Social ? R U Shannon Tufts tufts@sog.unc.edu, 919-962-5438 1 - - PDF document

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Social ? R U Shannon Tufts tufts@sog.unc.edu, 919-962-5438 1 - - PDF document

Mar 17, 2023 167 likes •399 views

UNC School of Government Facebook, ChatBots, and Tweets, Oh My! Welcome to the Wild World of Social Media Shannon Tufts, PhD Associate Professor of Public Law & Government tufts@unc.edu How Social ? R U Shannon Tufts

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 1

Facebook, ChatBots, and Tweets, Oh My!

Welcome to the Wild World

  • f Social Media
Shannon Tufts, PhD Associate Professor of Public Law & Government tufts@unc.edu

How

R U

Social ?

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 2

Social Networks

Empower the People

Texting Video

Self-Destructing

Secret

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 3

Dating

Meeting

Fun Stuff on the Horizon

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 4

What else are you using? Social Media “Investigative” Tools

* socialmention.com * pipl.com * Knowem.com (i.e. ladykilla96) * Google’s reverse image search

Get To Know These Tools!

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 5

Drugs, Sex, and Booze, We Got ‘Em Social Media, Investigations, & Evidence

  • 1. Access to Non-Public Sites
1. Stored Communications Act Issues
  • 2. Authenticity of Account; Hijacked Account (Hacked
Account)
  • 3. Veracity of Screen Capture
  • 4. Preservation/Storage of Deleted or Old Material/Postings
  • TweetDeck
  • Download feature
  • POP method

Burning Issues

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 6

Legal Steps to Access Non-Public Data

  • Consent of the user
  • E-discovery demand to user
  • Informal request to social network
  • Subpoena to social network
  • Search warrant for law enforcement
  • Find the data in an alternative, public

location

Informal Request

  • Smaller service providers may cooperate with

requests from government

  • Fugitive plays World of Warcraft
  • Howard County, Indiana, Sheriff sends polite

letter to operator of game

  • Service provider reveals IP address, which leads

to fugitive in Canada

Civil Subpoenas for Content

  • Big service providers tend to resist
  • Crispin v. Christian Audigier, Inc.

– Civil subpoena to FB and Myspace quashed – Content protected under Stored Communications Act – May be difference between private messages and wall postings

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 7 Alternative Locations for Evidence

  • Notices and copies to email or phone SMS

(text)

  • Replication at other sites (FB, Twitter,

LinkedIn, Instgram, etc)

  • Sharing by friends
  • Cache on computer

Addressing the Authentication Issue

  • Search Warrants: Can collect details from the

service provider like IP address, time, application, mobile carrier and more

  • Interact with the user (if permitted)
  • Gather corroborating detail about user statements,

activities and timeline

  • Corroborating details can be collected from multiple

sources (Facebook, Twitter, special interest forums, games, phone, witnesses and so on)

Veracity of Screen Capture

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 8

Social Media, Public Records, and Employee Policies

Public Records?

Definition of a Public Record

(NCGS 132-1)

  • All documents, papers, letters, maps, books, photographs, films,
sound recordings, magnetic or other tapes, electronic data- processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions.
  • Agency of North Carolina government or its subdivisions shall mean
and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.
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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 9

Examples of Facebook Postings and Retention Requirements “Short-Term Value” or “Routine Correspondence and Memoranda” Categories

The “likes” would either be considered public records of “Short-Term Value or “Routine Correspondence and Memoranda” per the County/Municipal Agency retention schedules. The record can be destroyed per the jurisdiction’s defined “short term or administrative value” policy. **Re-posts do not need to be retained, as they are not the
  • riginal source of the content.

Citizen Complaints & Service Requests

This comment could be considered a citizen complaint and would be categorized under “Citizen Complaints and Service Requests”. The record can be destroyed one year after resolution of the complaint.
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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 10

How To Retain the Public Record

  • Archiving services
  • Download features on SM platforms
  • POP (with time/date stamps)

What About My Personal SM Accounts & Public Records?

