ISSA Social Media Summit

Social Media and Legal Risk

Presenters

Dino TsibourisPrincipal, Tsibouris & Associates, LLC

Justin RootAttorney, Porter, Wright, Morris & Arthur

Mehmet MunurAttorney, Tsibouris & Associates, LLC

Outline

1. Brief Overview of Social Media2. Legal Risks Associated with Social Media 3. Social Media Policies4. Social Media in Litigation 5. Conclusion

What is Social Media?

Use of web-based and mobile technologies to turn communication into an interactive dialogue. – Facebook– Twitter– YouTube– LinkedIn–Blogs

Legal Implications of Social Media

• Brand Image• E-Discovery and Litigation• Human Resources and Employment• Privacy• Regulatory• Security• Torts

Brand ImageIn about five minutes it’ll be sent out on

delivery where somebody will be eating these, yes, eating them, and little did they know that cheese was in his nose and that there was some lethal gas that ended up on their salami. Now that’s how we roll . . .

Domino’s employee on YouTube

Brand ImageOATS has lost their way and no longer

has a sense of mission or even a well-thought-out theory of the business. They lack a viable business model that they can replicate. They are floundering around hoping to find a viable strategy that may stop their erosion. Problem is that they lack the time and the capital now.

John Mackey, Whole Foods CEO on Yahoo! Finance

Brand Image / Outsourcing

Security

Please send payment to the new bank account for Quad Graphic using the attached Electronic Payment Authorization form.

Scammer to Accounts Payable Representative at Condé Nast

SecurityI am a Senior Business Development /

Marketing / Sales Executive Consultant with 20 years+ in the Federal Government Homeland Security / Civilian / DoD Security Marketplace.

Security professional messaging Robin Sage to discuss her cyber intelligence background using social media

Human Resources

The small 8 oz. bags of chips, and the $2.00 cookie plate from Sam’s Club, and the semi fresh apples and oranges were such a nice touch . . . but to top it all off . . . the Hot Dog Cart. Where our clients could attain a over cooked weiner and a stale bunn . . .

BMW Salesman who complained about the Dealership’s Ultimate Driving Event on Facebook

Endorsements

Amazing new game.ONE of the BEST!Really Cool Game.

Public relationship company employees reviewing games on iTunes

Security Related to Social Media

• Threats from the inside• Threats from the outside

Threats from the Inside

• Lost productivity• Lost sensitive data• Loss of goodwill• Loss of control of professional image

Threats from the Outside• Data tracking• Hacked accounts• Data breaches– Responding to an incident– Reporting obligations• Civil Reporting Obligations• Criminal Reporting Obligations–R.C. 2921.22(A)(2)–R.C. 2913.04(B)

E-Discovery

• The Electronic Communications Privacy Act (18 U.S.C. § 2510)

• The Stored Communications Act (18 U.S.C. § 2510)

E-Discovery

What are the implications of these laws?• Preclude the access of content, even with a

civil subpoena• Criminalizes improper access of content

E-Discovery

How do we obtain content?• Ordinary discovery• Subpoena the account holder• Move for an order compelling consent• Forensic analysis of in-house computers?– Splash screen?– Reasonable expectation of privacy?– Corporate policy?

Policy• No one-size-fits-all• Balance competing interests, engage stakeholders• Reasonable and common sense limits on

employee use of social media• Respect activity protected under NLRA• Education and awareness• Consider a response plan• Uniform enforcement• Periodic review and training

Conclusion

Counter legal risks relating to social media using reasonable policies, uniform enforcement, education and awareness.

Questions

Dino Tsibouris dino@tsibouris.com (614) 360-3133

Justin Root jroot@porterwright.com (614) 227-2129

Mehmet Munur mehmet.munur@tsibouris.com (614) 360-3101