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Social Media: Advice for the High School Student

Salene Mazur Kraemer, EsquireBusiness Lawyer and Strategic Consultant

Jim Davis, Esquire, Hancock County ProsecutorBusiness Lawyer

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SOCIAL MEDIA REVOLUTION

• http://youtu.be/3SuNx0UrnEo

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Social Mishap #1

“Harlem Shake”

Who: StudentsSocial Mishap: YouTubeWhat went wrong? All over the US high school and college students are getting suspended and parents are suing school districts over these “dance” videos.

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Social Mishap #2

Chad OchocincoWho: Football PlayerSocial Mishap: TwitterWhat went wrong? Fined $25,000 for tweeting during an NFL game time ban

Mark Cuban also got a $25,000 fine from the NBA for tweeting grievances about referees

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Social Mishap #3

Hurricane SandyWho: Fashion Retailers (Gap and Urban Outfitters)Social Mishap: TwitterWhat went wrong? Both fashion retailers promoted selling their products by playing a pun off of Hurricane Sandy

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Social Mishap #4

ESPNWho: Sports News BroadcasterSocial Mishap: WebsiteWhat went wrong? When announcing the first American basketball player of Chinese origin Jeremy Lin, ESPN used the offensive word “Chink”

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What is Social Media?“[B]lending of technology and social

interactions for the co-creation of value” -Wikipedia

• A group of Internet-based applications that build on the ideological and technological foundations of Web 2.0, which allows the creation and exchange of user-generated content, as opposed to the passive viewing of content.

• CGM-consumer-generated media.

• Users create online communities to share information, ideas, personal messages, and other content

What Is Social Media?

Social Media

Social Networks (Facebook; LinkedIn)

Microblogs (Twitter)

Blogs

Media Sharing Websites

(YouTube, Flickr, Slide.com)

Collaborative Sites (wikipedia;

investopedia)

8Definition Benefits Drawback

sHow To Issues Experiences

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PERFORMANCE:

10Definition Benefits Drawback

sHow To Issues Experiences

LinkedIn

• Update status (events, variety)• Comments/like/share other s’

updates• Engage in groups (discussions/share

news)• Email to target group

Twitter• Tweet re: services /products, industry trends/know how, tips, advice, personal stories

• Retweet• Respond to @replies/mentions• Comment on other users’

links/tweets• Ask questions in tweet• Use hashtags/tweetups• Socialize• Use lists/favorites

Facebook

• Update status (personal, market expertise, tag friends)

• Share/post links (articles, blogs, news, tag/share)

• Comment /Like (after networking, achievements, bdays,)

• Fan Pages

MY SOCIAL MEDIA STORY

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LINKEDIN: (2007) 1238 connections

BUSINESS BLOG: (November 11, 2009) 58,000 + hits,

68+ posts, 26 subscribers

FLICKR: (2011) salene photostream

FACEBOOK: 836 friends 182 likes (2010)

TWITTER: @salenekraemer

(2009) 1113 followers

YOUTUBE: (2012): 15 videos, 451 views

BANKRUPTCY BLOG: (April, 2013) 6 posts, 79

views

MY SOCIAL MEDIA STORYLINKEDIN:

BLOG:

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MY SOCIAL MEDIA STORY

• TWITTER:

• FACEBOOK:

• FLICKR:13

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Did You Know?

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Nearly a third (32%) of people aged 18-24 use social networking…

in the bathroom.

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Recap of 2012

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Did You Also Know?

• More than half of people aged 25-34 use social networking in the office, more than any other age group.

• Did you know that one out of eight couples married in the United States in 2010 met via social media?

• On the other hand, 20% of divorces are now blamed on Facebook.

