According to The Washington Post, the "National Security Agency (NSA) and the FBI are tapping directly into the
central servers of nine leading U.S. Internet companies, extracting
audio and video chats, photographs, e-mails, documents, and connection
logs that enable analysts to track foreign targets." These new revelations came on the heels of a report late last night that the federal government is secretly collecting vast amounts of data from Verizon phone records.
The documents that the Washington Post has received allege that “[c]ollection (occurs) directly from the servers of these U.S. Service Providers:
Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube,
Apple.” The court approved program is called PRISM.
The NSA and FBI were created to protect our country. I became homeless for a period of time because of the terrorist attacks in New York City on 9/11/2001. I will never forget the American heroism I witnessed from New York's Bravest and Finest that day.
I believe that our government should have the offensive capability to protect our citizens from future terrorist attacks. The alleged breadth and depth of our surveillance capabilities does not surprise me. It is possible that without these programs a dirty bomb may have already been detonated in the middle of a large American city and/or a similar large scale 9/11 style attack may have occurred.
As a society we need to determine how to properly balance the safety of our country with the personal privacy of our citizens because the decisions we make today will determine our future. Are the proper checks and balances in place to ensure that the government does not abuse its power? This question needs to be answered sooner rather than later.
I want future generations to experience life, liberty, and pursuit of happiness without losing their personal privacy.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
To inform about the legal, business, privacy, cyber security, and public policy issues that confront those who utilize digital platforms.
Thursday, June 6, 2013
Friday, May 31, 2013
Louisiana bans Tweeting while driving
Yesterday, Louisiana Governor Bobby Jindal signed a bill that bans Tweeting while driving. SB 147 will become effective August 1, 2013, and violators may be fined up to $175 for the first offense and up to $500 for subsequent violations.
The new law bans not only Tweeting, but any other social media usage while driving. I believe it is important for drivers and auto manufacturers to become more aware of the distracted driving issues inherent with making one's car a mobile/apps interconnected hub. This new law is another example of the tremendous legal liability issues inherent with social media usage.
To learn how to properly handle social media liability issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The new law bans not only Tweeting, but any other social media usage while driving. I believe it is important for drivers and auto manufacturers to become more aware of the distracted driving issues inherent with making one's car a mobile/apps interconnected hub. This new law is another example of the tremendous legal liability issues inherent with social media usage.
To learn how to properly handle social media liability issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, May 29, 2013
Facebook losing advertising revenues due to hate speech
Facebook is the most popular social network in the world. However, being the most popular social media platform may also create unforeseen challenges because some people and/or entities may post inappropriate and/or illegal content onto your platform. According to the New York Times and Financial Times, multiple advertisers have stopped placing ads on Facebook because some of them have appeared next to allegedly offensive content.
Several advocacy groups have privately and publicly complained to Facebook about the content posted on its platform. While Facebook may have initially inadvertently missed these complaints, they have caught the attention of some advertisers. This matter may demonstrate the need for Facebook to either create a better algorithm that scans uploaded content and/or hire more people to respond to consumer complaints.
While many advertisers rely on targeted/behavioral advertising, this situation appears to demonstrate one of the downsides of this type of advertising if the proper safeguards are not implemented. Due to the viral nature of social media, companies must better understand the platforms they utilize as advertising partners.
To learn how to properly handle social media advertising issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Several advocacy groups have privately and publicly complained to Facebook about the content posted on its platform. While Facebook may have initially inadvertently missed these complaints, they have caught the attention of some advertisers. This matter may demonstrate the need for Facebook to either create a better algorithm that scans uploaded content and/or hire more people to respond to consumer complaints.
While many advertisers rely on targeted/behavioral advertising, this situation appears to demonstrate one of the downsides of this type of advertising if the proper safeguards are not implemented. Due to the viral nature of social media, companies must better understand the platforms they utilize as advertising partners.
To learn how to properly handle social media advertising issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, May 25, 2013
Washington State Bans NCAA Schools From Using Social Media Monitoring Services on Coaches
Washington State has banned employers from generally requiring employees to turn over their personal social media credentials. Earlier this week, Washington Governor Inslee signed SB 521 that will protect Washington state employers from becoming required to hire social media monitoring companies to review the personal digital accounts of their employees.
