Table of Contents
Chapter 1: Social Media Promotion Law: Contests and Sweepstakes
Chapter 3: The [Mis]Use of Social Media in Pre-Employment Screening
Chapter 4: Monitoring, Regulating, and Disciplining Employees Using Social Media
Chapter 5: Social Media in Litigation and E-Discovery: Risks and Rewards
Chapter 6: Managing the Legal Risks of User-Generated Content
Chapter 7: The Law of Social Advertising
Chapter 8: Trademark Protections from Brandjacking and Cybersquatting in Social Networks
Chapter 9: Balancing Gamification Legal Risks and Business Opportunities
Chapter 10: Social Media’s Effect on Privacy and Security Compliance
Chapter 11: Legal Guidelines for Developing Social Media Policies and Governance Models
Chapter 12: Looking Ahead at Social Media Business Opportunities, Expectations, and Challenges
A Quick Note about U.S. Legal System
1 Social Media Promotion Law: Contests and Sweepstakes
Potential Legal Issues Associated With Public Voting
Keeping Social Media Promotional Campaigns Legal
Online Promotions Outside the United States
Sweepstakes Versus Illegal Online Gambling
Fundamental Principles of Endorsements and Testimonials
Lessons Learned from FTC Investigative and Enforcement Actions
3 The [Mis]Use of Social Media in Pre-Employment Screening
FTC v. Social Intelligence Corp.
FTC v. the Marketers of 6 Mobile Background Screening Apps
4 Monitoring, Regulating, and Disciplining Employees Using Social Media
Employee Discipline for Social Media Use
Lawfully Disciplining Employees
5 Social Media in Litigation and E-Discovery: Risks and Rewards
Authenticating Social Networking Site Evidence at Trial
6 Managing the Legal Risks of User-Generated Content
Copyright in the Age of Social Media
Digital Millennium Copyright Act
Defamation, Invasion of Privacy, and CDA Immunity
7 The Law of Social Advertising
Best Practices for Social Media Advertising
Section 43(a) of the Lanham Act
The Children’s Online Privacy Protection Act (COPPA)
8 Trademark Protections from Brandjacking and Cybersquatting in Social Networks
Notable Cases of Brandjacking and Cybersquatting
Trademark Infringement Under the Lanham Act
The Anticybersquatting Consumer Protection Act (ACPA)
Post-Domain Path Names and the ACPA
Platform-Specific Trademark Enforcement Mechanisms
Uniform Domain Name Dispute Resolution
9 Balancing Gamification Legal Risks and Business Opportunities
Unfair and Deceptive Marketing Practices
FTC Guidelines on Endorsements
Other Little-Known Laws Relating to Virtual Currencies
Designing a Precise Geolocation Data Security Plan
10 Social Media’s Effect on Privacy and Security Compliance
11 Legal Guidelines for Developing Social Media Policies and Governance Models
Vital Corporate Social Media Policy Provisions
Recommended Social Media Marketing Policies
12 Looking Ahead at Social Media Business Opportunities, Expectations, and Challenges
Federal Statutes and Regulations
B The Federal Trade Commission Act of 1914
(15 U.S.C. §§ 41–58) (as amended)
C The Lanham Act—Section 43(a)
(15 U.S.C. § § 1114(1) and 1125(a))
D The Anticybersquatting Consumer Protection Act (ACPA)
(15 U.S.C. § 1125(d) - Section 43(d) of Lanham Act)
E Fair Credit Reporting Act (FCRA)
F Electronic Funds Transfer Act (EFTA)
G Children’s Online Privacy Protection Rule
H FTC’s Revised Guides Concerning Use of Endorsements and Testimonials in Advertising
I Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003
K Online Copyright Infringement Liability Limitation Act (OCILLA)
L Computer Fraud and Abuse Act
M Electronic Communications Privacy Act
(18 U.S.C. § 2701 et seq.) (Including the Stored Communications Act [SCA])
N National Labor Relations Act
(Pub.L. 74-198, 49 Stat. 449, 29 U.S.C. §§ 151–169) (as amended)
O The Unlawful Internet Gambling Enforcement Act of 2006