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The Risks of Social Media: Legal Limits

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As we all know by now, social media can be both a great marketing and networking tool, as well as a good excuse for employment termination if mishandled — or worse, a lawsuit.

For instance, did you know that the Federal Trade Commission is watching those social media sites that promote a product or service? In the FTC’s December 2009 guidelines, it states that, among other things, those promoting a product/service on the internet (via Facebook, Twitter or any other form of social media) must incorporate a disclosure page or statement telling of the financial agreement between those giving testimonials about the product/service and the company itself.

Under the Guidelines, endorsements must reflect the genuine beliefs or opinions of the endorser and cannot otherwise be deceptive. In addition, the endorser must be a bona fide user of anything given of value to the endorser. For example, a blogger who reviews a product given to her for that purpose should disclose that it was provided by the manufacturer, and not purchased. Most do not follow this simple rule.

Understanding the legal implications of what is presented on your social media site can be confusing. To break it all down for us, Law.com issued a nice online article this morning, entitled “Minimizing the Legal Risks of Using Online Social Networks.” In our continuing coverage of the risks of social media, I present you with a breakdown of the piece:

  • Copyright: If you are using text, audio, video or images on your site that you did not create yourself, you may be violating an individual’s or organization’s copyright. However, if your posting qualifies as “fair use,” then use of the content will most likely not be questioned. Common situations of fair use include criticism, comment, news reporting and education.
  • Trademark: As the article states, “If you are using another’s trademark, you may be liable for infringement, where the owner can establish that your use of its mark or a mark similar to it will likely cause consumer confusion as to the source of the material.” And if it is proven that your conduct diluted the strength of the owner’s trademark, there may be potential for further liability.
  • Defamation: This is a huge topic in the realm of social media and the risks involved. In general terms, a defamatory statement is “a false and disparaging statement about another which causes injury to reputation (or in some cases causes emotional distress).” Along with individuals, businesses and products can also be defamed, sometimes causing reputation and financial damage (cue lawsuit).
  • Confidentiality: This section is geared towards those whose profession involves confidentiality agreements (lawyers, doctors, advisers, etc.). If there is proof of a breach of this agreement, possible sanctions “may include termination of employment, loss of professional license, potential significant civil liability (such as in the context of trade secret dissemination), or even criminal liability.”

These are just a few of the potential legal risks of social media. And as society continues to move to even more of an online presence (for both personal and business aspects), we will continue to learn the possible implications of a web 2.0 world.

Mitigating Financial Risk With Tech — Not Regulation

This weekend, the leaders of the world’s 20 largest economies will meet in Toronto to discuss international financial reforms that will — hopefully — help prevent the type of global recession that occurred after the subprime crisis. Particularly on the heels of the Congressional reforms just enacted in Washington, the G-20 discussions will mostly focus on regulation.

Some feel as though a major overhaul is not altogether necessary, however.

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Some think that technology and greater access to better information can provide all the risk management the financial sector needs. Kevin Heffron, deputy managing director of Trayport, Ltd.

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in London is among them. His company provides electronic trading systems to brokers who trade equities, currencies and commodities, and he recently sat down to share his perspective.

tech financial risk

Jared: This weekend in Toronto, G20 leaders will discuss a whole host of financial sector regulation proposals. Generally, their goal will to be develop some standards and rules that will lessen risks – the risk of over-leveraging, the risk of contagion, the risk complicated trading. What measures do you think are most necessary, specifically in the trading and exchanges world?

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Heffron: A proposal to move all trades to exchanges is among the reforms being considered in Toronto. We believe that this is an overreaction to the events and excesses of the recent past and will not necessarily lead to reducing risk. Eliminating OTC trading is not the solution, doing so consolidates trading into less flexible silos and results in less democratic markets. We believe that regulated, well-organized and transparent OTC electronic trading platforms with connections to a variety of centralized clearing counterparties, when appropriate, can be an equally effective tool to reach the G20’s goals to mitigate risk. We only have to think about the recent ‘’Flash Crash’’ to know that the exchange only model has serious flaws.

