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Can you legally monitor your employees’ online activities? Kinda

(SOCIAL MEDIA) Are they ways you are monitoring your employees online even legal? Did you know there are illegal methods? Yep.

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Edward Snowden’s infamous info leak in 2013 brought to light the scope of surveillance measures, raising questions about legality of monitoring tactics. However, the breach also opened up broader discussion on best practices for protecting sensitive data.

No company wants to end up with a data breach situation on their hands, but businesses need to be careful when implementing monitoring systems to prevent data loss.

Monitoring your employee’s activity online can be a crucial part of safeguarding proprietary data. However, many legal risks are present when implementing data loss prevention (DLP) methods.

DLP tools like keystroke logging, natural language processing, and network traffic monitoring are all subject to federal and state privacy laws. Before putting any DLP solutions in place, companies need to assess privacy impact and legal risks.

First, identify your monitoring needs. Different laws apply to tracking data in transit versus data at rest. Data in transit is any data moving through a network, like sending an email. The Electronic Communications Privacy Act (ECPA) requires consent for tracking any data in transit.

Data at rest is anything relatively immobile, like information stored in a database or archives. Collecting data at rest can fall under the Stored Communications Act (SCA), which typically prohibits unauthorized access or disclosure of electronic communications.

While the SCA does not usually prevent employers from accessing their own systems, monitoring things like Gmail accounts could get messy without proper authorization.

Who you’re tracking matters as well regarding consent and prior notification. If you’re just monitoring your own employees, you may run into disclosure issues. Some states, like Delaware and Connecticut, prohibit employee monitoring without prior notice.

The ECPA also generally prohibits tracking electronic communication, but exceptions are granted for legitimate business purposes so long as consent is obtained.

Monitoring third party communications can get tricky with wiretapping laws. In California and Illinois, all parties must be notified of any tracking. This can involve disclosures on email signatures from outbound employee emails, or a broad notification on the company’s site.

Implied consent comes from third parties continuing communication even with disclaimers present.

If you’re wanting to install DLP software on personal devices used for work, like a company cellphone, you could face a series of fines for not gaining authorization. Incorrect implementation may fall under spyware and computer crime laws.

With any DLP tools and data monitoring, notification and consent are crucial. When planning monitoring, first assess what your privacy needs are, then identify potential risks of implementing any tracking programs.

Define who, where, and why DLP software will apply, and make sure every employee understands the need for tracking. Include consent in employee onboarding, and keep employees updated with changes to your monitoring tactics.

Protecting your company’s data is important, but make sure you’re not unintentionally bending privacy laws with your data loss prevention methods. Regularly check up on your approaches to make sure everything is in compliance with monitoring laws.

Lindsay is an editor for The American Genius with a Communication Studies degree and English minor from Southwestern University. Lindsay is interested in social interactions across and through various media, particularly television, and will gladly hyper-analyze cartoons and comics with anyone, cats included.

Social Media

We watched The Social Dilemma – here are some social media tips that stuck with us

(SOCIAL MEDIA) Here are some takeaways from watching Netflix’s The Social Dilemma that helped me to eliminate some social media burnout.

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Last weekend, I made the risky decision to watch The Social Dilemma on Netflix. I knew it was an important thing to watch, but the risk was that I also knew it would wig me out a bit. As much as I’m someone who is active “online,” the concept of social media overwhelms me almost more than it entertains (or enlightens) me.

The constant sharing of information, the accessibility to information, and the endless barrage of notifications are just a few of the ways social media can cause overwhelm. The documentary went in deeper than this surface-level content and got into the nitty gritty of how people behind the scenes use your data and track your usage.

Former employees of high-profile platforms like Facebook, Twitter, Instagram, Google, and Pinterest gave their two cents on the dangers of social media from a technological standpoint. Basically, our data isn’t just being tracked to be passed along for newsletters and the like. But rather, humans are seen as products that are manipulated to buy and click all day every day in order to make others money and perpetuate information that has astronomical effects. (I’m not nearly as intelligent as these people, so watch the documentary to get the in-depth look at how all of this operates.)

One of the major elements that stuck with me was the end credits of The Social Dilemma where they asked interviewees about the ways they are working to eliminate social media overwhelm in their own lives. Some of these I’ve implemented myself and can attest to. Here’s a short list of things you can do to keep from burning out online.

