Meetings and the Law: Must Knows for the Digital Age

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What Does It All Mean? Web 2.0 Legal Issues
Part 2 of a 2 Part Series
By: Barbara F. Dunn, Esq.
Welcome to Web 2.0 – the bigger, better and more interactive side of the Internet.
With the capability of webcasting, virtual meetings and other content delivery systems,
does the organization face an increased exposure to liability as a result of these features?
In our first part of this series, we explored the legal concerns with user generated
content such as social networking, blogs and wikis. In this second part of our series, we
will explore applications which provide enhanced delivery of content for meetings,
conventions and other gatherings.
Recording and Audio Synching Sessions
Many organizations are audio and video recording presentations and
performances from their meetings and events so that they can be posted online for others
to view. While this Web 2.0 application can be tremendously useful, organizations which
want to use this application must ensure they are doing so properly.
First, consent should be obtained from the speakers and performers for the
recording of the sessions. The consent must set forth the proposed use of the recordings
such as display on the organization’s web site. The consent should also include a
statement that the organization has the right to distribute any of the speaker’s handouts in
the same format and to use the speaker’s photograph.
Second, if the organization’s web site allows for listeners of the presentation or
performance to submit a review, the organization should ensure that those posting a
review do so in an appropriate and truthful manner. They should also be advised that the
organization reserves the right to remove any inappropriate reviews. The speaker should
also be made aware that listeners can post reviews so that the speaker is fully aware of

2. the application. Finally, readers of the site should be made aware that the opinions
expressed are those of the individual and not those of the organization.
Virtual Meetings
In order to supplement the one or two meetings organizations do each year, many
organizations are turning to a year-round, virtual meeting online. These online
communities can offer attendees access to speakers, performers, conference materials,
and other valuable networking features.
The concern with such technology is that the organization may not have the
requisite permission to post materials online. The organization should therefore receive a
written consent from anyone whose presentation and/or materials will be part of the
virtual meeting. Further, users of the virtual meeting should agree that they will not copy
or distribute the materials in violation of the author’s copyright.
E-marketing
While electronic marketing is not a new Web 2.0 application, emails continue to
get more sophisticated in terms of their capabilities and reach. Organizations should be
familiar with the federal law entitled, “Controlling the Assault of Non-Solicited
Pornography and Marketing Act of 2003,” otherwise known as the “CAN-SPAM” law.
While the purpose of this law was to combat “junk emails”, it has the effect of requiring
all organizations to comply with its terms when it comes to electronic marketing.
CAN-SPAM requires that all commercial e-mail (defined as “any electronic mail
message the primary purpose of which is the commercial advertisement or promotion of a
commercial product or service”) comply with certain requirements. Exempted from the
commercial e-mail definition are “transactional or relationship messages” which
primarily “facilitate, complete, or confirm a commercial transaction that the recipient has
previously agreed to enter into with the sender.” For example, if the individual has
registered for a conference, the organization may send that person an email confirming
that transaction.
Under CAN-SPAM, all commercial e-mail must be sent from a functioning e-mail
that the recipient can use to opt-out by requesting that no further messages be sent. The
sender of the message is given 10 business days to honor such opt-out requests, at which
point sending any additional commercial e-mail represents a violation of the CAN-
SPAM.
CAN-SPAM also requires that each commercial e-mail message contain “clear
and conspicuous identification that the message is an advertisement or solicitation,”
although the manner in which this identification must appear is not specified. Such
messages must also contain the postal address of the sender.

3. One recommendation that we have made to clients in this area is to focus on
whether the “primary purpose” of the communication is an advertisement. If it is not, the
correspondence falls outside the scope of CAN-SPAM. One way to ensure the “primary
purpose” is not an advertisement is to include in the e-mail substantive updates about the
organization and its mission and work and then make the advertisement of a book or
program a secondary, supplemental purpose.
Conclusion
The discussion of the various Web 2.0 applications leads us back to the age old
principle that we should look before we leap. Organizations which want to add new
features to its web site or services to its members should first fully investigate the legal
and business implications of such activity and only proceed when it’s clear that no great
concern for liability exists. Such a process should maximize the value of the Web 2.0
application to the membership and minimize the potential for liability to the organization.
Barbara Dunn is an attorney and partner with Howe & Hutton, Ltd, a law firm which
specializes in the representation of groups in the meetings, travel and hospitality
industry. She can be contacted at bfd@howehutton.com.