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Cynthia Hetherington www.hetheringtongroup.co m [email protected] Cynthiahetherington HetheringtonGroup @HetheringtonGrp Social Media & Loss Prevention Employees & Customers

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Cynthia Hetherington

[email protected]

CynthiahetheringtonHetheringtonGroup@HetheringtonGrp

Social Media & Loss PreventionEmployees & Customers

Cynthia is a…• Librarian• Analyst• Investigator• Certified Fraud Examiner• Security Practitioner• Author of:

– Business Background Investigators– The Manual to Online Public Records– Web of Deceit– Data2Know.com: Internet & Online Intelligence Newsletter

Public Information• Business profile• Academic history• Business connections• Personal affiliations• Hobbies• Sports teams• Opinions• Work schedule• Height, weight, gender• Travel schedule• Caffeine or no?

• Intellectual property• Political & charitable causes• Photos of yourself, your family

and friends• Videos inside facilities• Where you are and what you

are doing every minute of the day!

• Updates on family events• Drug habits• Illnesses• Sexual preferences

No one seems concernedo Children are posting

o Predatorso Business Professionals are posting

o Competitors and Bosses are watchingo Everyone’s posting

o Reality TV meet Reality Blogger

Some examples of over exposure!

The Weakest Link

• Vincent "Make everyday the best day of your entire life!!!!"

• Male 24 years old• Clifton, NEW JERSEY

Works for Large German Manufacturing Company

• Former Marine

Are those network schematics?

Hello?

• Employed by:

• Large German Manufacturing Company Passaic, NJ, USComputer Programmer01/04....CURRENT

                                            

CENSORED

Meet Peter from Happy Family Co.• Male 22 years old

Los Angeles, CA• HFC Feature Animation• Burbank, CA, US• Programmer, Editorial/Post-

Production Technical Department

• Lawrence Livermore National Laboratory

• Livermore, CA, US• Computer Programmer

Intern, Defense Nuclear Technology

• Peter’s packing!

                                            

• George Sodini• Nidal Hasan• Jared Loughner• James Holmes• Anders Behring Breivik

Employee Violence Signs

Patricia Russo

• Bart Ross (57) electrician and cancer survivor who had spent the final years of his life in an escalating spiral of anger trying to blame doctors and lawyers for what he deemed ineffective care during his cancer treatment. Ross was believed to have killed a Chicago federal judge's husband and mother (Michael Lefkow [64] and Donna Humphrey [89], respectively) in retribution for having his case thrown out of federal court and was linked to the killings by a DNA match to a cigarette butt found at the scene of the murders. Ross killed himself after a routine traffic stop in Allis, Wisconsin on March 9, 2005.

Kidnapped ex-Sara Lee Exec Found Dead in Tenn.

• James David Cockman, 71, had been missing from Landrum, SC after a planned meeting with a couple interested in buying his sport utility vehicle, Tuesday, Sept. 14.

• The Greenville County Coroner's Office ruled Jim Cockman's death a homicide. The deputy coroner said that duct tape had been wrapped around Cockman's head from his shirt collar to his eyebrows, and that Cockman suffocated as a result. Police say murder charges may follow for the two in custody.

Legal Issues• Social media and the law is still the Wild West.• Many courts are still apply the traditional laws

dealing with labor, trade secrets, and compliance.

• However, the judges take into consider the way users post anything/everything without consideration for their own privacy.– Romano v Steelcase Inc. (2010 NY Slip Op 20388)

Keeping up with the Legal Issues• www.socialmedialawupdate.com by Michelle

Sherman of SheppardMullin Law Firm.

Policy Management• Have one!• In the end, it is the best solution for the legal

issues that occur.• Provide internal training for employee use of

office accounts and equipment.• Remind employees that use of the company

name or image, outside of the office, is not permitted without permission.

• Have a technology solution to manage users.

Queen of the Sky• A flight attendant for Delta Air Lines for 8

years was fired in 2004 for posting alluring pictures of herself in her uniform on her blog, Diary of a Flight Attendant.

• Her identity was exposed once she posted her pictures.

• After her dismissal, Ellen fought back with a sexual discrimination suit, championed blogger’s rights, and wrote a book, Diary of a Dysfunctional Flight Attendant: The Queen of Sky Blog.

Social Media and Your Employees

• Have a written agreement.• Manage your content and trade secrets.• Remove all access when an employee

leaves.• Make sure your intentions are clearly

stated.

Written Agreements• A Statistical Analysis of Trade Secret Litigation in

Federal Courts • From 1950 through 2008, it was found that

employees prevailed winning 54.1% of the summary judgment motions versus their employers.

• The study also found that while there is no guideline for reasonable measures an employer must take to protect its trade secrets, the most important thing an employer can do is to have a confidentiality agreement with its employees.

Social Media and Expectations• Your expectation of privacy can be exploited by

your employee’s social media exposure. • A federal court in the Eastern District of New

York held in August 2010, that a customer list of an executive search consulting firm was not a trade secret given the fact that the list and needs of the firm's clients could be pieced together through internet searches.

• Create a review process for all outgoing media.

Kick Them Out• Act Promptly To Remove Employees From Social

Media Accounts When You Know The Employment Relationship Is Ending.

• Along with taking possession of their credit cards and cellphones, change the locks, the passwords and user permissions for all media devices.

• Explain to them that they are no longer permitted to speak (post) for the company.

• Remind them of the confidentiality agreement.

Be Clear in your Non-Compete• If you have a social media non-compete or

confidentiality agreement with your employees, make sure your intentions are clearly stated.

• Have a clearly written policy about what is permissible to post, what needs to be approved and what happens at employee termination.

• Have the employee review and sign off annually.

What’s out there?• Try out your own investigative skills.• It’s not just for ex-girlfriends and stalkers.• KNOW what is findable about yourself!

Linkedin

There is a generic search box in the Upper right hand corner that allows you to look for people or companies, etc.

Searching Linkedin

The Advanced Search is very robust allowing you to filter by country, industry, school, and other factors.

After conducting your search if you have multiple entries, you can narrow down from the filter list on the left.

Linkedin.com

Investigative Notes - Linkedin• You have to have an account with Linkedin in

order to conduct a search.• Linkedin’s Terms of Service states they do not

want you to technically or socially circumvent their security by creating a false profile.

• Most Linkedin profiles are not secured.

Investigative Notes - Linkedin• People tend to use their full and proper names• Linkedin lists the full name after the /in/

– Linkedin.com/in/cynthiahetherington• Read everything. The devil is in the details.• Find out who he or she recommends.• Find out who recommended him or her.

Investigative Notes - Linkedin• Look for inconsistencies with what you already

know. – If you have the resume, compare and contrast.

Follow up• Clear and well understood policies will take

care of most of your issues.• Internal Auditors with an understanding of the

resources that are available and how they can be used.

• Use technology solutions where possible.• Make sure your lawyers & human resources

keep up with change.

Thank you!

CynthiahetheringtonHetheringtonGroup@HetheringtonGrp

Cynthia [email protected]