Social ? R U Shannon Tufts tufts@sog.unc.edu, 919-962-5438 1 - PDF document

UNC School of Government Facebook, ChatBots, and Tweets, Oh My! Welcome to the Wild World of Social Media Shannon Tufts, PhD Associate Professor of Public Law & Government tufts@unc.edu How Social ? R U Shannon Tufts tufts@sog.unc.edu, 919-962-5438 1

UNC School of Government Social Networks Empower the People Texting Video Self-Destructing Secret Shannon Tufts tufts@sog.unc.edu, 919-962-5438 2

UNC School of Government Meeting Dating Fun Stuff on the Horizon Shannon Tufts tufts@sog.unc.edu, 919-962-5438 3

UNC School of Government What else are you using? Social Media “Investigative” Tools Get To Know These Tools! * socialmention.com * pipl.com * Knowem.com (i.e. ladykilla96) * Google’s reverse image search Shannon Tufts tufts@sog.unc.edu, 919-962-5438 4

UNC School of Government Drugs, Sex, and Booze, We Got ‘Em Social Media, Investigations, & Evidence Burning Issues 1. Access to Non-Public Sites 1. Stored Communications Act Issues 2. Authenticity of Account; Hijacked Account (Hacked Account) 3. Veracity of Screen Capture 4. Preservation/Storage of Deleted or Old Material/Postings • TweetDeck • Download feature • POP method Shannon Tufts tufts@sog.unc.edu, 919-962-5438 5

UNC School of Government Legal Steps to Access Non-Public Data • Consent of the user • E-discovery demand to user • Informal request to social network • Subpoena to social network • Search warrant for law enforcement • Find the data in an alternative, public location Informal Request • Smaller service providers may cooperate with requests from government • Fugitive plays World of Warcraft • Howard County, Indiana, Sheriff sends polite letter to operator of game • Service provider reveals IP address, which leads to fugitive in Canada Civil Subpoenas for Content • Big service providers tend to resist • Crispin v. Christian Audigier, Inc. – Civil subpoena to FB and Myspace quashed – Content protected under Stored Communications Act – May be difference between private messages and wall postings Shannon Tufts tufts@sog.unc.edu, 919-962-5438 6

UNC School of Government Alternative Locations for Evidence • Notices and copies to email or phone SMS (text) • Replication at other sites (FB, Twitter, LinkedIn, Instgram, etc) • Sharing by friends • Cache on computer Addressing the Authentication Issue • Search Warrants: Can collect details from the service provider like IP address, time, application, mobile carrier and more • Interact with the user (if permitted) • Gather corroborating detail about user statements, activities and timeline • Corroborating details can be collected from multiple sources (Facebook, Twitter, special interest forums, games, phone, witnesses and so on) Veracity of Screen Capture Shannon Tufts tufts@sog.unc.edu, 919-962-5438 7

UNC School of Government Social Media, Public Records, and Employee Policies Public Records? Definition of a Public Record (NCGS 132-1) • All documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data- processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. • Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government. Shannon Tufts tufts@sog.unc.edu, 919-962-5438 8

UNC School of Government Examples of Facebook Postings and Retention Requirements “Short-Term Value” or “Routine Correspondence and Memoranda” Categories The “likes” would either be considered public records of “Short-Term Value or “Routine Correspondence and Memoranda” per the County/Municipal Agency retention schedules. The record can be destroyed per the jurisdiction’s defined “short term or administrative value” policy. **Re-posts do not need to be retained, as they are not the original source of the content. Citizen Complaints & Service Requests This comment could be considered a citizen complaint and would be categorized under “Citizen Complaints and Service Requests”. The record can be destroyed one year after resolution of the complaint. Shannon Tufts tufts@sog.unc.edu, 919-962-5438 9

UNC School of Government How To Retain the Public Record • Archiving services • Download features on SM platforms • POP (with time/date stamps) What About My Personal SM Accounts & Public Records? And here we go… • If you are transacting public business, then it constitutes a public record, be it a FB post and comments, private message, etc. Shannon Tufts tufts@sog.unc.edu, 919-962-5438 10

