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Social network

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What privacy rights do you have on social networks? Nearly everyday, civil litigators like myself and law enforcement officials request information from Facebook regarding user information.  Understandably, Facebook has been very difficult in responding to such requests, believing that users have a right to privacy concerning its users information. But how much right should users of social networks have over information that is of public record?

Many social networking sites have taken the position that they will not respond to requests for information without a subpoena.  This is a problem because users cannot obtain access to their accounts even if their account has been hacked.

This is especially problematic when it comes to the problem of cyber bullying. I have been trying to obtain records from Facebook for a client whose child whose account has been hacked by a cyber bully.  Facebook has been unwilling to provide information to me about my clients own account.

According to Law.com, the Deputy General Counsel of Facebook, Mark Howitson told lawyers at the Legal Tech Conference in New York today that they are ready to fight requests for user  information without a subpoena.

Unfortunately, you can only serve that subpoena in California which is problematic if you live in New York. Even with a subpoena, they will only provide basic subscriber information unless that user gives his or her consent.  The company believes that it does not have to provide user information under the Electronic Communications Privacy Act which was passed before Mark Zuckerberg, the founder of Facebook, danced to his first disco tune at his bar mitzvah. Since this issue is relatively new, a congressional hearing is forthcoming.

Mr. Howiston suggests that the best way to obtain information from Facebook is to make a simple friend request, which is of little utility.

What do you think?  What right of privacy should you have on social networks?  Should there be a cyber bullying exception?

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I have a friend who is an accountant at a small firm. Lets call him Cliff.  Cliff greets everyone with a compliment and is an ace accountant.  Cliff surfs the internet at work.  Cliff was recently on Twitter,  looking for people to follow.  He becomes Twitter “friends” with Samantha, an accountant at Hobes and Hobes, a rival firm.  From the looks of Samantha’s avatar, she is attractive.

Samantha asks Cliff to meet him at a bar after work. After a few dirty martinis, Cliff tells Samantha that his accounting firm is about to land Giggle, a big, funny internet company. Samantha buys the next round and that was the last thing he remembers.  He wakes up the next morning and finds out that Hobes and Hobes has landed the Giggle account.

Does your company block access to social media sites such as Twitter, Facebook and Linkedin because you are afraid of employees like Cliff? Is the work environment at your workplace hostile to employees who blog? If so, your company is part of the majority of organizations that have a restrictive social networking policy.

While a strict social networking policy is a simple way of limiting legal liability, do you really think that your company can compete in a 24 hour a day workplace with outdated policies? Probably not.  If your company is  struggling with how to integrate social media into the workplace, one way to focus is by creating a social media policy with an eye toward collaboration.

The Harvard Business Review observes that businesses are discovering that an über-connected work environment is not just about implementing a new set of tools — it is also about embracing a cultural shift to create an open environment where employees are encouraged to share, innovate and collaborate virtually.   Some benefits of a hyper-social company include:

  • Access to social media improves productivity;
  • Millennials will seek jobs that encourage the use of social media;
  • Companies that provide access to social media create a more engaged workforce.

After creating your hyper-social networking policy, it is then vital to address its legal implications, which I addressed previously in Legal Reasons Why Your Company Should Have a Social Networking Policy.

CONCLUSION

Employees are online whether you like it or not.  By simply banning the use of social networking sites on company computers, your employees will simply use smartphones to stay connected. By thinking expansively about social media, more specifically about using it for increased productivity and collaboration, there is great opportunity for growth.  Have your ideas written in the form of a social media policy, which will put your employees on notice of any potential legal problems. By the way, Cliff is not real. But he could be and you can be responsible for Cliff’s actions without a written social networking policy.

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Subpoena information for Facebook & Myspace

by Fred Abramson October 6, 2009 Uncategorized

Share It is not all that difficult to subpoena information from social networking sites. Listed below is subpoena information for Facebook and MySpace. Facebook Online Service Address: 156 University Avenue Palo Alto, California 94301 Phone Number:  650-543-4800 Fax Number:  650-644-3229 E-mail Address: subpoena@facebook. com MySpace Online Service Address: 407 N. Maple Drive Beverly Hills, California 90210 [...]

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Best Law, Business and Legal Marketing reads for the week

by Fred Abramson June 5, 2009 Business Law

Share Article of the Week: 10% of Twitter users account for 90% of tweets: http://tr.im/n54w The latest Law Reads: @Turkewitz Did Sotomayor Violate NY Ethics Rules in Private Solo Practice with “& Associates” Name? http://bit.ly/eF4jU @VBalasubramani blogged: “Tony La Russa’s Legal Claims Against Twitter Look Tenuous” http://bit.ly/eDcSe Social networks increasingly leading to questionable firings http://twurl.nl/w1kyhn [...]

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Legal Reasons Why Your Company Should Have a Social Networking Policy

by Fred Abramson June 3, 2009 Business Law

Share Your employees are probably participating in social networking sites such as Facebook, LinkedIn and Twitter. But what are your workers doing on Facebook while on the clock? Are they networking or are they sharing their 5 favorite beers? On the one hand, you want to trust your employees and make them feel like they [...]

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