For your reference, a reading list of recent legal updates and articles posted on JD Supra covering the broad topic of online privacy, especially as it applies to social networking:
- Judge: Privacy on Social Networking Sites is "Wishful Thinking" (by Sands Anderson PC):
"A Suffolk County, New York trial judge recently ruled that the private areas of a plaintiff's Facebook and MySpace profiles could be discovered by the defendants in her personal injury suit to prove she wasn't injured as badly as she claimed..."
- Are Facebook's Woes a Preview of Things to Come for Amazon? (by Poyner Spruill LLP):
"...Facebook faces a user's lawsuit claiming breach of contract due to its actions. The theory goes like this: Facebook promised users in its website privacy policy that it would never share their personal information with advertisers unless the user first consented. In spite of that promise, Facebook sent personal information to advertisers without consent in the manner described above..."
- Socially Aware: The Social Media Law Update - October 2010 (by Morrison & Foerster):
"In This Issue: Facebook Sued for Unauthorized Use of Minors' Names and Likenesses; YouTube Faces Damages and Injunction in Germany for Infringing User Uploads; California Criminalizes Malicious Online Impersonation; Discovery of Communications Through Social Media Sites; and, The New Frontier of Employee Avatar Appearance Codes..."
- Is It Permissible for a Lawyer to Befriend a Witness on Facebook In Order to Gather Information for a Lawsuit? (by Nick Akerman, Dorsy & Whitney LLP):
"On September 10, 2010, the New York State Bar Association, Committee on Professional Ethics, followed the March 2009 opinion of the Philadelphia Professional Guidance Committee in ruling that it is improper for a lawyer to befriend an adverse witness on Facebook for the purpose of obtaining potential impeachment material to use at a deposition..."
- California Court Permits Company to Subpoena Yahoo, Google and ISPs to Identify Anonymous Computer Hacker (by Nick Akerman):
"With criminals hiding behind the anonymity provided by the Internet this case has widespread application to companies willing to take aggressive action to protect their data and provides an excellent blueprint for going after anonymous computer hackers..."
- NY Lawyers Allowed to Friend Adversaries on Facebook (by Daniel Clement):
"New ethical opinions by the New York State Bar Association and the New York City Bar Association permit lawyers to scour the public pages Facebook, Twitter and other social networks for incriminating evidence to be used against an opposing party in a lawsuit..."
- Social Media and the Implications for E-Discovery (by Shireen Ali):
"Courts are being called upon to consider for the first time, whether statements, commentary and postings made by employees on social networks such as Facebook and Twitter, are discoverable. Statements made in instant messages (IM's), group discussion boards, forums, and conceivably skype and the new google chat, are open for legal debate in the courts. And 'data' extends to that kept by employees on mobile devices such as blackberries, iphones, ipads, laptops and the new generation of tablets currently hitting the markets..."
- Costly Contradictions of "Online Privacy" (by Collins & Collins PC):
"FISA, the Foreign Intelligence Surveillance Act of 1978, was originally passed to allow surveillance of communications between foreign powers, foreign intelligence agencies, and their agents. Since 911, FISA has been greatly expanded through various amendments including the Patriot Act. The expansion of FISA allows virtually unfettered governmental monitoring of online and telephone communications of American citizens..."
- Legal Aspects of Social Networking and Online Media Platforms (by Venable LLP):
Slide presentation from a recent seminar by law firm Venable LLP, covering legal aspects of social networking, including privacy, employee conduct, and how to create and implement a social media policy in the workplace...
- City of Ontario v. Quon - Supreme Court Decision in Quon (by Doug Cornelius):
"The search of the police officer's text messages was reasonable, and therefore the officer's Fourth Amendment rights were not violated. 'Even if Quon had a reasonable expectation of privacy in his text messages, petitioners did not necessarily violate the Fourth Amendment by obtaining and reviewing the transcripts.'..."
- Employer Access to Employee Text Message and Social Media Communications (by David Ganje):
"...review of several courts' analysis in dealing with the conflict between constitutional privacy concerns and employer's right to access employee text messages and social media (Facebook, Twitter, Myspace) communications."