This law may save Washington employers tens of millions of dollars in potential costs associated with social media monitoring the personal digital accounts of employees and it will protect the personal privacy of employees. This includes the costs associated with hiring social media monitoring companies, increased cyber liability insurance costs, and legal fees and judgements inherent with negligent social media monitoring. The law was enacted because some companies are contacting employers, in particular colleges, to sell them social media monitoring services that are legal liability time bombs.
If an employer is monitoring the personal digital accounts of their employees and misses an issue that may indicate an employee may be violating the law and the employer does not report this information to the proper authorities in a timely manner the employer may have tremendous legal liability. A handful of emails from more than 10 years ago appears to be the main evidence that several high level administrators at Penn State knew that Jerry Sandusky was molesting young boys on its campus. Absent the digital evidence, it would have been much more difficult to prove that some Penn State employees allegedly knew about Jerry Sandusky's illegal activities. The email evidence so far appears to have cost Penn State almost $50 million dollars in fines, legal and investigatory fees, and other related costs.
The only way for an employer to know whether a particular personal digital account belongs to an employee is if it verifies that the account belongs to the person whom it claims to represent. In other words, for a social media monitoring service to properly work an employee must at a minimum authentic his personal social media user name. In general, verifying a personal social media user name violates Washington's SB 521 along with laws in approximately ten other states. Therefore, Washington employers, including schools may not utilize social media monitoring companies to track their employees' personal digital accounts.
To learn how to properly handle social media issues in your company or school you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
This law may save Washington employers tens of millions of dollars in potential costs associated with social media monitoring the personal digital accounts of employees and it will protect the personal privacy of employees. This includes the costs associated with hiring social media monitoring companies, increased cyber liability insurance costs, and legal fees and judgements inherent with negligent social media monitoring. The law was enacted because some companies are contacting employers, in particular colleges, to sell them social media monitoring services that are legal liability time bombs.
If an employer is monitoring the personal digital accounts of their employees and misses an issue that may indicate an employee may be violating the law and the employer does not report this information to the proper authorities in a timely manner the employer may have tremendous legal liability. A handful of emails from more than 10 years ago appears to be the main evidence that several high level administrators at Penn State knew that Jerry Sandusky was molesting young boys on its campus. Absent the digital evidence, it would have been much more difficult to prove that some Penn State employees allegedly knew about Jerry Sandusky's illegal activities. The email evidence so far appears to have cost Penn State almost $50 million dollars in fines, legal and investigatory fees, and other related costs.
The only way for an employer to know whether a particular personal digital account belongs to an employee is if it verifies that the account belongs to the person whom it claims to represent. In other words, for a social media monitoring service to properly work an employee must at a minimum authentic his personal social media user name. In general, verifying a personal social media user name violates Washington's SB 521 along with laws in approximately ten other states. Therefore, Washington employers, including schools may not utilize social media monitoring companies to track their employees' personal digital accounts.
To learn how to properly handle social media issues in your company or school you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, May 22, 2013
Will Anthony Weiner's "Weiner" Tweets Derail His Candidacy For Mayor of New York City?
New York City is the greatest city in the world. I lived in the City (NYC'ers call it the City) before and after 9/11. It is the city that is full of come back stories. As Frank Sinatra sang in New York New York, "if I can make it there I can make it anywhere". Almost two years ago, former Congressman Anthony Weiner resigned from Congress because of inappropriate Tweets he sent that contained photos of his private parts. However, he has recently announced his candidacy for Mayor of New York City.
In 2011, Weiner first claimed that his Twitter account was hacked after he was asked about some troubling Tweets being sent from his account. However, when he declined to ask that the proper authorities investigate the matter I knew he was not being completely honest about the situation. When I appeared on MSNBC to discuss the crisis I didn't want to accuse a member of Congress of lying so I only alluded to the troubling nature of the alleged claims by Weiner.
Until Weiner's social media usage became news, his political star was extremely bright. Since leaving Congress, he has worked to rehabilitate his personal life and career. While he may have learned some hard (no pun intended) lessons about social media, it appears that his staff needs some education on how to properly post video online to ensure it doesn't become a news story.
