The Legal and RIM Challenges Posed by Social Networking

1. The Legal and RIM Challenges Posed by Social Networking ARMA Gaithersburg Chapter November 10, 2009 Meeting Christina Ayiotis, Esq., CRM Group Counsel– E-Discovery & Data Privacy, CSC Adjunct Professor, George Washington University Principal Financier, Princess Andrianna Isabella Ayiotis

2. Social Networking Tools • Facebook • LinkedIn • Twitter • Risk Mitigation Through Policy, Ethics Culture • Online Communication Policy • RIM Processes • Security • Discovery Issues • Preservation • Collection • Form of Production Agenda

3. Personal vs. Professional • Facebook helps you connect and share with the people in your life. • Due Diligence- Background Checks • Privacy Rights • Access to Profile Through “Friending” • Statement of Rights and Responsibility; Facebook Principles; Privacy Policy Social Networking Tools- Facebook (www.facebook.com)

4. Personal vs. Professional • LinkedIn is an interconnected network of experienced professionals from around the world, representing 170 industries and 200 countries. You can find, be introduced to, and collaborate with qualified professionals that you need to work with to accomplish your goals. • LinkedIn is free to join . . . LinkedIn participates in the EU Safe Harbor Privacy Framework and is certified to meet the strict privacy guidelines of the European Union . . . All relationships on LinkedIn are mutually confirmed, and no one appears in the LinkedIn Network without knowledge and explicit consent. • Executives from all Fortune 500 companies are LinkedIn members. Social Networking Tools- LinkedIn (www.linkedin.com)

5. Due Diligence- Background Checks • Privacy Rights • Access to Profile Through Corporate Contracts • User Agreement/Privacy Policy • Who Should Be in Your Network Social Networking Tools- LinkedIn (www.linkedin.com)

6. Professional vs. Personal • Share and discover what’s happening right now, anywhere in the world. • In countries all around the world, people follow the sources most relevant to them and access information via Twitter as it happens—from breaking world news to updates from friends. • Twitter is a free Web site designed to provide the exchange of public content in the form of 140 characters messages sent from the Web interface or from a user’s phone.  All users of Twitter agree to the Terms of Service and Privacy Policy at the time of sign up, which allows Twitter to govern the site. Social Networking Tools-Twitter (www.twitter.com)

7. Terms of Service/Privacy Policy • Who Follows You • Guidelines for Law Enforcement • What user information does Twitter have? • Private information requires a subpoena or court order • Data retention information Social Networking Tools-Twitter (www.twitter.com)

8. Social Networking and Reputational Risk in the Workplace. Deloitte LLP 2009 Ethics & Workplace Survey Results http://www.deloitte.com/dtt/cda/doc/content/us_2009_ethics_workplace_survey_220509.pdf • 15% of Executives Addressing Issue in Boardroom • 17% have programs to Monitor and Mitigate • 60% Executives- “Right to Know” • 53% Employees—”None of Employer’s Business” Risk Mitigation Through Policy, Ethics Culture

9. Online Communication Policy • Dell– “ . . . communications [must be] transparent, ethical and accurate.” • Dell’s Code of Conduct • Inside and outside the company • Word of Mouth Marketing Association Code of Ethics (www.womma.org/ethicscode.htm) • RIM Processes • Security • Inside the Network/Four Walls Risk Mitigation Through Policy, Ethics Culture

10. Preservation • Lack of Physical Possession • Requires Collection • Subpoenas/Warrants • Collection • Forensic • Allocation of Costs • Form of Production • Screen Shots, Wayback Machine • “Native” Format, TIFFs, etc. Discovery Issues