The Cybersecurity Law Report

Incisive intelligence on cybersecurity law and regulation

Articles By Topic

By Topic: Social Media

  • From Vol. 3 No.7 (Apr. 5, 2017)

    Best Practices for Mitigating Compliance Risks When Investment Advisers Use Social Media 

    The advent of Twitter, Facebook, LinkedIn and other social media forums has had a dramatic impact on society at large, including the investment funds industry. Yet, investment advisers and firms may not fully grasp the compliance and operational risks that new technologies and sites can pose. Questions abound as to whether social media can be used to provide material information to certain investors at the expense of others, when the line is crossed from informational content to marketing a fund and whether the social media accounts of individual employees and representatives need to be monitored for compliance purposes. In-house compliance officers, outside counsel and an SEC branch chief in the Chief Counsel’s Office of the SEC’s Division of Investment Management discussed and offered insights on these issues at a recent Regulatory Compliance Association PracticEdge session. See also “What It Takes to Establish Compliant Social Media Policies for the Workplace” (Mar. 22, 2017).

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  • From Vol. 3 No.6 (Mar. 22, 2017)

    What It Takes to Establish Compliant Social Media Policies for the Workplace

    More than one billion people use Facebook every day. Another 313 million use Twitter each month, and 150 million use Snapchat daily. What’s more, many – if not most – employees use social media at work, on both personal and company-owned devices, raising a host of security, liability and privacy concerns for employers. Restricting access, however, is not always easy, desirable or even legal. The legal landscape is changing as quickly as the social media technology it covers, and during a recent PLI event, Kelly Ann Bird, Gibbons’ employment and labor law director, described that landscape and offered suggestions about the protections and policies employers should promulgate in the era of Facebook that not only facilitate compliance but also keep the business in mind. See also “The Regulators’ View of Best Practices for Social Media and Mobile Apps” (Apr. 13, 2016).

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  • From Vol. 2 No.9 (Apr. 27, 2016)

    Mitigating the Risks of Using Social Media in the Workplace

    Both employees and employers continue to expand their use of social media, presenting a myriad of risks and spawning a spate of guidance and regulations. In a recent Practising Law Institute program, Christine Lyon, a partner at Morrison & Foerster, discussed recent developments related to social media in the workplace and detailed best practices for drafting a social media policy with the enforcement landscape in mind. See also “Avoiding Privacy Pitfalls While Using Social Media for Internal Investigations” (Dec. 9, 2015). 

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  • From Vol. 2 No.8 (Apr. 13, 2016)

    The Regulators’ View of Best Practices for Social Media and Mobile Apps

    Social media and mobile apps provide consumers and companies with a host of benefits, such as improved access to information and the tailoring of content to the consumer, but also present privacy and security challenges that are continually evolving. At a recent PLI program, a panel of regulators shared their views on the emerging regulatory landscape for social media and mobile apps. Laura D. Berger, a senior attorney in the division of privacy and identity protection at the FTC; Joanne McNabb, the director of privacy education and policy in the privacy enforcement and protection unit of California’s Attorney General’s office; and Thomas M. Selman, executive vice president, regulatory policy, and legal compliance officer of FINRA, discussed their respective agencies’ roles and responsibilities, the enforcement priorities of their agencies, and examples of best practices in the use and development of social media and mobile apps. D. Reed Freeman, Jr., a partner at WilmerHale, moderated the panel. See “Legal and Regulatory Expectations for Mobile Device Privacy and Security (Part One of Two)” Feb. 3, 2016; Part Two, Feb. 17, 2016.

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  • From Vol. 1 No.18 (Dec. 9, 2015)

    Avoiding Privacy Pitfalls While Using Social Media for Internal Investigations

    Social media can offer valuable information to companies conducting internal investigations.  However, companies must be vigilant about employees’ privacy rights as well as the laws and restrictions in place to protect those rights.  Lily Chinn, a partner at Katten Muchin Rosenman, spoke with The Cybersecurity Law Report about these privacy challenges and the proactive steps companies should take to avoid liability and complications, including how departments should coordinate and specific points that should be addressed in company policies.  See also “Examining Evolving Legal Ethics in the Age of the Cloud, Mobile Devices and Social Media (Part One of Two),” The Cybersecurity Law Report, Vol. 1, No. 11 (Aug. 26, 2015); Part Two, Vol. 1, No. 12 (Sep. 16, 2015).

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  • From Vol. 1 No.12 (Sep. 16, 2015)

    Examining Evolving Legal Ethics in the Age of the Cloud, Mobile Devices and Social Media (Part Two of Two)

     

    As technology advances – changing the way lawyers communicate with clients and store and use sensitive information – lawyers’ ethical obligations must evolve to keep up.  Addressing technology issues through a legal ethics prism, panelists Pamela A. Bresnahan, a senior partner at Vorys, Sater, Seymour and Pease; and David J. Elkanich, a partner at Holland & Knight, discussed the ethical issues that lawyers face when using technology in their practices, and the practical steps lawyers can take to prevent or mitigate these risks.  This second article in our two-part series covers ethical guidance for attorneys in the realm of social media.  The first article discussed application of ethical rules to technology and the proper use of cloud technology and mobile devices.  See also “Understanding and Addressing Cybersecurity Vulnerabilities at Law Firms: Strategies for Vendors, Lawyers and Clients,” The Cybersecurity Law Report, Vol. 1, No. 5 (Jun. 3, 2015).

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  • From Vol. 1 No.11 (Aug. 26, 2015)

    Examining Evolving Legal Ethics in the Age of the Cloud, Mobile Devices and Social Media (Part One of Two)

    Lawyers often don’t think about the ethics rules as applied to their conduct online or through the use of technology, panelists said at a recent conference hosted by PLI’s TechLaw Institute.  But as technology advances and continues changing the way lawyers practice, the ethical obligations of lawyers have also evolved in light of the new ways that practitioners communicate with clients, and store and use sensitive information.  Addressing technology issues through a legal ethics prism, panelists David J. Elkanich, a partner at Holland & Knight, and Pamela A. Bresnahan, a senior partner at Vorys, Sater, Seymour and Pease, discussed the ethical issues that lawyers face when using technology in their practices, and the practical steps lawyers can take to prevent or mitigate these risks.  This article, the first of our two-part series, covers ethical rules as they apply to technology and the proper use of cloud technology and mobile devices. The second part will cover ethical guidance for attorneys in the realm of social media.  See also Understanding and Addressing Cybersecurity Vulnerabilities at Law Firms: Strategies for Vendors, Lawyers and Clients,” The Cybersecurity Law Report, Vol. 1, No. 5 (Jun. 3, 2015).

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  • From Vol. 1 No.3 (May 6, 2015)

    Top Private Practitioners and Public Officials Detail Hot Topics in Cybersecurity and Best Practices for Government Investigations

    A former federal judge, officials at the Consumer Financial Protection Bureau and the DOJ as well as attorneys from Crowell Moring and Document Technologies Inc. were among the panelists at a recent program hosted by the Practising Law Institute.  The panel covered a broad range of topics including public awareness of data security issues; the scope and operation of government investigations regarding data breaches; practical advice for companies developing data security programs; and recent legal issues and developments related to data security.

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