In general, politicians seem to be able to rebound from sex scandals and handsome profitably. Time will tell if Weiner is added to the list. Regardless of the outcome of the election, it will be interesting to see how Weiner handles all of the questions related to his past social media endeavors.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
In 2011, Weiner first claimed that his Twitter account was hacked after he was asked about some troubling Tweets being sent from his account. However, when he declined to ask that the proper authorities investigate the matter I knew he was not being completely honest about the situation. When I appeared on MSNBC to discuss the crisis I didn't want to accuse a member of Congress of lying so I only alluded to the troubling nature of the alleged claims by Weiner.
Until Weiner's social media usage became news, his political star was extremely bright. Since leaving Congress, he has worked to rehabilitate his personal life and career. While he may have learned some hard (no pun intended) lessons about social media, it appears that his staff needs some education on how to properly post video online to ensure it doesn't become a news story.
In general, politicians seem to be able to rebound from sex scandals and handsome profitably. Time will tell if Weiner is added to the list. Regardless of the outcome of the election, it will be interesting to see how Weiner handles all of the questions related to his past social media endeavors.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, May 21, 2013
FTC Complaint Filed Against Snapchat
Consumer privacy advocate EPIC has recently filed an FTC complaint against Snapchat because it believes the service is misleading consumers regarding its ability to delete the content being sent across its platform. According to multiple published reports, Snapchat may not be permanently deleting the content being sent through its service despite its claims.
Snapchat's promise that content would "self-destruct" after it is viewed may remind some people of Mission Impossible's self-destruct messaging system. Self destruct messages are ideal for some content that is sent online. Due to the constant barrage of media coverage regarding sexting scandals, an app that actually deletes content once it is viewed may be very profitable for a company.
Unless Snapchat is able to quickly fix its alleged inability to permanently delete the content it claims it is able to delete it may have significant legal liability. It may only be a matter of time before a user is damaged because content it thought was deleted was not.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Snapchat's promise that content would "self-destruct" after it is viewed may remind some people of Mission Impossible's self-destruct messaging system. Self destruct messages are ideal for some content that is sent online. Due to the constant barrage of media coverage regarding sexting scandals, an app that actually deletes content once it is viewed may be very profitable for a company.
Unless Snapchat is able to quickly fix its alleged inability to permanently delete the content it claims it is able to delete it may have significant legal liability. It may only be a matter of time before a user is damaged because content it thought was deleted was not.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Friday, May 10, 2013
The Application Privacy, Protection and Security Act of 2013
Congress has recently introduced the Application Privacy, Protection and Security Act of 2013 (HR1913). This legislation would require mobile application developers to disclose what data they
collect and how they utilize, share, and archive the data they capture.
In January, 2013, the California Attorney General's office issued a privacy report on the mobile apps ecosystem. Subsequently, on February 1, 2013, an FTC report recommended ways for mobile app developers to improve privacy disclosures. At that time, the FTC stated that app developers should:
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
In January, 2013, the California Attorney General's office issued a privacy report on the mobile apps ecosystem. Subsequently, on February 1, 2013, an FTC report recommended ways for mobile app developers to improve privacy disclosures. At that time, the FTC stated that app developers should:
- Have a privacy policy and make sure it is easily accessible through the app stores;
- Provide just-in-time disclosures and obtain affirmative express consent before collecting and sharing sensitive information (to the extent the platforms have not already provided such disclosures and obtained such consent);
- Improve coordination and communication with ad networks and other third parties that provide services for apps, such as analytics companies, so the app developers can better understand the software they are using and, in turn, provide accurate disclosures to consumers.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, May 9, 2013
New Mexico Bans NCAA Student-Athlete Social Media Monitoring Firms
New Mexico recently joined Delaware, California, New Jersey, Michigan, Arkansas, and Utah in protecting their schools, school employees, students, and taxpayers from the potential costs and legal liability issues associated with social media monitoring students. Under New Mexico SB 422, it is unlawful "to demand access in any manner to a student's, applicant's or potential applicant's account or profile on a social networking web site."
The enactment of SB 422 will greatly benefit schools, school employees, students, and taxpayers because collectively post-secondary schools in New Mexico may save millions of dollars in potential compliance costs and tens or hundreds of millions of dollars in potential costs associated with social media related lawsuits. SB 422 along with similar laws around the country appear to negatively affect the following companies that offer social media monitoring services: UDiligence, Varsity Monitor, Fieldhouse Media, and Jump Forward.