- Online Privacy Considerations (And Outrages) for Lawyers to Ponder (by Rocket Matter LLC):
"Apparently, users willingly accept the wholesale collection of their personal Facebook information in return for the almost irresistible allure of growing virtual carrots. These companies, in violation of Facebook code, were sharing user identifiers with other companies. Remember, it's Facebook's profile on you, not your profile on Facebook..."
- Online and Email Risks at Work (by Helen Peach):
A checklist for employees: "...highlights the risks that your business and its employees should be aware of when using the Internet and e-mail at work, sending work-related e-mails or discussing the workplace on the Internet."
- Best Practices Regarding Employee Computer Use (by Danford Grant, Stafford Frey Cooper):
Twenty page guidebook: "Companies have compelling reasons to protect private and confidential information. Securing business information preserves trade secrets and other intangible assets, and protecting customer information creates trust and brand loyalty, reduces litigation, and prevents liability. Controlling the flow of information presents one of today's greatest challenges for businesses. Email, peer-to-peer (P2P) file sharing programs, unauthorized software downloads, and even the use of home computers and web-based email..."
- EPIC Testifies in Congress on Cybersecurity and Privacy (by Electronic Privacy Information Center):
"In his prepared statement, Mr. Rotenberg discussed 'the risks and limitations of a mandatory Internet ID that may be favored by some as a way to address the risk of cyber attack.' He explained how such a proposal would implicate human rights and online freedom, and questioned the constitutionality of such a measure. EPIC recommended that efforts continue to focus on improving security standards, deploying encryption, and requiring federal agencies to remain transparent as they develop cyber security policies..."
- From the archive: Comparison of Facebook Privacy Policy versions - April 2010 v Nov 2009 (by William Carleton):
"Redline comparison to show differences between Facebook's posted privacy policy, dated April 22, 2010, as against a prior version dated November 19, 2009..."
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The tip of the iceberg. Stay in touch via JD Supra's legal feeds for additional posts on this topic:
Facebook: Tech Law - Is That Legal? - Consumer Protection
Twitter: @Tech_Law - @ConsumerLaw
LinkedIn: Science & Tech Law - Privacy Law - Consumer Protection
JD Supra: Science & Tech Law - Personal Rights - Consumer Protection
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- Judge: Privacy on Social Networking Sites is "Wishful Thinking" (by Sands Anderson PC):
"A Suffolk County, New York trial judge recently ruled that the private areas of a plaintiff's Facebook and MySpace profiles could be discovered by the defendants in her personal injury suit to prove she wasn't injured as badly as she claimed..."
- Are Facebook's Woes a Preview of Things to Come for Amazon? (by Poyner Spruill LLP):
"...Facebook faces a user's lawsuit claiming breach of contract due to its actions. The theory goes like this: Facebook promised users in its website privacy policy that it would never share their personal information with advertisers unless the user first consented. In spite of that promise, Facebook sent personal information to advertisers without consent in the manner described above..."
- Socially Aware: The Social Media Law Update - October 2010 (by Morrison & Foerster):
"In This Issue: Facebook Sued for Unauthorized Use of Minors' Names and Likenesses; YouTube Faces Damages and Injunction in Germany for Infringing User Uploads; California Criminalizes Malicious Online Impersonation; Discovery of Communications Through Social Media Sites; and, The New Frontier of Employee Avatar Appearance Codes..."
- Is It Permissible for a Lawyer to Befriend a Witness on Facebook In Order to Gather Information for a Lawsuit? (by Nick Akerman, Dorsy & Whitney LLP):
"On September 10, 2010, the New York State Bar Association, Committee on Professional Ethics, followed the March 2009 opinion of the Philadelphia Professional Guidance Committee in ruling that it is improper for a lawyer to befriend an adverse witness on Facebook for the purpose of obtaining potential impeachment material to use at a deposition..."
- California Court Permits Company to Subpoena Yahoo, Google and ISPs to Identify Anonymous Computer Hacker (by Nick Akerman):
"With criminals hiding behind the anonymity provided by the Internet this case has widespread application to companies willing to take aggressive action to protect their data and provides an excellent blueprint for going after anonymous computer hackers..."