  1. Turn off notifications – unless there are things you need to know about immediately (texts, emails, etc.) turn it off. Getting 100 individual notifications within an hour from those who liked your Instagram post will do nothing but burn you (and your battery) out.
  2. Know how to use these technologies to change the conversation and not perpetuate things like “fake news” and clickbait.
  3. Uninstall apps that are wasting your time. If you feel yourself wasting hours per week mindlessly scrolling through Facebook but not actually using it, consider deleting the app and only checking the site from a desktop or Internet browser.
  4. Research and consider using other search tools instead of Google (one interviewee mentioned that Qwant specifically does not collect/store your information the way Google does).
  5. Don’t perpetuate by watching recommended videos on YouTube, those are tailored to try and sway or sell you things. Pick your own content.
  6. Research the many extensions that remove these recommendations and help stop the collection of your data.

At the end of the day, just be mindful of how you’re using social media and what you’re sharing – not just about yourself, but the information you’re passing along from and to others. Do your part to make sure what you are sharing is accurate and useful in this conversation.

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WeChat ban blocked by California judge, but for how long?

(SOCIAL MEDIA) WeChat is protected by First Amendment concerns for now, but it’s unclear how long the app will remain as pressure mounts.

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WeChat barely avoided a US ban after a Californian judge stepped in to temporarily block President Trump’s executive order. Judge Laurel Beeler cited the effects of the ban on US-based WeChat users and how it threatened the First Amendment rights of those users.

“The plaintiffs’ evidence reflects that WeChat is effectively the only means of communication for many in the community, not only because China bans other apps, but also because Chinese speakers with limited English proficiency have no options other than WeChat,” Beeler wrote.

WeChat is a Chinese instant messaging and social media/mobile transaction app with over 1 billion active monthly users. The WeChat Alliance, a group of users who filed the lawsuit in August, pointed out that the ban unfairly targets Chinese-Americans as it’s the primary app used by the demographic to communicate with loved ones, engage in political discussions, and receive news.

The app, along with TikTok, has come under fire as a means for China to collect data on its users. U.S. Department of Commerce Secretary Wilbur Ross has stated, “At the President’s direction, we have taken significant action to combat China’s malicious collection of American citizens’ personal data, while promoting our national values, democratic rules-based norms, and aggressive enforcement of U.S. laws and regulations.”

This example is yet another symptom of our ever-globalizing society where we are learning to navigate between connectivity and privacy. The plaintiffs also pointed out alternatives to an outright ban. One example cited was in Australia, where WeChat is now banned from government officials’ phones but not others.

Beeler has said that the range in alternatives to preserving national security affected her decision to strike down the ban. She also explained that in regards to dealing with national security, there is “scant little evidence that (the Commerce Department’s) effective ban of WeChat for all US users addresses those concerns.”

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Instagram makes IGTV videos more accessible with automatic closed captions

(SOCIAL MEDIA) This new feature for Instagram opens avenues for viewers who don’t or can’t use audio on IGTV videos, creating more accessibility for all.

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Instagram live being recorded will now feature auto captions.

In an effort to expand accessibility efforts, IGTV videos on Instagram will now include an auto captions option. While its parent company, Facebook, has included auto captions on uploaded videos since 2017, this new-for-Instagram feature is expected to widen audience viewership and increase potential viewing by those who prefer watching sans-audio.

In a statement by Facebook, the company states: “While there is no shortage of information, not everyone can access it. It needs to be available to the hundreds of millions of people in the world who are deaf or hard of hearing. According to the World Health Organization, over 5% of the world’s population – or 466 million people – have disabling hearing loss, and that is projected to increase to over 900 million by 2050.”

Current events have made the need for auto captions even more critical for inclusion. “The rapid spread of the COVID-19 pandemic caused a spike in both the supply and demand of public health information. Several local and state governments, that were accustomed to holding live press conferences but didn’t have the resources, staff or technology to record, stream, and caption their live events, turned to Facebook Live. Several governments also discovered that video captioning was not just a nice-to-have, but imperative, especially in the absence of available sign language interpreters,” states the company.

Currently, Facebook provides auto captions for videos in 16 languages and has announced that Instagram’s IGTV will have access to the same features. The caption accuracy is determined by the video’s audio quality, although AI technology is constantly improving in both precision and speed.

Additionally, branded content ads are likely to see an increase in consumer interaction. Recently published data by Facebook shows ads visually designed for watching with the sound off have 48% more relevance to viewers and a 42% higher purchase intent. As auto captions normalize across social media, users can expect ad content to utilize this feature to the fullest.

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