It appears that the only way for the above mentioned social media monitoring services to properly function is if a student either downloads an application onto his personal account(s), provides a username(s) and/or password(s) to his personal account(s), or if a student authenticates his social media account(s). These services may claim that all they need to properly work is a student's name or alias to search for a public social media account. However, performing an Internet search and guessing that an account belongs to a particular student just because it is on the Internet may put you in the same position as one of the people portrayed in this hilarious State Farm Commercial. According to CNN, as of last August, Facebook may have at least 83 million fake accounts and according to PRWeek, Twitter may have as many as 20 million fake accounts.
Any company that approaches schools to sell social media monitoring services to track students' personal digital accounts is selling a legal liability time bomb. If a school is monitoring the personal social media content of their students and misses an indication that there may be a crime committed it may cost the school more than $100 million dollars. For proof, just review the Penn State emails regarding the Jerry Sandusky matter. Does a school want to be on the hook for tens or hundreds of millions of dollars in legal liability because it was utilizing a social media monitoring service to track their students personal digital accounts?
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
The enactment of SB 422 will greatly benefit schools, school employees, students, and taxpayers because collectively post-secondary schools in New Mexico may save millions of dollars in potential compliance costs and tens or hundreds of millions of dollars in potential costs associated with social media related lawsuits. SB 422 along with similar laws around the country appear to negatively affect the following companies that offer social media monitoring services: UDiligence, Varsity Monitor, Fieldhouse Media, and Jump Forward.
It appears that the only way for the above mentioned social media monitoring services to properly function is if a student either downloads an application onto his personal account(s), provides a username(s) and/or password(s) to his personal account(s), or if a student authenticates his social media account(s). These services may claim that all they need to properly work is a student's name or alias to search for a public social media account. However, performing an Internet search and guessing that an account belongs to a particular student just because it is on the Internet may put you in the same position as one of the people portrayed in this hilarious State Farm Commercial. According to CNN, as of last August, Facebook may have at least 83 million fake accounts and according to PRWeek, Twitter may have as many as 20 million fake accounts.
Any company that approaches schools to sell social media monitoring services to track students' personal digital accounts is selling a legal liability time bomb. If a school is monitoring the personal social media content of their students and misses an indication that there may be a crime committed it may cost the school more than $100 million dollars. For proof, just review the Penn State emails regarding the Jerry Sandusky matter. Does a school want to be on the hook for tens or hundreds of millions of dollars in legal liability because it was utilizing a social media monitoring service to track their students personal digital accounts?
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Friday, April 26, 2013
California's Right to Know Act
California recently introduced "AB-1291 Privacy: Right to Know Act of 2013: disclosure of a customer’s personal information." If enacted, the bill would update California's 2003 "Shine the Light" law (Civil Code Section 1798.80-1798.84) to account for the new data mining technologies and information sharing practices that have proliferated over the past ten years. According to the bill's sponsor Assemblymember Bonnie Lowenthal, "AB 1291 expands the definition of personal information to include sensitive data, such as location, buying habits, and sexual orientation. By modernizing the requirements, consumers have a right to know not just how their basic information may have been used for junk mail, but also how it's collected and shared with data brokers, advertisers, and others."
The
2003 "Shine the Light" law enabled California residents to find out
how businesses utilize their personal information.
In general, the law requires most companies (except federal financial
institutions and those with less than 20 employees) that do business with
California residents to either disclose how personal information is being
shared for direct marketing purposes or allow customers to opt out of
information sharing. The law provides Californians
the right once a calendar year to obtain free of charge the type of personal
data that a business has disclosed to third parties for direct marketing
activities and the names and contact information of all third parties that
received the personal data.
Since
2003, data mining and behavioral advertising has proliferated beyond what many
may have envisioned when the "Shine the Light" law was enacted. To reign in some of these practices,
a
coalition of privacy organizations are advocating updating the law to
account for new technologies. According
the Wall
Street Journal, there has been significant industry backlash against
updating the 2003 law.
The
Right To Know Act's general principles appear to follow the European
Union's philosophy that its citizens have a right to require companies
doing business with them to provide them with the type of information that is
being collected about them. Europe's
privacy laws generally provide its citizens more control than the U.S. over how
personal data may be utilized. This was
demonstrated when six EU
data protection authorities recently
initiated coordinated enforcement measures against Google for failing to fix alleged
flaws in its 2012 privacy policy update.
