1. 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

2. Employers, Employees, and Cyberlaw
Employers are Held Accountable for Electronic Content
Criminal Cases are Built from s
Harassment Cases are Built from s

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

4. 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?

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

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

7. 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

8. Employers, Employees, and Cyberlaw
Employee Misuse of Computers
Giving away your password
Using computers for personal reasons
Case 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?

9. 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 Varrenti v. Gannett Co., Inc. (2011)

10. 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

11. 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

12. 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

13. 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

14. 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

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