And here we go…

  • If you are transacting

public business, then it constitutes a public record, be it a FB post and comments, private message, etc.

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 11

Personal Pages and Opinions

Employee Behavior?

Government Workers are DIFFERENT!

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 12

HSPD Social Media Policy Section V. Personal Use

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 13

Apply the Policy: Round 1

Officer A’s FB Posting

“Sitting here reading posts referencing rookie cops becoming
  • instructors. Give me a freaking break, over 15 years of data
collected by the FBI in reference to assaults on officers and
  • fficer deaths shows that on average it takes at least 5 years for
an officer to acquire the necessary skill set to know the job and perhaps even longer to acquire the knowledge to teach other
  • fficers. But in todays world of instant gratification and political
correctness we have rookies in specialty units, working as field training officer’s and even as instructors. Becoming a master of your trade is essential, not only does your life depend on it but more importantly the lives of others. Leadership is first learning, knowing and then doing.”
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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 14

Officer B’s FB Response

Well said bro, I agree 110%... Not to mention you are seeing more and more younger Officers being promoted in a Supervisor/
  • r roll. It’s disgusting and makes me sick to my stomach DAILY.
LEO Supervisors should be promoted by experience... And what comes with experience are “experiences” that “they” can pass around to the Rookies and younger less experienced Officers. Perfect example, and you know who I’m talking about..... How can ANYONE look up, or give respect to a SGT in Patrol with ONLY 1 1/2yrs experience in the street? Or less as a matter of
  • fact. It’s a Law Suit waiting to happen. And you know who will be
responsible for that Law Suit? A Police Vet, who knew tried telling and warn the admin for promoting the young Rookie who was too inexperienced for that roll to begin with. Im with ya bro....smh*

Policy Violation?

Apply the Policy: Round 2

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 15

Policy Violation?

Apply the Policy: Round 3

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My Apologies in Advance

These are a police officer’s public FB postings

Policy Violation?

Apply the Policy: Round 4

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 17

Profile Pictures Policy Violation? Bottom line: this should not be ur profile pic

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 18 Social Media Ethics For Legal Professionals

Big Themes

  • Public, Private, Priblic?
  • Social media activities must follow rules
  • Clients must be counseled about usage

Priblic World: this should not be ur profile pic

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 19

Think Before You Tweet

“Naughty, naughty boy” “Why is Phil Klein smiling? There is nothing to smile about, douchebag.”

Tweets by Sarah Peterson Herr, a court research attorney, at an ethics hearing

Tweet Resulted In…

So Many Rules, So Little Time

  • Revealing confidential information
  • Embarrassing your client, yourself, your employer, others
  • Violating advertising/solicitation rules
  • Violating “no contact” rule
  • Pretexting
  • Ex Parte communications with judges
  • Inadvertently entering into an attorney-client relationship
  • Committing unauthorized practice of law
  • Getting caught in a lie
  • Violating substantive law (infringement, defamation, etc.)
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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 20 Confidentiality & Embarrassment Advertising Issues

“Got that W! My client is delighted. Who wants to be next?”

  • Can be “communication” or “advertising” or
“testimonial” but definitely a violation

More Advertising Issues

  • False or Misleading Statements:
– South Carolina Ethics Opinion 12-03, for example, concluded that lawyers may not participate in websites designed to allow non-lawyer users to post legal questions where the website describes the attorneys answering those questions as “experts.”
  • Everything you do on social media is potentially

an advertisement

  • Know the T&Cs: inadvertent prohibited

solicitations

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 21 Ex Parte Communications Now About Those Clients

A Little Facebook Story

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UNC School of Government Shannon Tufts tufts@sog.unc.edu, 919-962-5438 22

Do You Know This One?

Final Thought: Check Your SM Settings!

  • Turn on “Approve all tagged posts or

photos prior to posting to my page”

  • Limit who can send you a friend request
  • Limit searching for your account on search

engines

  • Check pipl.com and google.com for your

name, images, etc!