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Introduction | |
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How This Book Is Organized | |
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Social Media Promotion Law: Contests and Sweepstakes | |
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Online Endorsements and Testimonials: What Companies and Their Employees Can and Cannot Tweet, Blog, or Say | |
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The [Mis]Use of Social Media in Pre-Employment Screening | |
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Monitoring, Regulating, and Disciplining Employees Using Social Media | |
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Social Media in Litigation and E-Discovery: Risks and Rewards | |
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Managing the Legal Risks of User-Generated Content.! | |
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The Law of Social Advertising | |
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Trademark Protections from Brandjacking and Cybersquatting in Social Networks | |
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Balancing Gamification Legal Risks and Business Opportunities | |
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Social Media's Effect on Privacy and Security Compliance | |
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Legal Guidelines for Developing Social Media Policies and Governance Models | |
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Looking Ahead at Social Media Business Opportunities, Expectations, and Challenges | |
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Who Should Use This Book? | |
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Features of This Book | |
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A Quick Note about U.S. Legal System | |
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Legal Disclaimer | |
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Social Media Promotion Law: Contests and Sweepstakes | |
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Online Promotions | |
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Sweepstakes Laws | |
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Contest Laws | |
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Lottery Laws | |
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Potential Legal Issues Associated With Public Voting | |
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Keeping Social Media Promotional Campaigns Legal | |
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Online Promotions Outside the United States | |
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Sweepstakes Versus Illegal Online Gambling | |
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Platform-Specific Guidelines | |
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LinkedIn | |
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Google+ | |
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Twitter | |
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Facebook | |
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Online Endorsements and Testimonials: What Companies and Their Employees Can and Cannot Tweet, Blog, or Say | |
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Fundamental Principles of Endorsements and Testimonials | |
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Endorsement or Not? | |
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Determining Liability | |
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Making Necessary Disclosures | |
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Hyperlinked Disclosures | |
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General Rules for Disclosures | |
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Disclosures in Social Media | |
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Lessons Learned from FTC Investigative and Enforcement Actions | |
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The [Mis]Use of Social Media in Pre-Employment Screening | |
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The Fair Credit Reporting Act | |
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Real-World Examples | |
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FTC v. Social Intelligence Corp | |
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FTC v. the Marketers of 6 Mobile Background Screening Apps | |
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Robins v. Spokeo, Inc | |
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Monitoring, Regulating, and Disciplining Employees Using Social Media | |
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Employee Monitoring | |
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Employer Regulation | |
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Employee Discipline for Social Media Use | |
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Ambulance Service Provider | |
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Chicago Luxury Car Dealer | |
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Advice Memoranda | |
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Lawfully Disciplining Employees | |
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Social Media in Litigation and E-Discovery: Risks and Rewards | |
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E-Discovery of Social Media | |
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The Stored Communications Act | |
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Authenticating Social Networking Site Evidence at Trial | |
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Managing the Legal Risks of User-Generated Content | |
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Copyright in the Age of Social Media | |
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Direct Infringement | |
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Contributory Infringement | |
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Vicarious Infringement | |
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Digital Millennium Copyright Act | |
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Defamation, Invasion of Privacy, and CDA Immunity | |
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Limitations of CDA Immunity | |
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The Law of Social Advertising | |
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The FTC Act | |
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Best Practices for Social Media Advertising | |
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Section 43(a) of the Lanham Act | |
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The CAN-SPAM Act of 2003 | |
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The Children's Online Privacy Protection Act (COPPA) | |
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COPPA Enforcement | |
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Proposed Changes to COPPA | |
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Summation | |
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Trademark Protections from Brandjacking and Cybersquatting in Social Networks | |
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Notable Cases of Brandjacking and Cybersquatting | |
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Trademark Infringement Under the Lanham Act | |
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The Anticybersquatting Consumer Protection Act (ACRA) | |
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Post-Domain Path Names and the ACPA | |
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Platform-Specific Trademark Enforcement Mechanisms | |
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Twitter Policies | |
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LinkedIn Policies | |
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Facebook Policies | |
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Uniform Domain Name Dispute Resolution | |
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Balancing Gamification Legal Risks and Business Opportunities | |
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Unfair and Deceptive Marketing Practices | |
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FTC Guidelines on Endorsements | |
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Legal Status of Virtual Goods | |
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The Credit CARD Act of 2009 | |
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Other Little-Known Laws Relating to Virtual Currencies | |
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Location-Based Services | |
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Designing a Precise Geolocation Data Security Plan | |
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Social Media's Effect on Privacy and Security Compliance | |
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Privacy Compliance | |
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Security Compliance | |
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Legal Guidelines for Developing Social Media Policies and Governance Models | |
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Vital Corporate Social Media Policy Provisions | |
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Recommended Social Media Marketing Policies | |
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Looking Ahead at Social Media Business Opportunities, Expectations, and Challenges | |
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Table of Legal Authorities | |
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Federal Statutes and Regulations | |
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Case Law | |
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Miscellaneous | |
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The Federal Trade Commission Act of 1914 | |
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(15 U.S.C. �� 41-58) (as amended) | |
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The Lanham Act-Section 43(a) | |
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(15 U.S.C. �� 1114(1) and 1125(a)) | |
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The Anticybersquatting Consumer Protection Act (ACPA) | |
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(15 U.S.C. � 1125(d) - Section 43(d) of Lanham Act) | |
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Fair Credit Reporting Act (FCRA) | |
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15 U.S.C. � 1681 et seq.) | |
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Electronic Funds Transfer Act (EFTA) | |
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(15 U.S.C. �1693 et seq.) | |
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Children's Online Privacy Protection Rule | |
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(Title 16 C.F.R. 312) | |
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FTC's Revised Guides Concerning Use of Endorsements and Testimonials in Advertising | |
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(16 C.F.R. Part 255) | |
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Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 | |
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(15 U.S.C. � 7701 et seq.) | |
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The Copyright Act | |
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(17 U.S.C. �101 et seq.) | |
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Online Copyright Infringement Liability Limitation Act (OCILLA) | |
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(17 U.S.C. � 512) | |
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Computer Fraud and Abuse Act | |
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(18 U.S.C. � 1030) | |
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Electronic Communications Privacy Act | |
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(18 U.S.C. � 2701 et seq.) (Including the Stored Communications Act [SCA]) | |
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National Labor Relations Act | |
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(Pub.L. 74-198, 49 Stat. 449, 29 U.S.C. �� 151-169) (as amended) | |
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The Unlawful Internet Gambling Enforcement Act of 2006 | |
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(31 U.S.C. �� 5361-5366) | |
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Communications Decency Act (CDA) of 1996 | |
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(47 U.S.C. � 230) | |
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Index | |