2. What is Social Media?
Media for social interaction, using
highly accessible and scalable
publishing techniques using web-
based technologies to transform
and broadcast media monologues
into social media dialogues.
6. Putting Out Your Message
Immunity
[i] whether Defendant is a provider of an interactive
computer service;
[ii] if the postings at issue are information provided by
another information content provider; and
[iii] whether Plaintiff’s claims seek to treat Defendant as
a publisher or speaker of third party content.
CDA-Section 230
8. Putting Out Your Message
To qualify for the safe harbor protection, the site must:
(1) notify the customers of its policy;
(2) follow proper notice and takedown procedures;
(3) designate a copyright agent with the U.S.
Copyright Office; and
(4) not have knowledge that the material or activity is
infringing or of the fact that the infringing material
exists on its network
The Digital Millennium Copyright Act
12. Managing Your Message
To force sites to unmask anonymity online:
(1)Doe made a defamatory statement;
(2)the statement was concerning Plaintiff;
(3)the statement was published;
(4)others would understand the statement to be
defamatory;
(5)the statement was false; and
(6)Doe made the statement with actual malice.
21. Social Media and H.R.
•Race • Ethnicity • Gender • Age
• Religion • Disability • National Origin
• Sexual Preference*
22. Social Media and H.R.
•Invasion of Privacy • Discrimination
• FCRA • Defamation
• Violating the Terms of Service
23. Social Media and H.R.
INFORMATION
AVAILABLE FROM
FACEBOOK
PROFILES
•ORGANIZATIONS
•RELATIONSHIP
STATUS
•POLITICAL VIEWS
•RELIGIOUS VIEWS
•FRIENDS
•ACTIVITIES
•INTERESTS
•PHOTOS
24. Social Media and H.R.
I went out and had to get F****** drunk off my Rode up the elevator this morning with the hottie
A**- Slugg’in through the work day today. from accounting-I think she totally digs me!!!!
Looking forward to heading to Bible Study BIG NEWS!! We just found out we’re having
tonight, good times with good people. twins a boy and a girl!!