Social media guidance

Please find below links to interesting policy documents related to Social Media. These links have been compiled by Hilmar Nierop who kindly granted his permission to distribute them for your use.

These documents have informational value for all users of social media in various countries with their distinctive legal and communications culture. After all, the global use of social media has such an impact that it provides an international substance which reigns over local legal form(s), rules and regulations, that are incomplete by nature.

Social media use is no longer a temporarily hype, but a global trend:
● HCCA & SCCE - Social Networks Survey Report 2009 -
● IISD - SN: Governance for Sustainable Development -
● Reuters - The Impact of Social Media on Journalism -
● EU JRC - Study on Use & Impact of Online Networking -
● Ofcom - SN: Attitudes, behaviour and use -

The widespread private use by employees is embraced by many businesses in their communications. Therefore it is advisable not to prohibit the use of social media completely, but to allow it, albeit under conditions. Institutions should recognized the use of social media in its governance, risk and compliance policies, which should be aimed at mitigating security risks and the risk of misrepresentation, infringement of intellectual property, unauthorized disclosure of confidential information, privacy data leakage and identity theft.

● IWGDTT - Privacy in Social Networking Services -
● EU - ENISA - Security Issues and SN Recommendations -
● SNS - Safer Social Networking Principles for the EU -
● Scansafe - SN: What Every Business Should Know -
● Boyle, et all - SN: What employers should know -
● Vignette - Social Media in the Enterprise -
● ATT - The Business Impacts of Social Strategies -

● IBM -
● British Telecom -
● Int. Fed. of Red Cross (IFRC) -
● The Coca Cola Company -
● US FTC - Principles for Online Behavioral Advertising -

● US CIO Council - SN Use by Federal Departments -

The policies and procedures on the proper business use of social media should address the protection of intellectual property, but also consider and respect the interest of preserving the public domain and fair use/dealing, of stimulating fair competition and innovation and
of promoting education and scholarship. It should be noted that, despite the global or ‘cross-jurisdictional’ character of the business use of social media, these complex issues are organized mostly through local rules, regulations and legal practices, that diverge considerably, mainly because of a distinctive rule-based versus principle-based legal culture.

● US CO - Reproduction by Educators and Librarians -

● Pillsbury - Considering Fair Use before Takedown Notice -
● EFF - Unintended Consequences of the US DMCA -

● EFF - Safe Harbors for Internet Service Providers -
● Neil & Winelander - Foreign Defences to US CR claims -
● Wang - International Anti-Circumvention Provisions -

● Gasser - Transposing the EU Copyright Directive -
● Gasser - Legal Frameworks and Tech. Protection -
● Bäsler - Technological Protection Measures (TPM) -

Following the distinction in legal cultures, every regulator of financial markets and services providers has its own, separate compliance framework. Nevertheless, many regulators expect or even require that parties under regulation have supervisory policies, procedures,
systems and internal controls to monitor all electronic communications technology used by the party and its associated persons to conduct the business of the party. Furthermore, these regulated parties are required to make and keep records of such use and consequently of all content sent or received regardless of the tools that are used to send it. There is no reason to exclude archiving of posts to social networking sites from this requirement.

● Osterman - The Impact of New Communications Tools -
● Osterman - The Need to Archive SN Content -
● US - FINRA - Supervision of Electronic Communications -
● US - FINRA - Guidance on Social Media Web Sites -
● US - FINRA - Communications with the Public -
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