NEW YORK NCovember 20O12 UNTY VisitLus at wwwA.nycla.orgWYER Volume 7 / Number 17 Social Media News INSIDE By William R. Aronin, Esq. one of his Facebook friends. 3 While the benefits to the police are Annual Dinner ................. 9 New Policy Allows NYPD to Use clear, others are concerned with the Fake Accounts to ‘Friend’ Suspects potential for abuse . When asked about Recently, Police Commissioner the new policies, Christopher Dunn, Raymond Kelly issued a five-page associate legal director for the New LinkedIn for the Job memo detailing departmental poli - York Civil Liberties Union, told the cies regarding the use of social Daily News that “Electronic undercov - Search ........................... 13 media when conducting investiga - er work is fine. But we worry about tions. While the memorandum itself the ease with [sic] the police can use is not publically available, The New deceit on the Internet to monitor pri - York Daily News first reported 1 on vate communication.” Pinterest Copyright two of the more controversial aspects of the new rules. Although approved by the NYPD’s Angst ............................... 2 new guidelines, this policy violates Investigators are now permitted to use Facebook’s own terms of service, aliases, and create fake social media which allows users to create a pseudo - accounts that they can then use to nym, but only after providing the serv - Social Media and the “friend” potential suspects. ice with the user’s real name. Additionally, they will be provided Recently, in an interview with CNN, 'Like' ................................ 3 department-issued laptops and Joe Sullivan, Facebook’s chief securi - Internet connections that, supposedly, ty officer explained that “It just under - TABLE OF cannot be linked or traced back to the mines the integrity of our whole service if CONTENTS NYPD. Law enforcement has long used the Internet we allow people to use fake accounts.” 4 to catch and prosecute criminals. In a Many in the police department believe that recent LexisNexis Risk Solutions survey of Facebook and Judges Annual Dinner .................................. 9 monitoring social media can provide 1,200 Federal, State, and Local officials, 67 Last month, a Florida State appellate court important information needed to combat percent believed that social media helps ruled that a Facebook friendship between Circulating Legal Articles ................ 5 violent crime. In fact, Bloomberg solve crimes more quickly . Moreover, a judge and prosecutor, created a reasonable Businessweek reports 2, that just last week, recent Southern District case held that a fear that a criminal defendant would not CLE Institute .................................... 4 defendant had no reasonable expectation of the NYPD decided to “double the size of receive a fair trial, and disqualified the Digital Training Center CLEs ........ 10 its gang unit ... to combat teen violence privacy in his Facebook posts, and that the judge from presiding over the matter. 5 This fueled by dares and insults traded on social Government did not violate the Fourth decision to disqualify was based primarily on Ethics Hotline ................................ 15 media.” Amendment by accessing the page through (See Social Media News on Page 10) Legal Hacking ................................ 12 NYCLA Provides Hurricane Assistance to Library Notes ................................. 10 LinkedIn for the Job Search .......... 13 Legal and Greater Community Message from Barbara Moses, To aid members of the community left stoves. Drop off a donation today and help lawyers who have been impacted by NYCLA Foundation President ........ 6 devastated in the wake of Hurricane someone left devastated by the hurricane. Hurricane Sandy and lawyers who are Message from Stewart D. Aaron, Sandy, NYCLA is providing assistance to looking for temporary offices space are lawyers and members of the greater com - Legal Counseling Program Expanded invited to contact Diana Lamb at NYCLA President ............................ 3 munity through a variety of efforts to help NYCLA is expanding its Legal [email protected] or 212 267 6646 with hurricane victims get back on their feet Counseling Project to include insurance office location available or requested; Modern Post Road ......................... 11 immediately and in the long term. law to help the victims of Hurricane availability (number of seats/desks/confer - Pinterest Copyright Angst ................ 2 Sandy with insurance claims or coverage ence room available) or need (number of Hurricane Relief Drive issues. The Project currently provides seats/desks conference rooms needed); Recent Event Photos ........................ 