Introduction 1
How This Book Is Organized
Who Should Use This Book?
Features of This Book
A Quick Note about U.S. Legal System
Legal Disclaimer
1 Social Media Promotion Law: Contests and Sweepstakes
Online Promotions
Sweepstakes Laws
Contest Laws
Lottery Laws
Potential Legal Issues Associated With Public Voting
Keeping Social Media Promotional Campaigns Legal
Online Promotions Outside the United States
Sweepstakes Versus Illegal Online Gambling
Platform-Specific Guidelines
Google+
2 Online Endorsements and Testimonials: What Companies and Their Employees Can and Cannot Tweet, Blog, or Say
Fundamental Principles of Endorsements and Testimonials
Endorsement or Not?
Determining Liability
Making Necessary Disclosures
Hyperlinked Disclosures
General Rules for Disclosures
Disclosures in Social Media
Lessons Learned from FTC Investigative and Enforcement Actions
3 The [Mis]Use of Social Media in Pre-Employment Screening
The Fair Credit Reporting Act
Real-World Examples
FTC v. Social Intelligence Corp
FTC v. the Marketers of 6 Mobile Background Screening Apps
Robins v. Spokeo, Inc
4 Monitoring, Regulating, and Disciplining Employees Using Social Media
Employee Monitoring
Employer Regulation
Employee Discipline for Social Media Use
Ambulance Service Provider
Chicago Luxury Car Dealer
Advice Memoranda
Lawfully Disciplining Employees
5 Social Media in Litigation and E-Discovery: Risks and Rewards
E-Discovery of Social Media
The Stored Communications Act
Authenticating Social Networking Site Evidence at Trial
6 Managing the Legal Risks of User-Generated Content
Copyright in the Age of Social Media
Direct Infringement
Contributory Infringement
Vicarious Infringement
Digital Millennium Copyright Act
Defamation, Invasion of Privacy, and CDA Immunity
Limitations of CDA Immunity
7 The Law of Social Advertising
The FTC Act
Best Practices for Social Media Advertising
Section 43(a) of the Lanham Act
The CAN-SPAM Act of 2003
The Children’s Online Privacy Protection Act (COPPA)
COPPA Enforcement
Proposed Changes to COPPA
Summation
8 Trademark Protections from Brandjacking and Cybersquatting in Social Networks
Notable Cases of Brandjacking and Cybersquatting
Trademark Infringement Under the Lanham Act
The Anticybersquatting Consumer Protection Act (ACPA)
Post-Domain Path Names and the ACPA
Platform-Specific Trademark Enforcement Mechanisms
Twitter Policies
LinkedIn Policies
Facebook Policies
Uniform Domain Name Dispute Resolution
9 Balancing Gamification Legal Risks and Business Opportunities
Unfair and Deceptive Marketing Practices
FTC Guidelines on Endorsements
Legal Status of Virtual Goods
The Credit CARD Act of 2009
Other Little-Known Laws Relating to Virtual Currencies
Location-Based Services
Designing a Precise Geolocation Data Security Plan
10 Social Media’s Effect on Privacy and Security Compliance
Privacy Compliance
Security Compliance
11 Legal Guidelines for Developing Social Media Policies and Governance Models
Vital Corporate Social Media Policy Provisions
Recommended Social Media Marketing Policies
12 Looking Ahead at Social Media Business Opportunities, Expectations, and Challenges
A Table of Legal Authorities
B The Federal Trade Commission Act of 1914
C The Lanham Act—Section 43(a)
D The Anticybersquatting Consumer Protection Act (ACPA)
E Fair Credit Reporting Act (FCRA)
F Electronic Funds Transfer Act (EFTA)
G Children’s Online Privacy Protection Rule
H FTC’s Revised Guides Concerning Use of Endorsements and Testimonials in Advertising
I Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003
J The Copyright Act
K Online Copyright Infringement Liability Limitation Act (OCILLA)
L Computer Fraud and Abuse Act
M Electronic Communications Privacy Act
N National Labor Relations Act
O The Unlawful Internet Gambling Enforcement Act of 2006
P Communications Decency Act (CDA) of 1996
The indispensable guide to avoiding the legal and business pitfalls of social media: for business and marketing leaders, not lawyers!
Robert McHale, Esq., is the founding member of R | McHale Law (rmchale.com), a full-service law firm whose corporate practice represents clients on a wide variety of IT and intellectual property law matters, including privacy and data security, trademark, copyright, trade secrets, technology licensing, and other proprietary protections. By leveraging his business instinct, technical insight, and legal experience, Robert helps companies develop legal strategies that best promote their business objectives. His areas of focus include general corporate law, business litigation, web/mobile applications, online marketing, new media, and Internet and e-commerce technology.
Robert is a member of the Massachusetts bar and is admitted to practice before the U.S. District Court, District of Massachusetts.
He is a graduate of St. John’s College (BA) and Boston University School of Law (JD).
You can reach Robert at robert.mchale@rmchale.com and follow him on Twitter at @rmchalelaw.
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