BLOGS, WIKIS SOCIAL NETWORKS by tls14265

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									 BLOGS, WIKIS & SOCIAL
     NETWORKS
Practical Legal Advice for Navy Medicine’s
       Intrepid Explorers of Web 2.0

               Bob Osing
               Julia Hatch
                       SOCIAL MEDIA
Interaction via Web-Based Technologies

Communication—Social Networks & Blogs
    Facebook, Twitter, MySpace, LinkedIn

Multimedia—Podcasts & Consumer Generated
      YouTube, Google Video, Flickr

Collaboration--Wikis
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             SOCIAL MEDIA STATS
Facebook
           350m active users worldwide
           175m users/day
           35m users update/day
           3.5bn pieces of content shared/week
           130 average number of ―friends‖
           700,000 businesses
           70 translations


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                     MORE STATS
Twitter
            75m user accounts
            27.3m tweets/day
            1.3m/hour
            10bn/year projected in 2010
LinkedIn
            50m members worldwide
Wikipedia
            14m articles
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               SOCIAL MEDIA SPEAK
Blogs, blogging, blogosphere
Social networks
Social media
Web 2.0
Wiki
Cybersmearing
Phishing
Doocing


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                 REWARDS & RISKS
Marketing
            Tell the Navy story
Communication
            Self expression
            Information sharing/collaboration
            Increased productivity
Data Confidentiality/Integrity
Legal Constraints
Misuses
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          DoD’s RECENT DICHOTOMY
Social Media Directory-CHINFO
             DON CIO Blog
             Pac Fleet Commander’s Blog
             MHS Blog
             NHCL
             Haiticomfort.blogspot.com
             milblogging.com
Air Force Practices—Transparency
USMC Ban—Protect the Fortress
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                 NEW DOD POLICY
DTM 09-026 dated 2/25/2010
 Internet Capabilities, including SNS
 Open Access via NIPRNET across DoD
 Defend Against Malicious Activity/Safeguard Mission
     Cyber attacks
     Bandwidth constraints
     Limit internet access temporarily
 Prohibited Content


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                         HURDLES
15,000 Networks/7 Million Internet Devices
Official Presences Require Approval
CHINFO Guidance on Official Uses
       Relevant/Accurate Information
       No PII
       Opinions Accompanied by Disclaimer
Limited Personal Use per JER
Operational Security-Loose Lips Can Still Sink Ships


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               LEGAL LANDSCAPE
Wayward Jurors, Judges, Attorneys
DoD Records Management Policy/Discovery
Other Problem Areas
                  Privacy/Spamming/Phishing
                  Intellectual property
                  Employment
                  Defamation
                  Endorsements
                  Using Government assets
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                              PRIVACY
-   Individuals in personal capacity have some right to
    privacy (not Constitutionally guaranteed)
-   Communications in DoD are subject to monitoring
-   Avoid harassment –civilian personnel actions, EEO
    complaints
-   Obtain permission of individuals before discussing
    information on social networks, or discuss own actions
    only.
    -   Does information belong in the public domain?
    -   Appropriate audience/forum?
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                 SPAMMING/PHISHING
-   Educate your personnel about types of cyberattacks
     - Examples
-   Don’t provide classified information
-   Treat social networking requests for information as
    paper or email requests
     - Utilize standard information release channels, e.g.,
       PAO, FOIA, HIPAA, etc.
     - IT solutions, such as firewalls, anti-virus software
     - Report unusual communications to security, IT

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             PROTECTED INFORMATION
-   Information protected by law, such as HIPAA, FOIA,
    Privacy Act, Procurement Integrity Act
-   Observe ―paper-based‖ restrictions.
-   If you can’t transmit the information via ―traditional‖
    methods, it doesn’t belong on a blog, wiki, or Twitter.
-   Recipient in all blogs, wikis, social messaging sites is
    ―the world‖
-   Consider blog posts and Tweets as ―to the public‖


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                   MORE PROTECTED
                    INFORMATION
-   Potential civilian personnel actions, contractor claims,
    litigation
-   BUMED process for article reviews (BUMEDINST
    5721.3A)
-   Watch for ―opt in‖ and ―opt out‖ privacy terms &
    changes to terms
-   Consider use of own privacy terms for your blog, page,
    etc.