8 NYCLA’s Young Lawyers’ Section is col - limited legal advice in the areas of land - amenities (computers, Internet, power, or lecting donations of water, non perishable lord/tenant, consumer bankruptcy, other) available or needed; and instruc - Service of Process ............................ 7 foods, batteries, and other items for those employment and family law. NYCLA tions for how to be contacted. Social Media and the 'Like' ............. 3 affected in receptacles in the lobby of its members in good standing, with at least 3 14 Vesey Street headquarters between years Insurance Law experience who are Assistance to Displaced Members Social Media and You ...................... 6 Church and Broadway. The association is interested in counseling clients affected NYCLA’s facilities, which include the also accepting donations, from members by Hurricane Sandy, are invited to e-mail Library and conference rooms, are avail - Social Media Content ...................... 2 and the public, of flashlights; candles; Lois Davis at [email protected] for more able to NYCLA members who have been lighters and matches; warm clothing in all information. temporarily displaced from their offices. Social Media Image ....................... 12 sizes for adults and children including All members are invited to utilize the Social Media News .......................... 1 coats, hats, and boots; blankets; hand san - Office Share Program NYCLA Library facilities during operat - itizers; baby clothes and food, and baby NYCLA is matching up lawyers with ing hours to assist with work and to Upcoming Events ............................. 9 formula; wipes; pet food; tampons; extra office space with lawyers who have access the Internet. To reserve a meeting non electric can openers; toilet paper; been displaced from their offices due to space, contact Diana Lamb at What's Tweeting ............................... 9 paper towels; trash bags; cleaning sup - the hurricane. Lawyers who have office [email protected] or 212-267-6646. plies; and propane grills or camping space to share are invited to help fellow 2 November 2012 / The New York County Lawyer Social media content: Who really owns your post, pin, tweet, or share? By Jason Tuttle, Esq. As always, the legal answer is ‘it However, Twitter is increasingly being have commented on what they see as a depends.’ Because intellectual property used to deliver content that is almost cer - looming (but as yet unrealized) copy - The advent of law analysis is such a fact-specific tainly does reach the copyright thresh - right problem for Pinterest, in that many social media process, the best anyone can hope to pro - old, such as Jennifer Egan’s delivery of users frequently pin photos they online has chal - vide is a general framework of where to her short story, Black Box . This Pulitzer encounter from various other websites, lenged the way we begin. But the first step (and perhaps the Prize winning author serialized a story without regard for copyright ownership think about intel - least useful step) is to look at the terms through The New Yorker’s Twitter of those original images. But what hap - lectual property of service for whatever outlet you are account over the course of nine days pens when you are posting your own ownership. using. For instance, Twitter, Facebook, beginning in May 2012. Other authors original images? As noted in the terms Previously, the and Pinterest’s terms of service all indi - are writing stories and poetry 140 char - of service, Pinterest does retain certain digital media rev - cate that users retain their rights to any acters at a time as well to fall within the rights to user-generated content, and olution and the widespread availability of content they post, except that the act of Twitter limit . It seems likely that for at does encourage the community of users personal computers allowed the general tweeting/posting/pinning grants each least some of these authors, a court to re-pin various images as often as they public to begin making and redistributing respective company a license to repro - could find a copyrightable work exists. desire. So once a user starts pinning exact copies of digital media, from books duce that content and re-broadcast it to original content, he/she should not be to movies to music. The advent of social its users until it is either removed from Facebook and Google+ are moderately surprised to see it turn up in the pin media, such as Facebook, Twitter, and the service or for a ‘commercially rea - similar to the ‘traditional’ blog, and are in boards created by other users. Pinterest, have only further exacerbated sonable amount of time.’ Much commen - a sense, somewhat analogous to the tradi - these challenges. Each new social media tary has been wrung from the various tional newspaper column. There are even Overall, it seems