Google's privacy policy change along with Austrian
law student Max Schrems experience with Facebook may have sparked the
decision to introduce the Right to Know Act.
Earlier
this year, NBC
News reported that Equifax has a database that contains almost 200 million
employment and salary records that covers more than a third of all U.S. adults. Some of these records may include week by
week pay stub information. While it may
be troubling that Equifax has acquired this detailed information, at least under
the Fair Credit Reporting Act consumers are able to obtain a report once a year
about the data that is being collected about them.
Personal
privacy may be further damaged by the new new partnership between Facebook and data brokers Acxiom, Epsilon, and Datalogic that is designed to better
monetize the content of their users. The FTC is so concerned
about some of the practices of data brokers that late last year it announced
that it is studying how the industry collects and utilizes consumer data. In what might be an effort to ward off
potential future regulation, Axciom
recently announced it was planning a service to allow consumers to obtain their
personal files.
Should
advertisers be able to analyze your personal emails and/or your personal files in the cloud and utilize the information to behavioral advertise and/or combine
this information with other digital and/or real world data across multiple
platforms to create personal user profiles that may be accessed not only by marketers
but also by insurance companies, banks, law enforcement, etc...? What if due to the types of ads that are
processed on a particular email account a company is able to make an inference
about one's sexual orientation, race, religion, etc.. and this inference is
utilized for discriminatory purposes?
The intentions of the law are noble; however, due to the way the bill is currently drafted it may lead to some unintended compliance costs for businesses. Therefore, I believe the California state legislature should work to find common ground between supporters and opponents of the bill that would increase transparency for consumers without creating an economic hardship on the business community.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Tuesday, April 23, 2013
AP Twitter Account Hack Causes Dow Jones to Plunge
As social media becomes a bigger part of our everyday lives, the legal issues surrounding social media increase greatly. One of the verified Associated Press Twitter accounts was hacked earlier today and the hacker tweeted, "Breaking: Two Explosions in the White House and Barack Obama is injured". Within minutes the Dow Jones Industrial Average plunged 140 points.
Hacking into the AP's Twitter account may violate multiple federal and state laws. Was this hack done to intentionally create chaos and/or harm our financial makets? Was the hacker testing how the U.S. financial markets, and/or the media, and/or the government would react to the hack? What was the motive behind the hack? Was this just a big joke done for personal pleasure? Do those who lost money in the stock market because of the hack have a cause of action against the hacker?
These are some of the many questions that may be answered in the near future.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Hacking into the AP's Twitter account may violate multiple federal and state laws. Was this hack done to intentionally create chaos and/or harm our financial makets? Was the hacker testing how the U.S. financial markets, and/or the media, and/or the government would react to the hack? What was the motive behind the hack? Was this just a big joke done for personal pleasure? Do those who lost money in the stock market because of the hack have a cause of action against the hacker?
These are some of the many questions that may be answered in the near future.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Thursday, April 18, 2013
Will Social Media Crowdsourcing Catch The Boston Marathon Terrorists?
The Boston Marathon terrorist bombing was a cowardly act that killed at least 3 people, caused at least 13 people to lose limbs, and hospitalized 183. This terrorist act should remind us that post 9/11 there are still threats to democracy and our way of life.
While our nation mourns this terrible tragedy, law enforcement officials are hard at work trying to capture the perpetrators of this dastardly act. One of the tools that the police are utilizing in their hunt for the terrorists is social media crowdsourcing. According to Wikipedia, crowdsourcing "is the practice of obtaining needed services, ideas, or content by soliciting contributions from a large group of people, and especially from an online community". Will social media be able to quicken the pace to identity and then capture the perpetrators of this tragedy?
Facebook, Google, and Microsoft have each been fined and/or forced to change their practices because some of their activities have been found to violate state and/or federal law/regulations. While some of these practices have raised the angst of regulators and/or privacy advocates the technology of these companies may also help catch the Boston Marathon Terrorists.