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DRAWBACKSWhy We Are Here Today

• Ruin College Admissions• Ruin your reputation• Can get fired from job or never hired• Can be a victim of harassment, discrimination, stalking,

bullying• Can face criminally liability (jail +$)• Can face civilly liability ($)

– Contract/Regulatory– Tort– Intellectual Property– Evidence in court against you

Viral

Permanent

Non-private

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College Search

• 82% of admissions officers use Facebook to recruit prospective students– 80% of admissions officers have received friend

requests from prospective students

• Scholarships: Social Media sites offer scholarships (ie Twitter, Facebook)

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Job Search

• 34% of employers who scan social media profiles found content that has caused them not to hire a candidate– About 50% due to provocative or inappropriate photos and

information posted on his or her profile– 45% due to evidence of drinking and/or drug use – Other reasons:

• Profile displayed poor communication skills, • Candidate bad mouthed previous employers, • Candidate made discriminatory comments related to race, gender,

or religion• Candidate lied about qualifications

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Social Media Screening

• 37% of employers use social networks to screen potential job candidates (2 out of every 5 companies)– 65% to see if the job seeker presents himself or

herself professionally– 51% to see if the candidate is a good fit for the

company culture– 45% to learn more about his or her qualifications

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Getting a Job

• 61% use as primary professional network• 87% trust LinkedIn as source for decision

making• >2.6 Million companies have Company Pages• LinkedIn recommendations can get you hired

faster

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Remember?

Anthony WeinerProfession: (Ex)CongressmanSocial Mishap: TwitterWhat went wrong? Instead of “direct messaging” he tweeted a picture of himself in boxers. He lost his career.

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Facebook Fired

Ashley PayneProfession: (Ex) School TeacherSocial Mishap: FacebookWhat went wrong? Ashley was asked to resign from Apalachee High School after posting pictures of herself drinking (one was at the Guinness Factory in Ireland) and Facebook status updates with expletives.

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FiredA 22-year old was offered a job and excitedly tweeted about it. The tweet was passed on to the Hiring Manager at Cisco and his offer for the “fatty paycheck” rescinded

Domino’s employees uploaded a video on YouTube of them doing disgusting things to food. They were subsequently fired.

Legal Issues

Intellectual Property Employment Law (harassment, discrimination)

Tort Contract/Regulatory

26Definition Benefits Drawback

sHow To Issues Experiences

Legal Issues

Cont

ract

/Re

gula

tory

Tort

Inte

llect

ual P

rope

rtyTrademark

infringement

Contributory infringement

Copyright infringement

Secondary infringement

Fair Use

Trade Secret violations

Right of Publicity

Namesquatting

Impersonation

Defamation (libel)

Invasion of privacy

Breach of contract

False Advertising

Promotions/ Sweepstakes

Unfair competition

27Definition Benefits Drawback

sHow To Issues Experiences

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How to Get Fired or in Deep Trouble

• Breach express policies. • Criticize your employer, your boss, co-workers,

clients, products or services.• Make offensive, negative, disparaging

comments.• Make controversial comments without saying

“Views Are My Own, Not My Employer’s.”• Make disclosure if paid to post.

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How to Get Fired or in Deep Trouble(cont’d)

• Speak on behalf of a company, group without authority• Post pictures without consent, SOURCE• Impersonate or fake post• Disclose confidential information• Tell lies/untruths• Loaf on Social Media• Plagiarize on people’s words, videos, images. SOURCE

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Other Criticisms of Social Media• LACK OF CONCENTRATION: Middle-school, high school and college students who used

Facebook at least once during a 15 minute period got lower grades overall. “Fast (Internet/social) media and deep slow thought don’t mix well.”

• LACK OF HUMAN INTERACTION: American youth are showing severe lack of social skills.

Loneliness.• DISTORTS REALITY: Posting how you want to appear.• ADDICTION: A certifiable medical condition. One psychiatrist

claims he treats as many as 100 case/year. • OTHER: insomnia, mood swings, attention deficits at school and

increased obesity

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Pearls of Wisdom

1. MANAGE YOUR BRAND: what you do, buy, wear, read, experience, say, comment, “like” (Keep clean accounts; no inappropriate postings and pictures).

