Posts tagged with: "media"
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10 Jul 2011, 7:44 am
Is Klout's algorithm compromised by Social Media Credential Fraud? At this point, it appears that Klout's algorithm is unable to accurately measure influence because it is not able to accurately determine who has real online and/or real world influence due to Social Media Credential Fraud.According to Klout's website, the factors in its algorithm include: "List inclusions, Follower/Follow Ratio, Followed Back %, Unique Senders, Unique Retweeters, Unique Commenters, Unique Likers, Influence of… [read post]
19 Feb 2011, 7:32 am
There are many legal liability issues inherent with social media advertising campaigns. Some legal issues to be aware of include: copyright and trademark issues, privacy, FTC advertising guidelines and full disclosure violations, etc...I recently attended a conference and one of the panels consisted of a group of marketing professionals. The marketers wanted to create an advertising campaign for a flat screen television company. The hypothetical promotion would encourage consumers to videotape… [read post]
9 Jul 2011, 8:11 pm
Maryland's highest court, the Court of Appeals recently decided a case regarding authentication of social media accounts and the content contained therein. In Antoine Levar Griffin v. State of Maryland (No. 74, September Term 2010; filed April 28, 2011), the Court of Appeals held that"[t]the potential for abuse and manipulation of a social networking site by someone other than its purported creator and/or user leads to our conclusion that a printout of an image for such a site requires a greater… [read post]
17 Aug 2012, 6:59 pm
On June 28, 2011, I was one of the first to analyze the new International Olympic Committee's social media regulations. When the regulations initially were released, I immediately noticed that there may some major challenges with the policies. At that time I stated, "In general, the IOC's Social Media Policy appears to be a good starting point for discussion. However, the points I mention above need to be addressed before the Games begin to lessen the likeliehood that social media compliance… [read post]
2 Apr 2013, 9:42 pm by
On Friday, April 5, 2013, from 9:00 am to 3:30 pm the University of Maryland Francis King Carey School of Law's Journal of Business & Technology Law is sponsoring a symposium titled, "Social Media and the Law: An Exploratory Look into the Legal Effects of Online Interconnectedness." The event is free, open to the general public, and lunch will be provided to those who RSVP. Speakers will present on a range of topics, including: the constitutionality of student athlete social media… [read post]
15 Jun 2012, 10:39 pm
The NCAA has updated its social media recruiting policy. The policy deregulates the number of texts, calls, and other forms of digital communication that coaches may have with potential recruits after they finish their sophomore year in high school.While the previous policy was instituted with good intentions, it was very difficult to enforce and not flexible enough to adapt to the changing ways we communicate and interact. Unfortunately, there are some self-anointed sports social media… [read post]
18 Sep 2012, 9:29 am
A U.S. District Court in Minnesota has stated that public schools that require access to their students' password protected digital content are violating their students' 1st and 4th Amendment rights. In R.S. ex rel. S.S. v. Minnewaska Area Dist. No 2149 2012 WL 3870868, a student was allegedly intimidated into turning over her Facebook username and password, and her personal email username and password so the school could view her password protected digital content for references to a hall monitor… [read post]
28 Jan 2012, 6:17 pm
The Supreme Court ruled today that the Fourth Amendment still matters in the Social Media Age. In U.S. v. Jones, the court voted 9-0 that a warrant was required to place a GPS tracker onto a car.This case has wide ranging ramifications in the Social Media Age. If the installation of a GPS tracking device onto a car constitutes a search then the required installation of social media monitoring software onto a student's personal electronic device by a state school also constitutes a search. In… [read post]
10 Mar 2011, 5:23 am
Florida Judge W. Douglas Baird ordered Mark One Financial LLC not to utilize social media when trying to contact Melanie Beacham over an alleged debt of $362. Ms. Beacham sued the debt collector in 2010 for violating her privacy. Debt collectors have been using social media to contact debtors for several years. However, only in the past year has this activity been deemed news worthy by the mainstream press. The Fair Debt Collections Practices Act (FDCPA) appears to be silent on if and how… [read post]
24 May 2011, 9:19 am
If you are interested in learning more about some of the legal issues that may affect in-house counsel I encourage you to attend ALM's 23rd Annual Corporate Counsel Conference East Coast. The conference will be held at the Marriott Marquis in New York City on June 7 and June 8th.  Some of the topics that will be addressed include: Trends in Transactions; M&A and Restructurings; Copyright Law and the Internet's Evolution Continues to Break New Ground; Social Networking and Its Impact on Employment… [read post]