Facebook has been utilized by Massachusetts authorities to catch criminals. Google Earth has been used to solve various crimes. Microsoft worked with the New York City Police Department to develop a counter-terrorism and crime prevention system. While some of these technologies may be leading us closer to a surveillance state they may also help prevent terrorism and catch criminals.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
While our nation mourns this terrible tragedy, law enforcement officials are hard at work trying to capture the perpetrators of this dastardly act. One of the tools that the police are utilizing in their hunt for the terrorists is social media crowdsourcing. According to Wikipedia, crowdsourcing "is the practice of obtaining needed services, ideas, or content by soliciting contributions from a large group of people, and especially from an online community". Will social media be able to quicken the pace to identity and then capture the perpetrators of this tragedy?
Facebook, Google, and Microsoft have each been fined and/or forced to change their practices because some of their activities have been found to violate state and/or federal law/regulations. While some of these practices have raised the angst of regulators and/or privacy advocates the technology of these companies may also help catch the Boston Marathon Terrorists.
Facebook has been utilized by Massachusetts authorities to catch criminals. Google Earth has been used to solve various crimes. Microsoft worked with the New York City Police Department to develop a counter-terrorism and crime prevention system. While some of these technologies may be leading us closer to a surveillance state they may also help prevent terrorism and catch criminals.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Monday, April 15, 2013
When will the FTC follow the EU's lead in protecting digital privacy?
Are Google's March 2012 privacy policy changes legal? This is a question that the European data protection authorities have been working on since Google first announced its intention to change its privacy policies in January 2012. Soon after the announcement, France asked European data protection authorities to open an inquiry into the matter. In addition, U.S. Representative Edward Markey announced his intention to ask the FTC whether Google's privacy policy changes were also legal in the United States.
On
April 2, 2013, the United Kingdom's Information Commissioner's Office (ICO) stated, "the ICO has
launched an investigation into whether Google’s revised March 2012 privacy
policy is compliant with the (European) Data Protection Act. The action follows
an initial investigation by the French data protection authority CNIL, on
behalf of the Article 29 group of which the ICO is a member. Several data protection
authorities across Europe are now considering whether the policy is compliant
with their own national legislation."
The
ICO's announcement was in conjunction with France's Commission nationale de
l’informatique et des libertés (CNIL-France's privacy body) press
release that stated on March 19, 2013, "representatives of Google Inc.
were invited at their request to meet with the taskforce led by the CNIL and
composed of data protection authorities of France, Germany, Italy, the
Netherlands, Spain, and the United-Kingdom. Following this meeting, no change
(by Google to its Privacy Policy) has been seen." The CNIL further
stated, "[t]he article 29 working party’s analysis is finalized. It is now
up to each national data protection authority to carry out further
investigations according to the provisions of its national law transposing
European legislation."
How
will this development affect Google? It
means that French data protection authorities along with regulators in the UK,
Netherlands, Germany, Spain and Italy may take joint
legal action involving an investigation and possible fines into Google's privacy policy changes that enables it to combine the data it
obtains from users across all of its digital services. The ICO has the
authority to levy fines of up to £500,000 for breaches of the Data Protection
Act. The CNIL may fine an entity up to €300,000 (£255,000). While these
fines may not be much of a deterrent to Google and/or other companies to stop allegedly violating European privacy laws, regulators may also sue to block a company from
operating in Europe. If this route is taken against Google and/or others it
may harm a company's ability to operate in Europe.
How
will the EU's continued privacy law investigations into Google's practices affect Google's users in the United
States? When will the FTC follow the EU's lead and request more information
about Google's updated privacy policies? While it is too soon to speculate on the FTC's next move, it would not surprise me if the
FTC eventually investigates Google and/or others who change their privacy policies to better enable the data mining of users' content.
The EU data protection authorities and the FTC must properly balance the personal privacy rights of citizens with the ability of digital companies to be able to continue to thrive and expand. Should Apple, Facebook, Google, etc.. be allowed to collect, archive, and utilize user data without any limits? Last December, there was a major outcry when Instagram (Facebook bought it last year for $1 billion dollars) changed its privacy policy so it would be able to better data mine/monetize the personal content of its users. Only after a very public uproar, did Instagram reverse course on most of its proposed privacy policy changes.
