Clarity Strategic^TM

On July 21, the Social Media Club - Cleveland chapter held its meeting at Akron-Canton Airport. And I was there, tweeting the content. Following is the wisdom of one of the meeting's speakers.

Joe Feltes is a senior partner in Buckingham, Doolittle and Burroughs, LLC, with offices in (among other places) Akron and Canton. He specializes in (among other things) health care and employment, which are two areas which can be touched by social media in sensitive spots. It's therefore no stretch that Mr. Feltes has an interest in the legal aspects of social media.

What surprised me (and I told him this) was that his presentation - rich with actual cases that have broken ground in social media - was compelling and useful to everyone who wants to use social media as part of the job. (I really hadn't expected this from an attorney. One other attendee at this meeting said "I was prepared for you to say 'don't don't don't.'" LOL That's not what happened.)

He set us all at ease right away by letting us know that most of what we must do to ensure a legally-safe online presence is based on "common sense." So in honor of this concept, I did my utmost to follow his presentation and pick off six "Feltes' Rules of Common Sense in Social Media." And I give him full credit for presenting them. I only take credit for the organization and commentary. LOL

Feltes' Rules of Common Sense in the Legal Aspects of Social Media

1. No matter how safe the system, no matter how careful the person, [insert Murphy's Law here].

   Someone who's determined and knows how to navigate the Internet can find your mistakes and make something of them. So you minimize mistakes, minimize public exposure to the mistakes you make, and own up to (and correct) the mistakes they've been exposed to.

2. There is NO (reasonable) expectation of privacy in social media.

   In many court cases, people who have lost jobs have tried to use "privacy of e-mail" as a reason to suggest something they wrote in a nasty e-mail, or a nude MySpace photo, or a Facebook album of party photos, should not be reasons to be fired. And those suggestions are always shot down.

   At work, employers cannot be expected to supply Internet access to us for our excesses. Outside of work, employers cannot be expected not to review what you make public, especially if your job involves contact with the public.

3. If it gives you pause, pause.

   If you are not absolutely certain of your conscience at the time you write it, DO NOT SEND IT. Even if you are certain, if there is any chance you could be taken the wrong way, sleep on it before it goes out.

   The First Amendment was written specifically to "bind government." That means, of course, that social media contact between citizens is not an example of what the First Amendment is for. You can't use it as a defense in court in nearly all cases - especially if the case involves bullying/threats, libel/defamation, and stuff like that.

4. No matter how long ago you posted it, someone can find it. Even if you delete it.

   This is why you keep your Web site up to date, and keep an eye on all the personal data you've ever published.

5. Maintain (a strict) separation between your personal and professional online personas.

   The FTC requires that if we are paid to promote products or services via blog or social media, we must disclose this.

6. Employers may monitor Internet usage, set up rules, and discipline when rules are broken. (And we need to EXPECT it. Even if they're not sure what the rules should be.)