Speaking About Social Media

Last week, I was invited to participate on a panel for a “Social Media Boot Camp.” I was asked to present material from my blog and answer appropriate questions from the audience. The event was jointly sponsored by the Ridgefield Chamber of Commerce and the Ridgefield Library.

 

Joining me on the panel were Maria Miranda of Miranda Creative, a social media-based advertising and branding agency, and Kerry Anne Ducey, the author of Talk of the Town, the popular blog about the town of Ridgefield.

 

I was pleased to learn that the turnout was the largest the Ridgefield Chamber had ever seen at an event like this. There was apparently great local interest in the topic of the escalating field of social media.   

 

Although I was a featured guest on the panel, I learned a great deal that morning. There are scores of social media vehicles emerging every day, and the tools and methods available are overwhelming. As an attorney, however, I recognize that these amazing capabilities raise an array of issues that test our laws and create opportunities for conflict. Privacy issues are of course inherent with anything online, but there are questions about content control and ownership, defamation, litigation impact and employment practices, among others. 

 

I understand that the attendees left with a great deal of knowledge and even more questions than we had time for. The one question most had was, “can you do this again?” My thanks to the Chamber and Library for giving me the opportunity to participate in a very educational and useful event.

Your (Facebook) Friendly Law Enforcement Officer

Although we don’t practice criminal law, recent articles such as the one in ABC News should spark anyone’s interest. The issue is whether law enforcement authorities can or should become online “friends’ to pursue their criminal investigations.

 

ABC News reports that an internal Justice Department document states that U.S. law enforcement agents are using social media to surreptitiously collect information on suspects. According to ABC News, the document, obtained through a Freedom of Information Act lawsuit, reveals that agents are browsing targeted individual’s postings, personal photographs and video clips, as well as identifying their friends and relatives. Additionally,according to the report, agents may disguise themselves with false online profiles and exchange messages with suspects.

 

This, of course, brings up a plethora of issues about privacy and crime-fighting. Where does one draw the proverbial line? How much of the evidence from social networking is admissible in court? The alleged perpetrators in the popular NBC “To Catch a Predator” series claimed entrapment. Fortunately, it seems many suspects are reckless, posting photos of themselves on their Facebook pages enjoying the spoils of their illicit activities. 

 

Recent cases seem to indicate that individual states will be controlling these decisions. California, for example, seems to be more protective of social media privacy than New York.  

 

We’ll keep a close eye on these developments. In the meantime, we advise everyone, whether a Good Guy or Bad Guy, to check privacy settings. And, know who your “friends” are.