Social Media Law Round-up Oct. 22- Nov. 3, 2010

November 3, 2010

In the latest Round-Up, we provide you with links to stories that will all heed the same warning:

Be careful what you post on social media venues! Your opinions will become public, and could be used in the courts.

The following links will explain how a student’s tongue-in-cheek tweet about a judge turned into a restraining order, demonstrate how debt collectors are using Facebook and introduce new legislation that is intended to  punish people who cyberbully, impersonate or harrass online.

From The Baltimore Sun

Debt collectors using social media to monitor your windfalls

  • Collectors use social media to locate hard-to-find debtors or to find out whether consumers are working and where, but there are limits on how far debt collectors can go using social media, thanks to the Fair Debt Collection Practices Act.

From Delaware Employment Law Blog

Social media passwords and account content are discoverable

  • Disputes about formal discovery requests for an opponent’s social media profile and similar information are making their way to court.

From 9NEWS Colorado

Your Facebook post could come back to haunt you

  • It is important to know millions of sets of eyes can be viewing what you are saying online, even if you think what you say is private. Facebook allows users to ‘Like’ businesses, viewpoints and statements, which also opens up an opportunity for you to make an opinion public.

From ABA Journal

Restraining order issued for punch-in-the-face Twitter threat

  • An Arizona student learned that “a threat is a threat even if it is made in 140 characters or less.” After tweeting that he would “not hesitate to punch (Ward) Connerly in the face if I saw him…Just sayin,” the judge filed for, and was later granted, a restraining order.

From Legally Social

More Questions For Facebook: And Why “It’s Legal” May Not Be Enough Anymore

  • There are legitimate questions about privacy laws and Facebook’s ability, or lack thereof, to adhere to them. It makes it obvious to see the law has not even remotely caught up to technology. There is a significant gap between the expectations of consumers and legislators and the laws and regulations as actually written

From Switched

California bill makes online impersonation illegal

  • The bill is intended to strengthen the penalties against cyberbullying (harming, intimidating, threatening, or defrauding another person) and would punishable by a fine of up to one thousand dollars ($1,000) or by imprisonment in a county jail not exceeding one year, or by both.