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The advantages and risks of social networks and a look into the future Presented by: Rob Cutbirth - Tucker Ellis LLP and Demetra Johal & Marc Leibowitz Laughlin, Falbo, Levy & Moresi LLP

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WHAT IS A SOCIAL NETWORK? Social Networking refers to web sites that allow people to connect with one another and to share common personal or business interests, thereby creating a virtual community. Social Networks are often established or joined by public agencies to educate the community as to their presence and services provided.

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examples of social networking sites

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TYPES OF RISKS Data Protection Inadvertent Dislosures and Network Hacking (Privacy) Multimedia/Website (Privacy, Copyright) Improper Use and Communications (Libel/Slander; Failure to Monitor or Protect; Improper Contact) Content Protection (Loss of Federal Funding) Directors and Officers (Failure to Act/Protect)

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THE BIG 3 Employers Rights to Monitor Information and Communications Employers Rights to Control and Manage the Workplace Employers and Employees Rights and Capabilities in Litigation

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RIGHT TO MONITOR Whats the Issue?

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WHY Monitor? FERPA/HIPAA Confidentiality Obligations Duties to Protect Safety of Individuals/Students Funding Issues/Obligations CIPA Filters Vendors Attempting to Avoid Liability Community Relations Parent Complaints Inconsistent Messaging Inaccurate/Inappropriate Messages

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HOW DO WE Monitor? Sniffers General and Random Reviews Word/Content Searches Usage Statistics The Reality Responding to Information/Questions/ Complaints

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POLICIES Holmes v. Petrovich Dev. Co., LLC, 191 Cal.App.4th 1047 (2011) If an employee is aware of a company policy allowing for a monitoring of emails, or of a company policy stating that an employee should have no privacy rights/expectations in email or on information stored on computer equipment, the employer can review the emails and any stored data on a local station or network server, even if the communications are between the employee and his/her legal counsel (evidencing very broad confidentiality/privacy waivers).

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POLICIES and training Appropriate Training and Available Acceptable Use Guidelines Appropriate Master Policies District Technology (Networks/Websites/PDAs/Email) Employee Technology (Personal iPads/PDAs/Laptops) Guest/Volunteer/Student/User Technology Appropriate Agreements for Access and Use Access (When, Where, How) Use (Positive And Productive Work-related/Site-Related Behaviors)

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Specific Thoughts All agency/work related communications must be issued through the agencys network Policies should be adopted against independent use of personal email accounts to transmit agency business (Safety/Legal) No texting of confidential/work-related information over personal channels (Privacy) Personal PDAs/iPads should be password protected (Privacy) Personal Websites developed by employees for work-related purposes must be pre-approved and reviewed (Control/Management; Risk Management Regarding Content, Copyright, Approved External Links) Limitations on blogs or the ability of third parties to comment or post to your website (Risk Management Libel/Slander/Improper Comment)

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Risks of not monitoring Potential Loss of Funding Front Page Adverse Media No Defense of Reasonable Preventative Measures No Ability to Counsel and Prevent Employees from Making Serious Mistakes Headline: This years hottest teachers who allegedly got busy with their students

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WORKPLACE MANAGEMENT Screening Job Applicants (37% of employers use social media to screen applicants; 43% of candidates are not offered positions as a result) Disciplining for Bad Behaviors and Time Wasters Preventing/Addressing Hostile Work Environment

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Some of our Behaviors Comments made to Australian Prime Minister

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Standards? San Diego USD. v. Comm. on Prof. Comp., 194 Cal.App.4th 1454 (2011): [T]he calling [of a teacher] is so intimate, its duties so delicate, the things in which a teacher might prove unworthy or would fail are so numerous that they are incapable of enumeration in any legislative enactment.... His ability to inspire children and to govern them, his power as a teacher, and the character for which he stands are matters of major concern in a teacher's selection and retention. There are certain professions which impose upon persons attracted to them, responsibilities and limitations on freedom of action which do not exist in regard to other callings. Public officials such as judges, policemen and schoolteachers fall into such a category.... And as our Supreme Court said in Board of Education v. Swan A teacher... in the public school system is regarded by the public and pupils in the light of an exemplar, whose words and actions are likely to be followed by the [students] coming under [his] care and protection. [Underlining Added]

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Collective bargaining speech Design Tech. Grp. LLC d/b/a Bettie Page Clothing, 359 NLRB No. 96 (April 19, 2013) Protected Facebook Postings under Sections 7 &8 of the NLRA: Holli Thomas: Needs a new job. Im physically and mentally sickened. Vanessa Morris: Its pretty obvious that my manager is as immature as a person can be and she proved that this evening even more so. Im am [sic] unbelievably stressed out and I cant believe NO ONE is doing anything about it! The way she treats us in [sic] NOT okay but no one cares because everytime we try to solve conflicts NOTHING GETS DONE!! Holli Thomas: 800 miles away yet shes still continues our lives miserable. Phenomenal! Vanessa Morris: Hey dudes its totally cool, tomorrow Im bringing a California Workers Rights book to work. My mom works for a law firm that specializes in labor law and BOY will you be surprised by all the crap thats going on thats in violation 8) see you tomorrow!

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