- NY Lawyers Allowed to Friend Adversaries on Facebook (by Daniel Clement):
"New ethical opinions by the New York State Bar Association and the New York City Bar Association permit lawyers to scour the public pages Facebook, Twitter and other social networks for incriminating evidence to be used against an opposing party in a lawsuit..."
- Social Media and the Implications for E-Discovery (by Shireen Ali):
"Courts are being called upon to consider for the first time, whether statements, commentary and postings made by employees on social networks such as Facebook and Twitter, are discoverable. Statements made in instant messages (IM's), group discussion boards, forums, and conceivably skype and the new google chat, are open for legal debate in the courts. And 'data' extends to that kept by employees on mobile devices such as blackberries, iphones, ipads, laptops and the new generation of tablets currently hitting the markets..."
- Costly Contradictions of "Online Privacy" (by Collins & Collins PC):
"FISA, the Foreign Intelligence Surveillance Act of 1978, was originally passed to allow surveillance of communications between foreign powers, foreign intelligence agencies, and their agents. Since 911, FISA has been greatly expanded through various amendments including the Patriot Act. The expansion of FISA allows virtually unfettered governmental monitoring of online and telephone communications of American citizens..."
- Legal Aspects of Social Networking and Online Media Platforms (by Venable LLP):
Slide presentation from a recent seminar by law firm Venable LLP, covering legal aspects of social networking, including privacy, employee conduct, and how to create and implement a social media policy in the workplace...
- City of Ontario v. Quon - Supreme Court Decision in Quon (by Doug Cornelius):
"The search of the police officer's text messages was reasonable, and therefore the officer's Fourth Amendment rights were not violated. 'Even if Quon had a reasonable expectation of privacy in his text messages, petitioners did not necessarily violate the Fourth Amendment by obtaining and reviewing the transcripts.'..."
- Employer Access to Employee Text Message and Social Media Communications (by David Ganje):
"...review of several courts' analysis in dealing with the conflict between constitutional privacy concerns and employer's right to access employee text messages and social media (Facebook, Twitter, Myspace) communications."
- Online Privacy Considerations (And Outrages) for Lawyers to Ponder (by Rocket Matter LLC):
"Apparently, users willingly accept the wholesale collection of their personal Facebook information in return for the almost irresistible allure of growing virtual carrots. These companies, in violation of Facebook code, were sharing user identifiers with other companies. Remember, it's Facebook's profile on you, not your profile on Facebook..."
- Online and Email Risks at Work (by Helen Peach):
A checklist for employees: "...highlights the risks that your business and its employees should be aware of when using the Internet and e-mail at work, sending work-related e-mails or discussing the workplace on the Internet."
- Best Practices Regarding Employee Computer Use (by Danford Grant, Stafford Frey Cooper):
Twenty page guidebook: "Companies have compelling reasons to protect private and confidential information. Securing business information preserves trade secrets and other intangible assets, and protecting customer information creates trust and brand loyalty, reduces litigation, and prevents liability. Controlling the flow of information presents one of today's greatest challenges for businesses. Email, peer-to-peer (P2P) file sharing programs, unauthorized software downloads, and even the use of home computers and web-based email..."
- EPIC Testifies in Congress on Cybersecurity and Privacy (by Electronic Privacy Information Center):
"In his prepared statement, Mr. Rotenberg discussed 'the risks and limitations of a mandatory Internet ID that may be favored by some as a way to address the risk of cyber attack.' He explained how such a proposal would implicate human rights and online freedom, and questioned the constitutionality of such a measure. EPIC recommended that efforts continue to focus on improving security standards, deploying encryption, and requiring federal agencies to remain transparent as they develop cyber security policies..."
- From the archive: Comparison of Facebook Privacy Policy versions - April 2010 v Nov 2009 (by William Carleton):
"Redline comparison to show differences between Facebook's posted privacy policy, dated April 22, 2010, as against a prior version dated November 19, 2009..."
---
The tip of the iceberg. Stay in touch via JD Supra's legal feeds for additional posts on this topic:
Facebook: Tech Law - Is That Legal? - Consumer Protection
Twitter: @Tech_Law - @ConsumerLaw
LinkedIn: Science & Tech Law - Privacy Law - Consumer Protection
JD Supra: Science & Tech Law - Personal Rights - Consumer Protection
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