Using Social Media in the University Setting Every Day University Personnel Have to Walk the Line Developed & Presented by: Anne T. McKenna

Balancing, on the one hand, while on the other… V E R S U Promoting Academic Growth Fostering Educational Goals Advancing Research Protecting Users’ Rights to Speech Protecting Privacy Use of Evolving Technologies Developing Alumni Connections Cultivating the University Image Ensuring Student Safety Enforcing Social Media Use Codes Adhering to Professional Standards Protecting Employees & Students Complying with Law/Avoiding Crime Minimizing University Liability Furthering the University Image Strengthening University IT Systems V E R S U Anne T. McKenna © 2016

What can happen when social media speech crosses the line? We see it in the headlines every day…. Anne T. McKenna © 2016

Scale Permanence Speed Ease Anonymity Speech on Social Media Online vs. Offline Scale Permanence Speed Ease Anonymity Anne T. McKenna © 2016

Anne T. McKenna and Claire T. Gartland © 2016 Magnified & Shared Reflection On School Image Preserved Permanent Think About “Online” Posts No control Over use Speed of Transmission Accessible- By Media & Public Images & Pics Anne T. McKenna and Claire T. Gartland © 2016

Social Media Use and the Law Internet & Computer Law Social Media Activities – governed by Internet, Privacy, Speech, Copyright, Contract & Tort law…it’s a constantly evolving area of law that potentially applies to your social media posts… Intellectual Property & Copyright Privacy and Freedom of Speech Electronic Surveillance Laws Photographs Cybercrimes Torts Evidence Anne T. McKenna and Claire T. Gartland © 2015

Anne T. McKenna, Steven S. Stern, and Claire T. Gartland © 2016 Common digital and online legal problems – all enabled by our social media platforms Revenge Porn Cyberbullying Defamation – also called Libel and Slander Invasion of Privacy Intentional Infliction of Emotional Distress Child Pornography Civil Cause of Action for Wiretapping Tortious Interference with Contractual Relations Hacking Identity Theft Intellectual Property and Copyright Infringement Anne T. McKenna, Steven S. Stern, and Claire T. Gartland © 2016

Legal Problems from Improper Social Media Use Are Distinct Defamation Cyberbullying Intentional Infliction of Emotional Distress Invasion of Privacy Tortious Interference with Contractual Relations Online Speech: Common Risks Online abuse vs. in-person abuse: bullying, stalking, harassment Scale and permanence of online attacks Defamation online vs. traditional media Prevalence of victims and attackers who are minors How this is distinct from “Offline” Speech Risks Anne T. McKenna and Claire T. Gartland © 2015

Laws that May Apply to Inappropriate Social Media Use Federal Law FERPA - the Family Educational Rights and Privacy Act Intellectual Property and Copyright Issues Digital Millennium Copyright Act (DMCA) Commercial Misappropriation of Name or Likeness Communications Decency Act (CDA) Interstate Stalking Punishment & Prevention Act, 18 USC § 2261A Computer Fraud and Abuse Act, 18 USC § 1030 Electronic Communications Privacy Act, 18 USC § 2510, et seq. Federal Child Porn Legislation—Masha’s Law Interstate Communications Act, 18 USC § 875 FTC Consumer Protection Regulations -Data privacy and security -Unfair or deceptive advertising State Law Wiretapping and Electronic Surveillance Control Act, 18 Pa. Cons. Stat. Ann. § 5701, et seq. Cyberstalking, 18 Pa. Cons. Stat. Ann. § 2709.1 Cyberharassment, 18 Pa. Cons. Stat. Ann. § 2709(a), 2709(f) Student Online Privacy Laws - PA – two bills introduced Fall 2015 that are similar to -MD Code, Educ. § 26-401. Protection against intrusion by institution of post-secondary education -MD Code, Education, § 4-13. Operators of school Internet Web sites, online services, online applications, and mobile apps Anne T. McKenna and Claire T. Gartland © 2015

Social Media In the University: Direct Liability Vicarious Liability Negligent Hiring, Retention, Supervision Liability for Use of Systems Notice of Conduct Liability for Failure to Report Liability for Failure to Protect Statutory Damages Invasion of Privacy Data Breaches from Employee Activity Online Reputation Management Social Media In the University: Liability Considerations and Challenges Anne T. McKenna © 2016

IT’S ALWAYS RECORDED Educating Students, Faculty, and Administrators For security purposes, this [email / text / Tweet / Google search / Facebook post / Snapchat / Instragram post / Vine video / GPS location ] is being monitored… WHY? What you view, send, and post to the Internet… Where you are at any given time with a cellphone in “On Mode”… In part, because Federal law requires ISPs to record and store this data for a period of time. Activity is almost always traceable at least to the ISP, and the IP Address. And in part, because companies track and store data to make money. ONLINE BEHAVORIAL TARGETED ADVERTISING IT’S ALWAYS RECORDED

Know and Use Your Resources University Legal Counsel Social Media & Public Affairs Support Student Conduct & Student Affairs PSU IT & PSU AV Be aware of: PSU Guidelines for Marketing Professionals: http://socialmedia.psu.edu/resources/guidelines-for-university- communications-and-marketing-professionals/ PSU Web Privacy Policy - http://www.psu.edu/web-privacy-statement Remember to Communicate & Collaborate Anne T. McKenna © 2016