Archive for the ‘Legal and Regulatory’ Category

Social Media Policy Database Surpasses 200 Policies

Friday, May 4th, 2012

The social media policy database that I created in 2009 recently grew beyond 200 policies — with 150 submissions from people around the world.
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I’d like to thank everyone who has made this project a success, by sharing their policies and feedback during the past three years.

I began the database by scouring the web to find around 50 policies in 2009, and nearly all of the subsequent 150 policies came from people submitting suggestions, all over the world.

Some of my observations and lessons about social media policies will be included in my upcoming book about enabling employees in social media at large organizations, co-authored with Susan Emerick of IBM, which will be released later this year.

I am grateful to the community for this chance to facilitate and curate.

Thank you.


Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.

4 Reasons NOT to Demand Login Credentials to Employee or Candidate Personal Social Accounts

Tuesday, March 27th, 2012

Employers should not require employees or job candidates to surrender login credentials for their personal social media, for the following reasons:

  1. You may encounter information which tells you that the person is in a protected group, and expose your company to a discrimination claim.
  2. You may create the impression that you are a distrustful and disrespectful employer, thereby damaging your corporate reputation.
  3. How would your IT Security team feel to know that your employees surrender their passwords when asked?
  4. You risk creating an environment wherein your people feel empowered to violate employee privacy.

Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.

Meet Me at SXSW 2012

Wednesday, February 8th, 2012

I’ll be at SXSW again this year, and happy to connect with marketing leaders about measurement, strategy and governance of social media.
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I live in Austin, so I am here year-round, but my colleagues from Converseon will also be in town for SXSW, including Rob Key, our CEO.

Looking forward to connecting with new folks in Austin.


Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.

Common Mistakes in Social Media Policies

Thursday, January 26th, 2012

As the FTC increases its enforcement of its Guides, social media policies are getting a lot of attention, marketing attention from law firms, and blogs that offer bad or incomplete advice. Here are a couple of mistakes I’ve seen in recent blogs about social media policies:
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Stating “This is my personal blog. All views expressed here are solely mine and not those of my current or past employers.” — which is stating that the opinions you express are your own — is the opposite of disclosure. An example of disclosure would be writing an opinion about a magazine’s publisher, and then disclosing to readers that you get paid to write for the magazine.

The FTC requires that brands and their agencies maintain and train their people on social media policies that ensure compliance with FTC guides. As a brand, your policy responsibilities extend to your agencies, so make sure they are meeting their obligations.

In fact, the FTC recently published guidance a framework for brands to ensure they are doing the right things, which I describe in this post.


Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.

FTC Tell Brands What to do With 3Ms

Wednesday, January 25th, 2012

The FTC recently clarified brand responsibilities for social media policies, in the form of Three Ms, as follows:
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  1. Mandate a policy that’s in compliance
  2. Make sure people you work with (or on your behalf) know what is in compliance
  3. Monitor for compliance (reasonable systems must be in place). The FTC does not seem to accept affiliate agreements alone as evidence that companies are policing their affiliates.

When the FTC says Monitor, they mean that you should audit and spot check your processes. They are not suggesting that you use a social media monitoring tool to track every mention of your brand or campaigns.


Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.

WOMMA Releases Privacy Guidance — Encourages Transparency

Monday, January 23rd, 2012

On Jan. 19, the Word of Mouth Marketing Association (WOMMA) released the WOMMA Guidance on Privacy, a set of self-regulated privacy guidelines that focus on social media and the use of consumer Personally Identifiable Information (PII).
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Referring to recent FTC settlements against Google and Facebook, WOMMA applauded recent FTC efforts to raise the issue of privacy, and for making transparency a key point.

Along with some major brands and agencies, WOMMA and its board of directors agreed upon core principles for protecting privacy across all marketing and communications channels. WOMMA’s Guidance on Privacy are aspirational core principles to follow, and are not mandated or required guidelines for the industry.

WOMMA stated on their blog, that, while privacy is a multi-faceted issue, WOMMA believes that transparency and choice are at the heart of establishing and sustaining the meaningful connection between brands and consumers.

Excerpts from WOMMA’s Perspective on Privacy:

  • Brands should be open and honest about PII that they are collecting, using and sharing from consumers.
  • Brands should use PII collected from or about consumers for the purposes that they have clearly communicated.
  • Brands should collect PII that is relevant and necessary to accomplish the specified purposes.
  • Brands should not retain PII for longer than necessary to fulfill the specified purposes or to otherwise meet legal requirements.
  • Brands should employ relevant and reasonable measures to protect PII.
  • Brands should be accountable for complying with these principles, by providing consumers with a readily accessible means to express concerns or complaints.