The key to mitigating risk in the OTC sector, is to broaden access to information and transparency. This approach can achieve the same regulatory goals now being sought by the G20 and the U.S, Congress without requiring the markets to restructure themselves in ways that might have unintended consequences — including potential losses of liquidity leading to higher and more volatile pricing.

Jared: So the best way to lower these risks is not through regulation, but through better information? Through better technology and more real-time, widely available information about trades?

Heffron: We support regulatory efforts, however we believe all the regulation in the world won’t reduce risk unless the information is available and accurate. It comes down to the reliability of the information — no amount of regulation can overcome the lack of accurate data or intentional manipulation. Access to technology simply focuses more eyes on any nascent problems in the financial markets.

We are developing technical solutions that increase opportunities for market users and their regulators to assess risk. Post-trade, we are providing straight-through processing to a variety of clearing houses, price reconciliation and confirmation services so you know the trade has been cleared without risk. Together with calling for a repository of pricing information, we are turning to technology to achieve the goals of the G20 Summit.

Jared: Is it a matter of the public sector being under-educated to provide proper regulation?

Heffron: While most of the non-investment community — including US Congressional leaders  — believes the world would be better off if all assets were to trade on exchanges, it is important to point out some key facts. For instance, there is a large electronic OTC commodities market operating in Europe that sees some of the world’s largest deals go through hybrid trading screens with counterparties being put together by interdealer brokers. This network provides risk management, straight-through processing, clearing capabilities, counterparty credit management, real-time reporting and transparency. If one were to look at this operation and its components, it would look very much like an exchange. In short we are bringing the same level of trading technology and risk reduction to the OTC community.

Jared: Can this concept of “more information, less risk” work in other areas as well? Both in and outside the financial sector?

Heffron: Here is an example. Large international energy companies, whose primary business is to produce and distribute electricity, trade electric power all the time. They are constantly going to the open market to manage their risks. In order to optimize this external market activity, they need to have a full and timely understanding of the risk profiles of the various operating units of their own enterprises. This requires a top-quality internal risk management system allowing them to optimize internally before executing external market transactions. Simply put, lowering the cost and increasing access to real-time data reduces risk across every industrial sector and at every level.

Risk Management Monitor Is a Top Insurance Blog

Our humble little Monitor is a now just over a year old. We’re just now learning to walk, so to speak.

So it was with great pride that we came to learn that Lexis Nexus has chosen us among its “Top 50 Blog” nominees in its insurance and law community for 2009. We only launched the site in April 2009, so it was very nice to see that we were able to be recognized despite not even having a full 12 months under out belts.

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There is still voting to be done before anything becomes official but, frankly, we are just honored to be ranked alongside so, so many other great news, opinion and multimedia sources helping to educate and enlighten the world of risk and insurance.

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Thanks to those involved in the selection process, and we truly hope you devoted readers also enjoyed our coverage in 2009.

We think it’s been even better thus far in 2010 — and that improvement will only continue.

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Get Your Popcorn Ready — Upcoming Documentary Explores the History of the TSA

Though it probably won’t break any of Avatar‘s box office records, a new documentary from “retired aviation publisher” Fred Gevalt will document the history of the watchdog that protects our friendly skies. This in-depth look at the  Transportation Security Authority (TSA) is called Please Remove Your Shoes and comes out on July 1, although Gevalt will be self-distributing, so that doesn’t necessarily bode well for it being an enthralling expose’ — nor something that will be able to find in your local theater.

Here’s how Speakeasy, a Wall Street Journal blog, characterized Fred Gevalt’s Please Remove Your Shoes.

Thee final production, which Gevalt is self distributing July 1, asks viewers to evaluate if the TSA has truly made flying the friendly skies any safer post 9/11, and features interviews with Congressmen James Oberstar and John Mica (both of whom are on the Committee of Transportation and Infrastructure), as well as a number of former TSA and FAA employees. Gevalt adds that it wasn’t easy finding enough subjects to speak about their relationship with the TSA on the record, but as one interview beget another, “the business of access became less difficult.

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Even if it doesn’t make your local cineplex, it will presumably at least make it to the Netflix circuit eventually, so look for this one starting next month if airline security is something that strikes your fancy.

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A cartoon lampooning TSA policies, courtesy of the brilliant xkcd.