This presentation was given at the SM2Day conference in Rochester, New York (http://www.sm2day.com/). Chris Brogan was the star of the show--great talk and a great guy.

1. The Legal Aspects of Social
Media
7 things you need to know
Social Media Today Conference
Rochester, New York
November 11, 2009
Friday, November 13, 2009

2. 1. Don’t ignore social media
Friday, November 13, 2009

3. Friday, November 13, 2009

4. A fundamentalist is a person
who considers whether a fact is
acceptable to their faith before
they explore it. As opposed to
a curious person who explores
first and then considers
whether or not they want to
accept the ramifications.
--Seth Godin
Friday, November 13, 2009

5. 2. Be ethical
Friday, November 13, 2009

6. Friday, November 13, 2009

7. 3. Do not defame
Friday, November 13, 2009

8. Source:
NY Business Law Blog:
www.nylawblog.com
Friday, November 13, 2009

9. Friday, November 13, 2009

10. 4. Do not offend
Friday, November 13, 2009

11. Friday, November 13, 2009

12. Source: http://www.youtube.com/watch?
v=7SeL6i3sHM0&feature=PlayList&p=BEA63222CFE1FEA8&playnext=1&playnext_from=PL&index=11
Friday, November 13, 2009

13. Source: http://www.youtube.com/watch?
v=7SeL6i3sHM0&feature=PlayList&p=BEA63222CFE1FEA8&playnext=1&playnext_from=PL&index=11
Friday, November 13, 2009

14. 5. Don’t restrict employees’
access
Friday, November 13, 2009

15. Friday, November 13, 2009

16. 6. Implement a reasonable
social media policy
Friday, November 13, 2009

17. Friday, November 13, 2009

18. Question: What options does an employer have if an employee makes negative
comments about the company or criticizes the company via a blog, Web page,
etc.?
In New York - N.Y. Labor Law § 201-d(2)(c): Employers in New York can’t take
adverse action against an employee due to the employee's engagement in legal
recreational activities as long as the activities occur outside working hours, do not
occur on employer's premises, and do not use employer's property. N.Y. Lab. Law §
201-d(2)(c).
Recreational activities are defined as "any lawful - leisure time activity, for which
the employee receives no compensation and which is generally engaged in for
recreational purposes, included but not limited to sports, games, hobbies, exercise,
reading and the viewing of television, movies, and similar material." § 201-d(1)(2).
The law, however, does not protect "activity which ... creates a material conflict of
interest related to the employer's trade secrets, proprietary information or other
proprietary or business interest" and New York courts do not recognize employee
dating as a recreational activity. N.Y. Lab. Law § 201-d(3)(a); State v. Wal-Mart
Stores, Inc., 207 A.D. 2d 150, 621 N.Y.S. 2d 158 (1995). Therefore, enacting a well-
phrased anti-fraternization workplace policy will not violate this statute.
Friday, November 13, 2009

19. Friday, November 13, 2009

20. A good social media policy should:
• Tell employees to exercise good judgment and common sense in all electronic communications;
• Emphasize potential reach and impact of information sent over the Internet;
• Ensure employees understand that they have no reasonable expectation of privacy regarding electronic
communications in the workplace;
• Notify employees that they must not use electronic communications in any manner that is unlawful or
contrary to the company's interest;
• Inform employees that they cannot use electronic communications to violate the company's anti-
discrimination policy;
• Require employees to sign consent forms regarding workplace and work equipment monitoring;
• Specify the consequences if company policy is violated; and
• Apply the policy equally to all employees within the company.
Friday, November 13, 2009

21. • Online Database of Social Media Policies:
http://socialmediagovernance.com/
policies.php?f=0 (http://bit.ly/doPyN)
• Social Media Policy Templates: http://
socialmediagovernance.com/policies.php?
f=6 (http://bit.ly/4oOR7O)
Friday, November 13, 2009

22. 7. Be aware of applicable laws,
rules and regulations
Friday, November 13, 2009

23. Friday, November 13, 2009

24. Friday, November 13, 2009

25. Thanks for listening!
Nicole Black
lawtechTalk
www.lawtechtalk.com
Friday, November 13, 2009