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              INTELLECTUAL PROPERTY
-   Copyright holders have exclusive right to use of and
    reproduction of work
-   Uploading a video, re-posting an article, even blogging
    about another person’s written materials may violate
    copyright
-   Trademark holders face dilution of their trademark if
    used without proper designation
-   Use of a trademarked product without appropriate
    ―™‖ or ―®‖ may dilute trademark

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                 MORE INTELLECTUAL
                     PROPERTY
-   Employee or Navy may be sued for infringement
-   Obtain permission from copyright or trademark holder
-   Beware of linked sites, collaborators’ posts on wikis,
    ―friends,‖ and ―followers‖
-   Consider disclaimers and safe harbors
-   Cite source of information in all instances




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                      EMPLOYMENT
-   Civilian personnel actions must comply with Title 5,
    OPM & DON regulations
-   HR, managers may want to ―research‖ potential or new
    candidates or ―problem‖ employees
-   Follow job announcement & standard hiring
    procedures for candidates
-   Leave background checks to the security offices
-   Anecdotal information  EEO or MSPB cases
    (discrimination); union grievances or ULPs if violations
    of collective bargaining agreements
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                  DEFAMATION/LIBEL
-   Avoid intentionally or potentially harmful statements
    about others
-   Use ―cooling off‖ periods when responding to posts or
    on emotionally charged issues
-   Social networking sites are subject to discovery in
    litigation, releasable through FOIA
-   Social networking is not private, even if marked as such
-   Information may be permanently publicly accessible
-   Results in possible claims and litigation against Navy,
    potential personal lawsuits against individual
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                 ENDORSEMENT/
             COMPETITIVE ADVANTAGE
-   JER prohibits endorsement of non-federal entities and
    products (doesn’t restrict by medium)
-   Blogs/Twitter/Facebook run greater risk of
    endorsement (ease of use, speed, casual conversation)
-   If posted on a ―.mil‖ website, speaks for the Navy
-   If posted by a known employee, reflects the Navy
-   Impact on acquisitions -- competitive disadvantage
    (perceived or actual)
-   Use disclaimers liberally: Use of ―X‖ does not
    constitute endorsement.
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            OFFICIAL USE OF RESOURCES
-   Employees required to use time, equipment for official
    purposes (JER)
-   Use personal Facebook and Twitter accounts after
    hours
-   Don’t combine personal & professional information
-   Productivity measurable by supervisors
-   Spikes in activity, bandwidth measurable by IT dept.
-   Commands require computer users to sign statements
    re: authorized usage, monitoring

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              INACCURATE INFORMATION
-   Employees’ actions and words reflect on Navy
     - Be cautious of information (stand alone and in
        comparison with ―real world‖ statements)
-   Concentrate on areas of expertise
-   Review work prior to posting
-   Others may rely on inaccurate information (whether
    initiated by your post or lack of response)
-   Examples:
    -   medical context, human safety risk
    -   contracting context, competitive disadvantage
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                           TAKEAWAYS
-     ―What happens in Vegas stays on You Tube, Twitter,
      and Facebook…‖ (online source)
-     Advantages to social networking -- serves valuable
      communication, informational, marketing objectives
-     Use caution with social networking, user generated
      content, and wikis
-     Ten seconds to post, permanent archives/public access
-     When in doubt, call counsel!
    Disclaimer: Use of social media and sites in this presentation
              does not imply DoD or DoN endorsement.

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                       BACKUP SLIDE
•   Social networking can be a valuable tool
     • Information dissemination
     • Freeing workforce from answering repetitive
       questions from customers
     • Sharing best practices (medical, logistics, budget
       communities)
     • Information management
     • Electronic learning (any place, any time)



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