2. PRIVACY (Tighten so only friends can see).3. GOOGLE AND GOOGLE ALERT YOURSELF. 4. MONITOR (pages at least 1/week).

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Pearls of Wisdom (cont’d.)

1. REVIEW OLD POSTINGS. go back to when you first joined social media)

2. WHAT ARE YOUR FRIENDS SAYING ABOUT YOU? get and give approval before pictures are posted).

3. DON’T BE NAIVE: relationships can be fleeting in high school!!!

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RULES OF THUMB

1. If you don't want your parents to see it, don’t post it.

2. DON’T BE A COWARD: If you wouldn’t say something to someone’s face at a meeting or picnic or party, don’t email, text or Facebook it.

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DO:

1. Think 3X before sending anything.2. Walk away from phone or computer if angry.3. Remember you are likely monitored.4. Comply with any school, team, group, club,

employer policies (logo, branding, disclosures, disclaimers, mission statements).

5. Be authentic.6. Be respectful.7. Cautiously discuss politics/religion.

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DON’T:

1. Forget your acts may be imputed to your school, team, club, group, employer

2. Be negative. Do not disparage anyone period.3. Be insincere or fake.4. Give away too much location/personal data.5. Tag with wild abandon.6. Swear.7. Spam.8. @reply when you meant to DM.9. Post to a wall when you should have emailed via INBOX.

SOCIAL MEDIA POLICIES

http://www.youtube.com/watch?v=8iQLkt5CG8I

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One Government’s Employee Social Media Training Video

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Salene Mazur Kraemer, Esquire, MBA, CTP-D

salene@mazurkraemer.comKatie Imler, JD/MBA Student,

Pitt Lawkatie@mazurkraemer.com

MAZURKRAEMER BUSINESS LAWreinvigorating our economy, empowering entrepreneurship one business at a time

BANKRUPTCY * BUSINESS LAW *STRATEGIC CONSULTING*LITIGATION* INTERNET LAW PITTSBURGH, PENNSYLVANIA WEIRTON, WEST VIRGINIA

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MAZURKRAEMER BUSINESS LAWMail to : 3205 Pennsylvania Avenue, Suite B, Weirton WV 26062

Phone: 304.300.0593 (WV)Phone: 412-427-7075 (cell) Website: www.mazurkraemer.com Fax: 1-888-718-6752 Follow Us on Twitter: www.twitter.com/salenekraemerLet's Get LinkedIn: www.linkedin.com/in/salenekraemer Facebook: https://www.facebook.com/#!/MAZURKRAEMERlaw Watch Us on YouTube: http://www.youtube.com/user/mazurkraemer

LICENSED TO PRACTICE LAW IN PA, WV, AND NJ

RESOURCES

*The 6Ps of the BIG 3™ for Job-Seeking JDs, by Amanda Ellis http://www.6psbig3.com/blog/index.php/buy-the-book/ or http://amzn.com/0578053039.

•PBI.org’s CLE Facebook, Twitter, Blogging- Oh My Space, available here http://tinyurl.com/3sasdjm

•See also posts we made to our Twitter Feed @salenekraemer and our Mazurkraemer Facebook Page.

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EXPERIENCES?- THE TOP 10 SOCIAL MEDIA DISASTERS OF 2011

David Amerland VIDEOhttp://www.youtube.com/watch?v=hsYMFSR9CUQ&feature=youtu.be

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Definition Benefits Drawbacks

How To Issues Experiences

Experiences?- The Top 10 Social Media Disasters of 2011

10. Chrysler9. Qwikster8. Qantas7. Godaddy.com6. Unilever (Ragu)5. Kenneth Cole4. Anthony Weiner3. Virgin America2. Paypal1. Blackberry

-David Amerland

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Definition Benefits Drawbacks

How To Issues Experiences