defamation, Invasion of Privacy, and CDA Immunity (p. 113)
  • Limitations of CDA Immunity (p. 117)
  • 7 The Law of Social Advertising (p. 125)
  • The FTC Act (p. 127)
  • Best Practices for Social Media Advertising (p. 128)
  • Section 43(a) of the Lanham Act (p. 129)
  • The CAN-SPAM Act of 2003 (p. 134)
  • The Children's Online Privacy Protection Act (COPPA) (p. 137)
  • COPPA Enforcement (p. 139)
  • Proposed Changes to COPPA (p. 141)
  • Summation (p. 145)
  • 8 Trademark Protections from Brandjacking and Cybersquatting in Social Networks (p. 151)
  • Notable Cases of Brandjacking and Cybersquatting (p. 152)
  • Trademark Infringement Under the Lanham Act (p. 156)
  • The Anticybersquatting Consumer Protection Act (ACRA) (p. 161)
  • Post-Domain Path Names and the ACPA (p. 164)
  • Platform-Specific Trademark Enforcement Mechanisms (p. 166)
  • Twitter Policies (p. 166)
  • LinkedIn Policies (p. 167)
  • Facebook Policies (p. 167)
  • Uniform Domain Name Dispute Resolution (p. 169)
  • 9 Balancing Gamification Legal Risks and Business Opportunities (p. 175)
  • Unfair and Deceptive Marketing Practices (p. 177)
  • FTC Guidelines on Endorsements (p. 181)
  • Legal Status of Virtual Goods (p. 182)
  • The Credit CARD Act of 2009 (p. 186)
  • Other Little-Known Laws Relating to Virtual Currencies (p. 188)
  • Location-Based Services (p. 189)
  • Designing a Precise Geolocation Data Security Plan (p. 191)
  • 10 Social Media's Effect on Privacy and Security Compliance (p. 197)
  • Privacy Compliance (p. 199)
  • Security Compliance (p. 202)
  • 11 Legal Guidelines for Developing Social Media Policies and Governance Models (p. 209)
  • Vital Corporate Social Media Policy Provisions (p. 210)
  • Recommended Social Media Marketing Policies (p. 217)
  • 12 Looking Ahead at Social Media Business Opportunities, Expectations, and Challenges (p. 221)
  • A Table of Legal Authorities (p. 225)
  • Federal Statutes and Regulations (p. 225)
  • Case Law (p. 226)
  • Miscellaneous (p. 231)
  • B The Federal Trade Commission Act of 1914 (p. 233)
  • (15 U.S.C. §§ 41-58) (as amended) (p. 233)
  • C The Lanham Act-Section 43(a) (p. 235)
  • (15 U.S.C. §§ 1114(1) and 1125(a)) (p. 235)
  • D The Anticybersquatting Consumer Protection Act (ACPA) (p. 237)
  • (15 U.S.C. § 1125(d) - Section 43(d) of Lanham Act) (p. 237)
  • E Fair Credit Reporting Act (FCRA) (p. 239)
  • 15 U.S.C. § 1681 et seq.) (p. 239)
  • F Electronic Funds Transfer Act (EFTA) (p. 245)
  • (15 U.S.C. §1693 et seq.) (p. 245)
  • G Children's Online Privacy Protection Rule (p. 249)
  • (Title 16 C.F.R. 312) (p. 249)
  • H FTC's Revised Guides Concerning Use of Endorsements and Testimonials in Advertising (p. 255)
  • (16 C.F.R. Part 255) (p. 255)
  • I Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 (p. 259)
  • (15 U.S.C. § 7701 et seq.) (p. 259)
  • J The Copyright Act (p. 263)
  • (17 U.S.C. §101 et seq.) (p. 263)
  • K Online Copyright Infringement Liability Limitation Act (OCILLA) (p. 265)
  • (17 U.S.C. § 512) (p. 265)
  • L Computer Fraud and Abuse Act (p. 269)
  • (18 U.S.C. § 1030) (p. 269)
  • M Electronic Communications Privacy Act (p. 273)
  • (18 U.S.C. § 2701 et seq.) (Including the Stored Communications Act [SCA]) (p. 273)
  • N National Labor Relations Act (p. 277)
  • (Pub.L. 74-198, 49 Stat. 449, 29 U.S.C. §§ 151-169) (as amended) (p. 277)
  • O The Unlawful Internet Gambling Enforcement Act of 2006 (p. 279)
  • (31 U.S.C. §§ 5361-5366) (p. 279)
  • P Communications Decency Act (CDA) of 1996 (p. 283)
  • (47 U.S.C. § 230) (p. 283)
  • Index (p. 285)

Author notes provided by Syndetics

Robert McHale, Esq. is the founding member of R | McHale Law, a full-service law firm whose corporate practice represents clients on a wide variety of Hand IP law matters, including privacy/data security, trademark, copyright, trade secrets, technology licensing, and other proprietary protections. His areas of focus include corporate law, business litigation, computer software, web/mobile applications, new media, and Internet and e-commerce technology.
Eric Garulay is digital marketing manager at Pearson, the world's largest educational publisher. He is a digital marketing and social media strategist, and founder and executive producer of the OnPodcast Video Network.
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