24 Feb 2013, 3:32 pm by legalinformatics
Kelly Lynn Anders, JD has published Ethical Exits: When Lawyers and Judges Must Sever Ties on Social Media, Charleston Law Review, Vol. 7, 187-205 (2012-2013). Here is the abstract: This article addresses the very recent trend of requiring lawyers and judges to sever ties on social media, the professional implications of doing so, relevant rules governing judicial and attorney conduct, and a discussion of “best practices” for lawyers and judges to follow when social media connections… [read post]
15 Jun 2011, 12:43 pm
Soon after I made my original post regarding Congressman Weiner's alleged inappropriate Tweet, Mr. Weiner came clean in a news conference in New York City. Mr. Weiner apologized for lying and his terrible mistake throughout his social media crisis.If Mr. Weiner would have hired an attorney well versed in social media matters immediately after this scandal broke and received and followed his advice the fallout of this situation may have been lessened. People make dumb mistakes all the time. … [read post]
16 Aug 2011, 9:14 pm
Is a telephone flash mob criminal? How do you prove that a serious of Tweets directly caused a telephone flash mob? The Los Angeles County Sheriff's Department is trying to answer these questions after an artist who goes by the stage name, "The Game" allegedly tweeted the phone number of a sheriff's station on August 12th. It is alleged that The Game's tweets were directly responsible for a sheriff's station receiving hundreds of calls that tied up its phone lines for a few hours. According to… [read post]
17 Jul 2012, 9:22 am
The Digital Millenium Copyright Act (DMCA) was signed into law in 1998 to protect the intellectual property rights of content creators while also providing a safe harbor for internet service providers and websites who act in good faith to remove infringing content once they become aware of the matter. The Lanham Act was enacted in 1946 and has been amended several times. In 1999, the Anticybersquatting Consumer Protection Act amended the Lanham Act to address domain name trademark issues.Does the… [read post]
30 Nov 2011, 7:36 pm
Last week, Kansas High School student Emma Sullivan used Twitter to discuss her feelings about Governor Sam Brownback. While participating in a Youth in Government Program Sullivan tweeted, "Just made mean comments at gov brownback and told him he sucked, in person #heblowsalot.Governor Brownback's office was not amused by the Tweet and Niomi Burget, assistant director of scheduling for the governor forwarded the tweet to Deborah Brown of the Shawnee Mission School District who then contacted… [read post]
17 Feb 2012, 9:35 am by David M. Ward
Technology has given us many more options for marketing our professional services. In the "old" days (i.e., thirty years ago), we networked with other professionals, did some public speaking and wrote the occasional article. Some of us took out ads in the yellow pages. Mostly, we relied on our clients to refer other clients. Today, we have the Internet. The wonders of hi-tech. Twitter, Facebook, Youtube, Goggle+, LinkedIn, and, as of about ten minutes ago, Pinterest. And… [read post]
28 Aug 2012, 6:28 am
South Korea's highest court unanimously ruled that South Koreans are not required to register their user names or other online account information in order to make comments on the Internet. This reaffirms that South Korea will protect freedom of speech on social media and other online platforms.When applying this law to universities in South Korea, it appears to mean that public school students are not required provide their schools their social media user names or other digital account… [read post]
17 Aug 2011, 8:09 am
Is a telephone flash mob criminal? How do you prove that a series of Tweets directly caused a telephone flash mob? The Los Angeles County Sheriff's Department is trying to answer these questions after an artist who goes by the stage name, "The Game" allegedly tweeted the phone number of a sheriff's station on August 12th. It is alleged that The Game's tweets were directly responsible for a sheriff's station receiving hundreds of calls that tied up its phone lines for a few hours. According to… [read post]
21 Oct 2011, 6:28 pm
Missouri repealed its recently enacted student-teacher social media ban which prohibited students and teachers from interacting with each other online. I wrote about the law on August 2, 2011 and at the time stated:"there is a tremendous lack of understanding regarding social media by elected officials across the country. Does Missouri have a law that bans teachers and students from being able to join the same Churches, Mosques, and Synagogues? Does Missouri have a law that bans teachers from… [read post]
4 Jul 2012, 7:17 am
Delaware is the first state to pass student social media privacy legislation. While HB 309: An Act to Amend Title 14 of the Delaware Code Relating to Education was passed by both the Delaware General Assembly and Senate over the weekend, it still needs to be signed by Delaware's governor to become law.Delaware's HB 309 utilized Maryland's SB 434 as a template. Maryland's SB 434 passed the Maryland Senate 46-0 but died at the end of the legislative session due to the logjam created when the… [read post]