The EU data protection authorities and the FTC must properly balance the personal privacy rights of citizens with the ability of digital companies to be able to continue to thrive and expand. Should Apple, Facebook, Google, etc.. be allowed to collect, archive, and utilize user data without any limits? Last December, there was a major outcry when Instagram (Facebook bought it last year for $1 billion dollars) changed its privacy policy so it would be able to better data mine/monetize the personal content of its users. Only after a very public uproar, did Instagram reverse course on most of its proposed privacy policy changes.
What
if Instagram followed through with all of its planned privacy policy changes? Would
users have any real recourse against the service absent deleting their account? Should digital platforms be able to change their privacy
policies to enable them to better data mine their users' personal data at
any time? Some digital services/platforms
have become so intertwined in our lives (Ex: Apple, Facebook, Google, etc...) that users may be willing to agree to any updated terms to continue to participate.
The
television show South Park had an interesting observation about what happens when a company changes its policies in an episode last year titled the Human
Centipad. This episode demonstrated to the extreme of what may happen when a company is able to unilaterally change its policies and its users must agree to them to continue to utilize the service.
When
Apple, Facebook, Google, etc... update their policies and these changes appear to erode personal privacy
protections and/or enable more data mining that does not appear to be in the best interest of users should regulatory
authorities around the world, including the FTC, stop or modify these changes? If Google's privacy
policy changes are not legal in Europe should they be legal in the United
States? Should European digital users be afforded greater privacy
protections than those in the United States?
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Tuesday, April 9, 2013
Utah Bans Student-Athlete Social Media Monitoring Firms
Utah recently became the latest state to enact legislation that bans schools from deploying social media monitoring firms that require students verify their social media user names and/or passwords. Utah joins Delaware, California, Michigan, and New Jersey in protecting their schools, students, and taxpayers from social media snake oil salesmen who are selling legal liability time bombs.
The Utah legislation appears to have been prompted because of a Time Magazine article that discussed the student-athlete social media policy of one Utah school. This academic institution appeared to require student-athletes sign a social media policy that stated, "To the extent that any federal, state, or local law prohibits the Athletic Department from accessing my social networking accounts, I hereby waive any and all such rights and protections." According to constitutional law expert Professor Phil Closius, this student-athlete social media policy was "clearly suspect". Under Utah's new law (H.B. 100), this policy is not just clearly suspect but against the law.
What does Utah's new law along with similar laws across the country mean for schools? In short, academic institutions need to re-examine their student-athlete social media policies and education programs to ensure compliance with all applicable state and federal laws. Athletic departments need to understand that social media is not just a public relations issue but a serious legal matter that requires the counsel of social media law experts who understand college athletics and NCAA compliance. Drafting and implementing improper student-athlete social media policies may create millions of dollars in legal liability.
Consultants who sell "student-athlete social media monitoring services" to athletic departments are selling legal liability time bombs. Deadspin has already exposed several companies as having no connection to college athletics before starting their "social media monitoring firms". Some companies that are approaching colleges appear to be making material misrepresentations to market their services. For example, how does someone transition from being a health care recruiter to a social media student-athlete compliance and education consultant overnight?
The bottom line is that states across the country are banning schools from being able to deploy firms to monitor and archive their students' personal digital content. These laws may cumulatively save schools around the United States hundreds of millions of dollars in monitoring, legal, compliance, and insurance costs.
In order for social media monitoring services to properly function students must at least verify their social media user names. Absent student verification these services are unable properly work. Furthermore, athletic departments should not be fooled into believing these services are compliant with all state and/or federal laws. In general, these companies also claim their services are educational tools while others claim they want to protect the online reputation of schools and/or students. Has anyone asked those who are approaching schools for their teaching credentials?
It appears that the founders of these companies have no verifiable experience that would lend any credibility to their claims. Consultants who are marketing student-athlete social media monitoring services to athletic departments do not understand social media, NCAA compliance, public policy, or the law; and they apparently care more about making a sale than protecting schools and student-athletes.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
The Utah legislation appears to have been prompted because of a Time Magazine article that discussed the student-athlete social media policy of one Utah school. This academic institution appeared to require student-athletes sign a social media policy that stated, "To the extent that any federal, state, or local law prohibits the Athletic Department from accessing my social networking accounts, I hereby waive any and all such rights and protections." According to constitutional law expert Professor Phil Closius, this student-athlete social media policy was "clearly suspect". Under Utah's new law (H.B. 100), this policy is not just clearly suspect but against the law.
