Feature: Soapbox Musings

The Law and Evolving Media

Author: Jessica Valenzuela
Published: September 15, 2010 at 12:17 pm
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With evolution comes change. With change come new ideas and new rules. At the Second Annual Social Media Law Conference in Seattle, Washington, a handful of leaders around social media law gathered to share, listen and learn. Emerging law is forming due to social media or evolving media. The topic dominates the Washington discourse around technology.

John Palfrey, Jr., co-author of Born Digital and Professor at Harvard Law, opened the conversation for the conference. He cites six major legal problems dominating the legal conversation around social media and technology, including:

1. security and safety
2. privacy
3. intellectual property
4. credibility of information
5. information overload
6. computing in the cloud

There is a need for law practitioners to learn and understand the complex legal issues in a socially mediated world. Legal issues are becoming more mainstream. Organizations and individuals are more exposed and palpable to the Law. But what is the Rule of Law when it comes to evolving media?

A Question of Identity

When your offline and online identities collide, is there such a thing as a separation? When the wall between your offline and online personality is fast becoming non-existent, accountability in the social space and the physical space is a must. As your digital dossier exponentially grows over time, individuals should be more concerned about how information is gathered and stored. Should we have a lower reasonable expectation when it comes to privacy, and less regulation? Dave Horn, Assistant Regional Director at the FTC in Seattle, says "No, we will definitely see more regulation."

How Can You Safeguard Your Child's Privacy?

Dave Horn from the FTC and Alan L. Friel of Wildman, Harold, Allen & Dixon LLP addressed the issues around regulatory initiatives surrounding social media. Mr. Horn emphasized that "the FTC is soul searching on the topic of privacy."

Mobile media, gaming and virtual worlds are fast becoming the playground of our children. In virtual worlds, much like the real world, promotions are fed to youngsters and are highly interactive. A handful of sites frequented by millennials include Webkinz, Club Penguin, Hasbro's and more. Mobile widgets and mobile interactivity are fast becoming a mainstay in our children's media consumption. Is this healthy? How can parents filter information for their children and protect their information? Are avatars and virtual names going to protect your children's privacy? The FTC is taking steps in the right direction. They released a study on Virtual Worlds and Kids: Mapping The Risks. You can also help educate your children about advertising and privacy.

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Article Author: Jessica Valenzuela

Jessica Valenzuela is a digital advertising visionary with a flair for creating and marketing global brands. She founded, and now serves as chief principal of Mavin Digital, Inc., a fun, nimble NYC boutique specializing in inspirational digital branding. …

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