“In the relationship between the advertiser and customer, sensitive information can be transmitted, whether financial or personal,” said Anthony DiResta, Partner at Winston & Strawn and WOMMA General Counsel. “It is the sensitivity of that information that creates concerns about privacy, and WOMMA believes that transparency and choice are at the heart of establishing and sustaining the meaningful connection between companies and their customers.”

“Privacy is becoming an increasingly important topic for both brands and consumers,” said Paul M. Rand, President/CEO of Zocalo Group and WOMMA Immediate Past President. “The principles set forth in WOMMA’s Guidance are meant to educate our members and the industry as a whole on key privacy issues, and we look forward to continuing the discussion.”

In disclosure, I serve on the WOMMA Member Ethics Advisory Panel.


Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.

U.S. Judge Says Twitter Stalking is Not Real Stalking

Thursday, December 22nd, 2011

The FBI brought William Lawrence Cassidy to trial for sending more than 8,000 distressing tweets over 2 months, to a leader of a Buddhist group. During that time, he threatened her life and wrote tweet haikus containing disturbing images of violence. His efforts scared her so much that she refused to leave her house for 18 months, but the judge overseeing the case ruled that Cassidy’s tweets were protected speech under the First Amendment, as they appeared on a public bulletin-board-like forum.
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The judge said:

“…while Mr. Cassidy’s speech may have inflicted substantial emotional distress, the government’s indictment here is directed squarely at protected speech: anonymous, uncomfortable Internet speech addressing religious matters.”

According to the New York Times, the judge compared Twitter to communications during the colonial period:

He said, “A blog is like a bulletin board that a person of [the colonial period] might have planted in his front yard. If one colonist wants to see what is on another’s bulletin board, he would need to walk over to his neighbor’s yard and look at what is posted, or hire someone else to do so.”

With Twitter, he went on, news from one colonist’s bulletin board could automatically show up on another’s. The postings can be “turned on or off by the owners of the bulletin boards,” he wrote. In other words, one can disregard what is posted on a bulletin board. “This is in sharp contrast to a telephone call, letter or e-mail specifically addressed to and directed at another person,” the judge concluded.


Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.

Schools Searching for Social Media Policy Examples

Friday, November 18th, 2011

A few people have emailed me seeking examples of social media policies for schools or school districts, but I don’t have any such examples, so I would like to ask readers to help find any folks who have worked through social media policies for schools. If you send me example policies, suggestions or lessons from working through such school policies, I will gladly publish them on this site.
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Please ask anyone you know who works with schools and policies, so we can find and share the best thinking with the many education professionals who are working through the challenges of social media in their schools.

You can send any suggestions here.

Thank you.


Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.

SEC Launches Web Site for Whistleblowers

Monday, November 7th, 2011

In August of this year, the Securities and Exchange Commission (SEC) launched a web site for employees to report violations of securities laws, and if a submissions leads to enforcement by the SEC, the submitter can earn 10 – 30 percent of any fraud recovery or monetary sanctions of over $1 million..
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In addition, the SEC will publish a list of 170 enforcement actions taken in the past year, and any whistleblowers involved in those cases can claim their rewards through the site.

Rewards can be substantial. For example: in July 2010, the SEC forced Goldman Sachs to pay $550 million for misleading investors about a subprime mortgage collateralized debt obligation they marketed.

(via Aarti Maharaj at Corporate Secretary magazine)


Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.

CASRO Publishes Social Media Research Guidelines

Wednesday, November 2nd, 2011

The leading trade organization for market research professionals — CASRO — published guidelines for anyone conducting market research in social media.
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The President of CASRO told research magazine that, “These are not mandated standards. We expect these guidelines will evolve based on changes in the social media environment and research industry. As such, comments, additions and edits are welcome and will be given careful consideration by our task force.”

There has been significant debate in the research community regarding the need for guidelines and standards in social media research. In particular, many researchers argue that such research is unethical without express consent of the consumers whose conversations are analysed. Others argue that any publicly available data is OK to use in market research.

Read CASROs guidelines here.

DISCLOSURE
My employer, Converseon, is an active member in CASRO.


Chris BoudreauxChris Boudreaux leads social media strategy and measurement efforts for large B2C and B2B brands. Follow Chris on Twitter, or email Chris to continue the conversation.