What does Utah's new law along with similar laws across the country mean for schools? In short, academic institutions need to re-examine their student-athlete social media policies and education programs to ensure compliance with all applicable state and federal laws. Athletic departments need to understand that social media is not just a public relations issue but a serious legal matter that requires the counsel of social media law experts who understand college athletics and NCAA compliance. Drafting and implementing improper student-athlete social media policies may create millions of dollars in legal liability.
Consultants who sell "student-athlete social media monitoring services" to athletic departments are selling legal liability time bombs. Deadspin has already exposed several companies as having no connection to college athletics before starting their "social media monitoring firms". Some companies that are approaching colleges appear to be making material misrepresentations to market their services. For example, how does someone transition from being a health care recruiter to a social media student-athlete compliance and education consultant overnight?
The bottom line is that states across the country are banning schools from being able to deploy firms to monitor and archive their students' personal digital content. These laws may cumulatively save schools around the United States hundreds of millions of dollars in monitoring, legal, compliance, and insurance costs.
In order for social media monitoring services to properly function students must at least verify their social media user names. Absent student verification these services are unable properly work. Furthermore, athletic departments should not be fooled into believing these services are compliant with all state and/or federal laws. In general, these companies also claim their services are educational tools while others claim they want to protect the online reputation of schools and/or students. Has anyone asked those who are approaching schools for their teaching credentials?
It appears that the founders of these companies have no verifiable experience that would lend any credibility to their claims. Consultants who are marketing student-athlete social media monitoring services to athletic departments do not understand social media, NCAA compliance, public policy, or the law; and they apparently care more about making a sale than protecting schools and student-athletes.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Monday, April 8, 2013
Arkansas Bans NCAA Student-Athlete Social Media Monitoring Companies
Arkansas has became the latest state to enact legislation that bans
schools from deploying social media monitoring firms to track their students' personal digital accounts. Arkansas joins Delaware, California, Michigan, New Jersey and Utah in protecting their
schools, students, and taxpayers from fear and misinformation.
Consultants who sell student-athlete social media monitoring services to athletic departments are selling legal liability time bombs. Deadspin has already exposed several companies as having no connection to college athletics before starting their "social media monitoring firms". Some companies that are approaching colleges appear to be making material misrepresentations to market their services.
One consultant quoted me (who appears to have no verifiable experience in college athletics, social media, law, or compliance before he started selling his services to NCAA schools) in a press release touting his social media monitoring service last year. Quoting me to market a service that may create tremendous legal liability for NCAA schools is very troubling. Lawyers and risk professionals who understand this issue would never endorse a service that may increase a school's legal liability and/or may advise an academic institution to violate state and/or federal law.
The bottom line is that states across the country are banning schools from being able to deploy firms to monitor and archive their students' personal digital content. These laws may cumulatively save schools around the United States hundreds of millions of dollars in monitoring, legal, compliance, and insurance costs.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Consultants who sell student-athlete social media monitoring services to athletic departments are selling legal liability time bombs. Deadspin has already exposed several companies as having no connection to college athletics before starting their "social media monitoring firms". Some companies that are approaching colleges appear to be making material misrepresentations to market their services.
One consultant quoted me (who appears to have no verifiable experience in college athletics, social media, law, or compliance before he started selling his services to NCAA schools) in a press release touting his social media monitoring service last year. Quoting me to market a service that may create tremendous legal liability for NCAA schools is very troubling. Lawyers and risk professionals who understand this issue would never endorse a service that may increase a school's legal liability and/or may advise an academic institution to violate state and/or federal law.
The bottom line is that states across the country are banning schools from being able to deploy firms to monitor and archive their students' personal digital content. These laws may cumulatively save schools around the United States hundreds of millions of dollars in monitoring, legal, compliance, and insurance costs.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Monday, April 1, 2013
University of Maryland Law School's Symposium on Social Media and the Law
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 policies; the relationship between social
media interfaces and copyright law; and how social media laws are
developing with respect to employment law, contracts, and privacy
matters. Our speakers include private practitioners, a higher education
media relations representative, and professors of law
and communications. To RSVP please visit the Journal's website: http://www.law.umaryland.edu/academics/journals/jbtl/symposia.html .
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