Welcome to my weekly roundup of issues at the intersection of social media and the law. In this edition we look at the legal ramifications of using Web-based images in blog posts, managing digital assets from beyond the grave, EU criticism of Google?s privacy policy, efforts to legalize online poker, a government report calling for more regulation in the mobile industry, and a Canadian lawsuit that redefines employee privacy on company-owned computers. Here goes:
Web images, blog posts, and the law:
Bloggers, take note: just because you can copy and paste a picture from Google images doesn?t mean you should. Because ?freely available? doesn?t mean free, explains attorney Travis Crabtree at Looper Reed & McGraw: ?Not only is simply copying something from the web a moral issue, it can get you into legal trouble.? Fortunately, there are a number of ways to obtain the legal rights to use photos in your blog posts. Unless defending a copyright infringement lawsuit is high on your bucket list. (Looper Reed & McGraw)?
Who will log me out when I?m gone?
Toto, I don?t think we?re in the 20th century any more... Do you know what will happen to your digital assets?when you?re no longer around to sign on and shut them down? It?s a growing concern, and one that could have significant financial repercussions for family and business partners, writes attorney Michael Brennan. Consider the increasing number of bank statements, bills, tax returns, and other financial documents you receive solely in digital form. Your email, online shopping, and social media accounts. PayPal, online banking, credit cards, bill pays. What to do? A good first step is a power of attorney that allows other to tend to your affairs. But it?s not the only one. (The Virtual Attorney)?
Europe to Google: you?ve got four months:
European authorities released their report on Google?s privacy policy and associated practices this week, write Kolvin Stone and James Drury-Smith of law firm Orrick. The report, prepared by one of the EU?s toughest data protection regulators, the French Commission nationale de l?informatique et des libert?s, is highly critical of Google?s policy. But it isn?t all bad news for the Internet search giant, which escaped fines and sanctions, and was given four months to adapt their privacy policy to European standards. Watch this space. (Orrick)?
C?mon baby, Daddy needs a new poker law:
Betting on internet poker in the near future? The odds are getting better (but not by much). Senators Harry Reid and Jon Kyl released this week a draft of their online poker bill, mysteriously named the ?Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012.? The bill proposes legalizing internet poker at the federal level, creating an Office of Online Poker Oversight to regulate the industry, and allowing states and Indian tribes to opt in and affirmatively choose to participate in the program. Sound too good to be true? It may be: the bill in its current form is likely to face steep opposition from a number of parties, including states considering their own internet poker laws. But even if this version doesn?t pass, it?s an important first step for the future of online gaming. (Ifrah Law)?
GAO calls for greater regulation of location data in mobile industry:
The Government Accountability Office has released a report?calling for more federal regulation of the way that mobile industry companies collect and use location data. According to the report, users generally don?t know how the companies and third parties are using their data, or that they could be exposed to increased risks, such as identity theft and unauthorized police surveillance. Recommended actions include industry codes of conduct and FTC guidance for mobile companies (BuckleySandler)?
Canadian employees entitled to privacy on work computers:
Canada?s Supreme Court has ruled in R. v. Cole that employees ?may reasonably expect privacy in the information stored on their work-issued computers.? The decision found that workplace policies do not eliminate constitutionally protected privacy rights. For Terri Susan Zurbrigg and Greg Sim (Field Law), the ruling nevertheless demonstrates the importance of computer use policies for establishing ?the rules of the game? for employee use of workplace technology. This isn?t the final word on the subject, write Andrea Raso Amer and Eric Sherbine (from Fraser Milner Casgrain): the defendant did not challenge his employer?s actions, so the court did not look at employer rights to monitor computers used by employees. (Osler) (Field Law) (FMC)?
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