Sunday, January 8, 2012

Social Media Law Predictions For 2012

Having foresight and advising clients on how to successfully navigate potential legal risks is what lawyers are paid to do. On January 10, 2011, I made 10 social media law predictions for the year and nine of them have come true; the tenth one appears that it will be realized within the next couple of months. In no particular order, below are some of my social media law predictions for 2012:

1)
Social Media account ownership issues will increase.

2) State Legislatures and/or the courts in the United States will address whether employees may be required to turn over their social media user names and passwords and/or install social media monitoring software onto their personal electronic devices so employers may access their employees' private electronic content.

3) State Legislatures and/or the courts in the United States will address whether students and/or college applicants may be required to turn over their social media user names and passwords and/or install social media monitoring software onto their personal electronic devices in order to attend or play inter-collegiate sports.

4) In the United States lawmakers will work to pass bipartisan intellectual property legislation to address social media copyright and trademark issues.

5) Rakofsky v. the Internet will be decided in favor of the Internet.

6) The United States' Federal Trade Commission and the United Kingdom's Advertising Standards Authority will crack down on fraud and misleading social media advertising.

7) Governments around the world will continue to grapple with how to control social media flash mobs, anti-government content, Internet controls, etc...

8) Governing bodies and courts around the world will continue to address social media privacy issues.

9) Social Media usage by political candidates and political causes will greatly increase during the 2012 election cycle and this will lead to increased discussion on updating election compliance laws in the United States and around the world.

10)
Lawyers will realize that some of their social media marketing consultants are violating the FTC advertising regulations.

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.