by Fred Abramson on February 2, 2010
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?
by Fred Abramson on November 9, 2009
In early October, the FTC published its guidelines governing testimonials. The main purpose of these new guidelines is to protect the public from hidden endorsements.
Many bloggers are paid by advertisers to write about a product. If you are a tech blogger and you were handed a shiny Droid phone by Verizon to blog about its new camera, you are now required to disclose that relationship. The new guidelines have teeth, with fines of up to $11,000 for not disclosing payments. How are bloggers and advertisers able to protect themselves from an unwanted legal action?
ADVERTISERS AND BLOGGERS NEED A WRITTEN AGREEMENT
If you are an advertiser and you pay bloggers to review and report on your product and services, you must develop an agreement with the blogger that mirrors the guidelines of the FTC rules. The agreement should:
- Prohibit them from against making baseless claims about the service or product;
- Require the blogger to disclose the connection between the advertiser and the blog owner. A tech blogger must disclose in its review of the Droid smartphone that it received the Droid for free.
THE ADVERTISER MUST MONITOR THE WORK OF THE BLOGGER
- The advertiser should also set up a Google Alert, follow the blogger on all social media and constantly review the blog posts to make sure that the blogger complies with the FTC rules.
MONITOR YOUR EMPLOYEES
- A company is also responsible for what their employees disseminate on social media. Companies must have their employees disclose that they work for them in any reviews. You can also prohibit your employees from reviewing any of your products.
BE TRUTHFUL
This may appear obvious, but both bloggers and advertisers now have an affirmative duty not to mislead or make a statement about the product that his untrue. Bloggers now have to perform due diligence about the product before posting. Bloggers now must review the product in an unbiased manner.
What do you think of the new FTC rules? Are they necessary? How do you think they will be enforced?
The Law Office of Frederic R. Abramson drafts agreements between bloggers and advertisers. For more information, contact me at 212-233-0666
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