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Navigating Social Media Legal Risks Safeguarding Your Business

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ISBN-10: 078974953X

ISBN-13: 9780789749536

Edition: 2012 (Revised)

Authors: Robert McHale

List price: $21.99
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Description:

This insightful, first-of-its-kind book gives business and marketing professionals practical strategies for successfully navigating the unique new risks of social, mobile, and online media. Armed with this book, business decision-makers can implement secure and successful social and mobile marketing programs while maintaining strict legal and regulatory compliance in a fast-changing environment. Author and attorney Robert McHale has spent fifteen years at the forefront of information technology and intellectual property law. Now, he distills his knowledge into a 100% practical guide specifically for non-lawyers. Writing in plain English, McHale reviews today's US laws related to social…    
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Book details

List price: $21.99
Copyright year: 2012
Publisher: Pearson Education, Limited
Publication date: 5/24/2012
Binding: Paperback
Pages: 320
Size: 5.94" wide x 8.98" long x 0.63" tall
Weight: 1.188
Language: English

Introduction
How This Book Is Organized
Social Media Promotion Law: Contests and Sweepstakes
Online Endorsements and Testimonials: What Companies and Their Employees Can and Cannot Tweet, Blog, or Say
The [Mis]Use of Social Media in Pre-Employment Screening
Monitoring, Regulating, and Disciplining Employees Using Social Media
Social Media in Litigation and E-Discovery: Risks and Rewards
Managing the Legal Risks of User-Generated Content.!
The Law of Social Advertising
Trademark Protections from Brandjacking and Cybersquatting in Social Networks
Balancing Gamification Legal Risks and Business Opportunities
Social Media's Effect on Privacy and Security Compliance
Legal Guidelines for Developing Social Media Policies and Governance Models
Looking Ahead at Social Media Business Opportunities, Expectations, and Challenges
Who Should Use This Book?
Features of This Book
A Quick Note about U.S. Legal System
Legal Disclaimer
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
LinkedIn
Google+
Twitter
Facebook
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
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
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
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
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
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
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 (ACRA)
Post-Domain Path Names and the ACPA
Platform-Specific Trademark Enforcement Mechanisms
Twitter Policies
LinkedIn Policies
Facebook Policies
Uniform Domain Name Dispute Resolution
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
Social Media's Effect on Privacy and Security Compliance
Privacy Compliance
Security Compliance
Legal Guidelines for Developing Social Media Policies and Governance Models
Vital Corporate Social Media Policy Provisions
Recommended Social Media Marketing Policies
Looking Ahead at Social Media Business Opportunities, Expectations, and Challenges
Table of Legal Authorities
Federal Statutes and Regulations
Case Law
Miscellaneous
The Federal Trade Commission Act of 1914
(15 U.S.C. �� 41-58) (as amended)
The Lanham Act-Section 43(a)
(15 U.S.C. �� 1114(1) and 1125(a))
The Anticybersquatting Consumer Protection Act (ACPA)
(15 U.S.C. � 1125(d) - Section 43(d) of Lanham Act)
Fair Credit Reporting Act (FCRA)
15 U.S.C. � 1681 et seq.)
Electronic Funds Transfer Act (EFTA)
(15 U.S.C. �1693 et seq.)
Children's Online Privacy Protection Rule
(Title 16 C.F.R. 312)
FTC's Revised Guides Concerning Use of Endorsements and Testimonials in Advertising
(16 C.F.R. Part 255)
Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003
(15 U.S.C. � 7701 et seq.)
The Copyright Act
(17 U.S.C. �101 et seq.)
Online Copyright Infringement Liability Limitation Act (OCILLA)
(17 U.S.C. � 512)
Computer Fraud and Abuse Act
(18 U.S.C. � 1030)
Electronic Communications Privacy Act
(18 U.S.C. � 2701 et seq.) (Including the Stored Communications Act [SCA])
National Labor Relations Act
(Pub.L. 74-198, 49 Stat. 449, 29 U.S.C. �� 151-169) (as amended)
The Unlawful Internet Gambling Enforcement Act of 2006
(31 U.S.C. �� 5361-5366)
Communications Decency Act (CDA) of 1996
(47 U.S.C. � 230)
Index