Chapter 10 Cyberlaw, Social Media, and Privacy Marianne M. Jennings Business Its Legal, Ethical, and Global Environment 10th Ed. Chapter 10 Cyberlaw, Social Media, and Privacy

Employers, Employees, and Cyberlaw Employers are Held Accountable for Electronic Content Criminal Cases are Built from E-mails Harassment Cases are Built from E-mails

Employers, Employees, and Cyberlaw Electronic Communications Privacy Act Applies to live communications Stored Communications Act Probably covers e-mail May not cover live interactions – “Tweeting”

Employers, Employees, and Cyberlaw Case 10.1 City of Ontario v. Quon (2010) What were the officers warned about? Did the city use the last restrictive means for reviewing content of messages?

Employers, Employees, and Cyberlaw Employer’s Right of Access to E-mails Disclosure to employees Sign-off by employees Privacy disclaimers do not apply

Employers, Employees, and Cyberlaw Case 10.2 Holmes v. Petrovich Development Company, LLC (2011) What was different about the content of the employee’s e-mail? What lessons should employees learn from this case about the use of work e-mail for private communications?

Employers, Employees, and Cyberlaw Employer Screening via Google Can conduct pre-employment monitoring Must use with all applicants, not selectively Employer Requests for “Friending” Some states prohibit this requirement as a condition of employment Some states have laws pending Employer should disclose as a condition of employment Admissions Office Screening of Applicants– Some State Laws Pending or Passed

Employers, Employees, and Cyberlaw Employee Misuse of Computers Giving away your password Using computers for personal reasons Case 10.3 New Jersey v. Riley (2009) – What was the type of misuse? – Why does the court have concerns about applying criminal statutes to workplace excesses on computer use?

User Issues in Cyberspace Use of Information Follows FTC guidelines on all uses of consumer information, regardless of how obtained Disclosure of User Identity by ISPs Case 10.4 Varrenti v. Gannett Co., Inc. (2011)

User Issues in Cyberspace Cloud Issues Liability and protections Scanning of information stored there Cookies and Privacy Consent issues Cyberbullying, Cyberstalking, and Privacy State and federal regulation Statutory definitions of conduct for criminal prosecution

User Issues in Cyberspace Statutory Privacy Protections Privacy Act of 1974 – applies to government use of information (NSA, IRS, and Social Security) Computer Fraud and Abuse Act – protects financial information Children’s Online Privacy Protection Act – regulates sites directed at children

User Issues in Cyberspace Posted Information That is Dangerous Ads that encourage criminal activity Dangerous individuals make connections through sites Responsibility of sites to warn, but not required to screen

Appropriation and Others Forms of Unfair Competition Cannot Use Likeness or Image Online for Commercial Advantage Concealed Identity Issues “sock-puppeting” Economic Espionage Act Copyright Issues Digital Millennium Copyright Act No Electronic Theft Act CAN-SPAM

Contract Issues in Cyberspace Formation Electronic signatures are recognized under Electronic Signatures in Global and National Commerce Act (E-sign) Uniform Electronic Transactions Act (UETA) and Uniform Computer Transaction Act (UCITA) Same standards for misrepresentation and fraud apply

Contract Issues in Cyberspace Tax Issues Internet access is not taxed Sales taxes are collected on Internet sales