Peer to Peer Magazine

best practices Information Security on the Social Media Frontier by Dr. Gavin W. Manes of Avansic In recent years, social media have made a huge impact on how the business world operates. Many companies have an active social media presence and are always looking for the most effective ways to put information out on the Web. The real question they should be asking is this: Is the information we are putting on the Internet subject to e-discovery collection? The answer is "yes." In fact, the information being put onto social media sites is discoverable and can be used against companies during litigation. Companies should carefully consider their content when tweeting, posting or blogging about company matters. Private Isn't So Private Private information is available in the public domain with consequences that are not fully recognized. Companies are at risk for disclosing information they would like to keep private, whether they are maintaining their reputations, protecting their trade secrets or adhering to regulatory requirements. Therefore, they also need to protect themselves in case of litigation, since any information on the Internet could be found during the e-discovery process. Businesses are in a unique position with respect to social media. These tools provide incredibly powerful marketing capabilities that can also open the door to liabilities, lawsuits and advantages for competitors. Unfortunately, businesses can no longer avoid participating in the online community without missing major opportunities. But once something has been posted to the Internet, this information is available for collection and investigation. Navigating Uncharted Territory One of the questions being asked in recent lawsuits is "Who owns a company's social media profile?" Is it the person that posts or the company whose name is being used? And, if a social media account was created solely for developing a company's business, can the company claim ownership even if the profile has an individual's name on it? In PhoneDog v. Kravitz, the PhoneDog company is suing its former employee, Noah Kravitz, for continuing to post on Twitter after he had left their employment. PhoneDog claims that a Twitter account is similar to a customer list. The case is ongoing, but the outcome of that claim will be important for companies that rely on social media as their primary means of customer contact. In Eagle v. Morgan, the owner of the company kept her LinkedIn account when the company was sold. The new owners sued, and in a preliminary decision, the court held that the account 10 Peer to Peer

• Cover