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

2. 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

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

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

6. 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

7. 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

8. 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

9. 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

10. 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. §
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. § Protection against intrusion by institution of post-secondary education
-MD Code, Education, § Operators of school Internet Web sites, online services, online applications, and mobile apps
Anne T. McKenna and Claire T. Gartland © 2015

11. 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

12. IT’S ALWAYS RECORDED Educating Students, Faculty, and Administrators
For security purposes, this
[ / 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

13. 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:
communications-and-marketing-professionals/
PSU Web Privacy Policy -
Remember to Communicate & Collaborate
Anne T. McKenna © 2016