UNC School of Government Personal Pages and Opinions Employee Behavior? Government Workers are DIFFERENT! Shannon Tufts tufts@sog.unc.edu, 919-962-5438 11

UNC School of Government HSPD Social Media Policy Section V. Personal Use Shannon Tufts tufts@sog.unc.edu, 919-962-5438 12

UNC School of Government Apply the Policy: Round 1 Officer A’s FB Posting “Sitting here reading posts referencing rookie cops becoming instructors. Give me a freaking break, over 15 years of data collected by the FBI in reference to assaults on officers and officer deaths shows that on average it takes at least 5 years for an officer to acquire the necessary skill set to know the job and perhaps even longer to acquire the knowledge to teach other officers. But in todays world of instant gratification and political correctness we have rookies in specialty units, working as field training officer’s and even as instructors. Becoming a master of your trade is essential, not only does your life depend on it but more importantly the lives of others. Leadership is first learning, knowing and then doing.” Shannon Tufts tufts@sog.unc.edu, 919-962-5438 13

UNC School of Government Officer B’s FB Response Well said bro, I agree 110%... Not to mention you are seeing more and more younger Officers being promoted in a Supervisor/ or roll. It’s disgusting and makes me sick to my stomach DAILY. LEO Supervisors should be promoted by experience... And what comes with experience are “experiences” that “they” can pass around to the Rookies and younger less experienced Officers. Perfect example, and you know who I’m talking about..... How can ANYONE look up, or give respect to a SGT in Patrol with ONLY 1 1/2yrs experience in the street? Or less as a matter of fact. It’s a Law Suit waiting to happen. And you know who will be responsible for that Law Suit? A Police Vet, who knew tried telling and warn the admin for promoting the young Rookie who was too inexperienced for that roll to begin with. Im with ya bro....smh* Policy Violation? Apply the Policy: Round 2 Shannon Tufts tufts@sog.unc.edu, 919-962-5438 14

UNC School of Government Policy Violation? Apply the Policy: Round 3 Shannon Tufts tufts@sog.unc.edu, 919-962-5438 15

UNC School of Government My Apologies in Advance These are a police officer’s public FB postings Policy Violation? Apply the Policy: Round 4 Shannon Tufts tufts@sog.unc.edu, 919-962-5438 16

UNC School of Government Profile Pictures Policy Violation? Bottom line: this should not be ur profile pic Shannon Tufts tufts@sog.unc.edu, 919-962-5438 17

UNC School of Government Social Media Ethics For Legal Professionals Big Themes • Public, Private, Priblic? • Social media activities must follow rules • Clients must be counseled about usage Priblic World: this should not be ur profile pic Shannon Tufts tufts@sog.unc.edu, 919-962-5438 18

UNC School of Government Think Before You Tweet “Naughty, naughty boy” “Why is Phil Klein smiling? There is nothing to smile about, douchebag.” Tweets by Sarah Peterson Herr, a court research attorney, at an ethics hearing Tweet Resulted In… So Many Rules, So Little Time • Revealing confidential information • Embarrassing your client, yourself, your employer, others • Violating advertising/solicitation rules • Violating “no contact” rule • Pretexting • Ex Parte communications with judges • Inadvertently entering into an attorney-client relationship • Committing unauthorized practice of law • Getting caught in a lie • Violating substantive law (infringement, defamation, etc.) Shannon Tufts tufts@sog.unc.edu, 919-962-5438 19

UNC School of Government Confidentiality & Embarrassment Advertising Issues “Got that W! My client is delighted. Who wants to be next?” • Can be “communication” or “advertising” or “testimonial” but definitely a violation More Advertising Issues • False or Misleading Statements: – South Carolina Ethics Opinion 12-03, for example, concluded that lawyers may not participate in websites designed to allow non-lawyer users to post legal questions where the website describes the attorneys answering those questions as “experts.” • Everything you do on social media is potentially an advertisement • Know the T&Cs: inadvertent prohibited solicitations Shannon Tufts tufts@sog.unc.edu, 919-962-5438 20