Presentation for Parenting Paper<less Conference: Technology and Single Parenting Conference 2013 October 19, 2013 The purpose of this presentation is to help educate parents on the risks that are lurking out in the digital world, help them understand those risks, and help find workable solutions to minimize those risks. For educational purposes only, does not create an attorney-client relationship and is not legal advice.

1. THE LAW ONLINE
POSTING GONE WILD!
Presented for
Parenting Paper<less Conference
Technology and Single Parenting Conference 2013
October 19, 2013

2. #parenttech
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3. I am a lawyer
(please don’t hold it against me!)
 educational purposes only
 not intended to be legal advice and should
not be relied on as such
 no attorney-client relationship
 but why am I really happy about being here?
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4. 4

5. 1. Can I be sued for [x, y, or z]?
Yes!
2. Is the risk of being online and using social
media worth the risks?
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6.  inform you of some risks of using social media,
email, other online activities
 show you some ways to help minimize those risks
 Remember: the Internet and social media are tools
– what you say and do is much like “real life”
 common sense and thinking, above all else!
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7. What is “social media law” and “digital
information law”?
 the rules that apply to life online
 statutes, common law, contracts
 federal and state governments enact laws
 traditional legal rules apply online
 everything online has a contract
 a few maxims
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8. What can others learn from your
online activity?
 personal
 you, your children, home, stuff?
 professional
 your job, employer’s secrets?
 never anonymous, everything is trackable
 situational awareness
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9. Just because it is on the Internet does
not mean you can have it!
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intellectual property rights
infringement of trademark
right to publicity
infringement of copyright
need license or use creative commons
example 
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10. Copyright Example
License:
Creative Commons
Attribution 3.0
Attribution: prthugp @ http://www.officialpsds.com/prthugp-Profile9747.html
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12. 
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stolen access codes / programs
“sharing” logins to online services
misusing online resources
taking employer info / deleting info
using computers for fraud or theft
using computers to damage others
false accounts
logging in to snoop, spy
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13. Who wants to get sued?
 what you (and your children) say can hurt you!
Bland v. Roberts – “Like” case = 1st Amend.
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tortious interference
defamation (libel, slander, bus. defamation)
false promises
online impersonation
harassment and cyber-bullying
“puffery” of facts – selling on Craigslist, etc.
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14. Do unto others as you would have …
 cyberbullying, online threats,
harassment
 harassing telephone calls
 breach of private information
 false impersonation & identity theft
 unlawful interception of
communications
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15. What if someone is talking bad
about you on social media?
 defamation rules apply online
 but … be careful
 the “Streisand Effect”  Dallas
law firm
 anti-SLAPP (Strategic Lawsuits
Against Public Participation)
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16. Social Media + Work = Oil + Water
 online activity is used for hiring and firing
 requesting social media login information
 will read and find everything you say and do –
especially the pictures!
 what only your “friends” can see is still not
protected under privacy laws – it is fair game
 be careful of tone of posts, email, etc.
 if you don’t want it on a billboard, don’t put it out
electronically
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17. If you have legal cases or issues, guess what will
be used against you?
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social media is evidence – very powerful evidence!
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electronically stored information (“ESI”) is becoming the most
useful form of evidence in virtually every kind of lawsuit and
investigation
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we now have complete records of 2-way communication stream
– like all calls recorded!
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you don’t “own” your tweets! (“If you post a tweet, just like if you
scream it out the window, there is no reasonable expectation of
privacy.” State of N.Y. v. Harris)

4th Am. ≠ protect Facebook or Twitter posts / tweets
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18. Discuss rules and guidelines with your kids
– understanding works!
 teach to think and understand situations, reasons why
 recognize and appreciate potential issues
 plan how to handle those situations
 use examples to educate on those issues
 follow your kids’ online activity
 everyone screws up – it’s ok
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19. 1.
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8.
maintain situational awareness
be honest
if you don’t have something nice to say …
the Golden Rule
turn the other cheek
use good judgment
it will come back to bite you
prepare and plan ahead
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