by Fred Abramson on May 10, 2010
You probably spend much of your time at work in front of a computer. When you are on the run, you use your Blackberry or iPhone for both work and pleasure. But who owns the data that is created, viewed and stored while working?
If you work in New York for a private company, you have a reasonable expectation of privacy for your electronic devices, work computers and cellphones. This is especially the case when the company that you work for does not have a policy regarding internet usage. As a result, I have been advising companies to cover their bases by clearly and specifically drafting internet usage policies that explains their employees expectation of privacy.
Restrictive internet usage policies usually include the following:
- All the data that is stored on work computers is company property;
- Employee’s have no expectation of privacy;
- The Employer may monitor its employees computer usage without their knowledge.
The law regarding restrictive internet usage policies have been looked at with increasing scrutiny by the courts. For example, a recent court ruling did not allow an employer to access the Hotmail account of its employee.
Despite a written internet usage policy, employers are not immune from potential lawsuits from employees. Listed below are restrictions that employers should be aware of:
- PRIVILEGED DISCUSSIONS. Discussions regarding attorney-client communications may continue to be privileged. If an employee is using the internet for legally permitted employee, like union organizing her communications may be privileged.
- DISCRIMINATION. Be aware that you cannot treat your employees differently while monitoring their computer usage.
- ACCESSING PRIVATE ACCOUNTS. You cannot access your employee’s Twitter account simply because they accessed their account at work.
- NEW YORK STATE LAW. Believe it or not, New York State does not have an invasion of privacy law. Be aware that you cannot fire an employee simply because she tweets.
Be aware that case law is changing on this subject. As a word of caution, use your common sense and think about the golden rule.
For more reading: Who Owns all the data in the Workplace
If you have any questions about who owns your data at work, contact me at the Law Office of Frederic R. Abramson at 212-233-0666.
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
by Fred Abramson on February 12, 2009 · 3 comments
You are probably using social networks such as Twitter, Facebook and Linked in for a variety of purposes, from updating your status, to networking with college friends that leads to new business. Although the law on social networks is evolving, there are several issues that you need to be aware of to protect yourself legally. Listed below are 5 issues that you need to be aware of regarding the legal problems of social networks.
1. Privacy:
Some information that you provide on social networks are available to the general public, such as the name of your employer and photographs. As a result, any claim of a right to privacy to any material posted on social networking sites may be lost.
2. Identity Theft:
Social networks contain a treasure trove of personal information. For instance, my Blackberry was recently stolen and the thieves were able to hack into my Facebook account. The information gleaned from the site, such as date of birth, mother’s name and hometown could have been used by a thief to steal my identity.
3. Potential use in litigation:
Such personal information can be obtained by legal adversaries and may be exploited if you are ever involved in a lawsuit. Before posting, think about how any information can be used against you
4. Defamation:
Social Networking sites do not provide immunity from defamation laws. Expressing your views about Britney Spears may be fine, but watch out for any defamatory comments that you make regarding anyone else.
5. Intellectual Property:
There are no special laws shielding users of social networks from trademark and copyright laws.
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