social media competence and ethics

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SOCIAL MEDIA COMPETENCE Jabez LeBret [email protected] @gngfound

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Chris Homer [email protected] | @ChrisHomer24

!!

Data Security & Technology DATA & SECURITY

Jabez LeBret [email protected]

@gngfound

SOCIAL MEDIA COMPETENCE

Jabez LeBret [email protected]

@gngfound

@gngfound

• 

CHRIS HOMERChris “Tres” Homer

Senior Campaign Engineer

JABEZ LEBRET

In 2005 Online = WebsiteIn 2014 Online = Avvo, FB, Website, Yelp, etc

create graphic split down sides

2005

Online = Website

2016

Online = Presence

2005 2016

THE FUTURE IS MOBILE

*IDC Research Report 2013

have their phone on or near them for all but up to 2 hours of their waking day.79%

reach for their smartphone immediately after waking up62%

say they can't recall the last time their smartphone wasn't next to them.25%

Among smartphone owners age 18-44

Data Security and Technology

DATA & SECURITYJabez LeBret

[email protected] @gngfound

The Ethical Problem

•  Being “computer illiterate” or not being a “computer person” is no longer an excuse.

•  We’re carrying a computer in our pocket. •  Everyday a basic service moves to online only.

New Model Rule 1.1 Addition of “Technology” -  When you need to be secure -  What needs to be secure -  Tools to use -  Things to Avoid

Technology Becomes Ethics

The ABA’s Five Questions for Data Security What is the sensitivity of the information? What is the likelihood of disclosure if additional safeguards are not taken? Is the cost of employing additional safeguards extraordinary? How difficult will it be to implement safeguards? To what extent will the safeguards adversely affect the lawyer’s ability to represent the client?

Technology

!1. What is the sensitivity of the information?!Some information is considered more sensitive than others. SSN, DOB, or pertinent details to the case should be considered more sensitive. Other facts, like someone’s Twitter handle or university attended, are less sensitive because they are easily attained by an average person and usually carry little weight in most cases.!

2. What is the likelihood of disclosure if additional safeguards are not taken?!This particular question is encouraging lawyers to ask how likely people are to steal confidential information. A great example is the Casey Anthony case. At first, the case was regional. Once the national news began featuring the trial, the likes of Nancy Grace started getting fired up, and this case became highly visible. A highly visible case becomes a much greater target for data security breaches.!

3. Is the cost of employing additional safeguards extraordinary?!A very difficult question to answer. At what point have you crossed the line into “too expensive”? A couple of ways to approach this question would be to determine the potential damages to your client if said information became public, or to look at the average industry cost of standard security protocols (above basic, below enterprise). In most cases, keeping information private is not that expensive, and damages are often due to human error as opposed to a poor investment into a weak tool—but not always.!

4. How difficult will it be to implement safeguards?!Want to send your client fully encrypted emails with files that can’t be shared with anyone? That is going to be complicated. Need to save documents on a secured cloud server? Easy. Having a security process is not a fun task to implement, but it doesn’t have to be difficult and should be considered your first step in data security.!

5. To what extent will the safeguards adversely affect the lawyer’s ability to represent the client?!Some data protection protocols can be cumbersome at best. Expecting a client to operate on a clean laptop with secured wifi access and a user key for encrypting messages could mean you rarely hear from your clients. If your security measures are so strict that you—or your clients—find it prohibitive to function through the legal matter, you may want to dial back the restrictions—just not until you answer the first four questions.!

@gngfound

PASSWORDS

Wifi

Wifi

@gngfound

SOCIAL NETWORKS

Hashtag # - Anchors and Tags Messages Privacy Settings Profile Page Login Screen Index or Indexing

Terminology

@gngfound

FACEBOOK DEMOGRAPHIC CHANGES

• Kids leaving Facebook

• Fastest growing demographic is adults ages 35-55

• Behavior is drastically changing

@gngfound

SNAPCHAT FASTEST GROWING

• Under age of 35

• Semi-Private

• Discovery Issues

@gngfound

SNAPCHAT FASTEST GROWING

• Under age of 35

• Semi-Private

• Discovery Issues

@gngfound

SNAPCHAT FASTEST GROWING

• Snaps • Stories • Filters • Groups

@gngfound

Instagram

@gngfound

@gngfound

@gngfound

Users do not need to approve a tag to be tagged in another users photo.

@gngfound

@gngfound

Pinterest

Pins Re-Pins

Links to Websites Boards Groups

VERY Public

Chris Homer [email protected] | @ChrisHomer24

!!

Data Security & Technology DATA & SECURITY

Jabez LeBret [email protected]

@gngfound

SOCIAL MEDIA COMPETENCE

Jabez LeBret [email protected]

@gngfound