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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

Can Twitter ever secure data privacy, like even once?

(SOCIAL MEDIA) Twitter releases private information affecting already hurting businesses, should this even be a surprise anymore? They have a history of privacy breaches.

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Dear Twitter,

I don’t know if you’ve seen the news within the past two years, but Facebook’s been under continuous scrutiny for privacy malpractices that affected millions of its users, so unless your goal is to be the next social network to infringe upon our first amendment right to privacy, I suggest you GET IT TOGETHER!

Over the weekend, users, specifically businesses, realized their billing information was being stored in their browsers cache. This is devastating news for business owners who rely on Twitter to promote their product, or stay in touch with their customers, who over the recent months have already faced monumental challenges. It is hard as a business owner to not feel this is an intentional overreach of privacy.

In an age where we have actual robots to vacuum our floors, and 3D printing, I speak for the people when I say this is unacceptable.

This isn’t the first time Twitter has been caught privacy breaching. A little over a year ago, Twitter announced that they were fixing a bug, many weren’t even aware of, that released phone numbers, location, and other personal data. AND GET THIS, even those who selected the option to keep their information private were affected, so what the hell is the point of asking us our preference in the first place?!!!

What about the time that Twitter accounts could be highjacked by ISIS and used to spread propaganda? All because Twitter didn’t require an email confirmation for account access. Or what about when Twitter stored your passwords in plaintext instead of something easily more secure. Flaws like these show a distinct ability of Twitter to just half ass things; to make it work, but not think about how to keep the users safe.

Like I said in the beginning, get it together Twitter.

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Facebook’s Forecast wants ‘qualified’ predictions, but no one’s asking why

(SOCIAL MEDIA) Facebook is asking a bunch of so-called experts to chime in on what the future holds, but can we trust them with the information we’re giving them?

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Forecast app

These days, trolls don’t necessarily lurk beneath bridges in order to ensnare unsuspecting travelers. Instead, they hide out in the comment sections on social media posts, ready to incite wrath and stir up controversy with their incendiary remarks. Because Facebook knows how quickly reasonable discourse can quickly devolve thanks in part to these online trolls, they’ve made a move to establish intelligent discussions through their new “Forecast” app.

The premise of Forecast is fairly straightforward. Facebook has invited an assortment of so-called experts (whether they work in the medical field or academia, or some other field) to cast their vote on predictions about the future. Not only will they share their vote, though, they’ll also pitch in their own two cents about these predictions, sparking what is expected to be insightful and reasonable conversation about the topics.

However, while the premise is exciting (smart people! not basement dwellers! talking about serious stuff!), there’s more than a small amount of risk associated with Forecast. For starters, what exactly is Facebook planning on doing with all of this information that is being volunteered on their app? And secondly, are they going to take precautions to help prevent the spread of misinformation when these results are eventually published?

The fact is, Facebook is notorious for propagating and spreading misinformation. Now, I’m not blaming Facebook itself for this issue. Rather, the sheer volume of its user base inevitably leads to flame wars and dishonesty. You can’t spell “Fake News” with at least a couple of the same letters used in Facebook. Or something like that. The problem arises when people see the results of these polls, recognize that the information is being presented by these hand-picked experts, and then immediately takes them at face value.

It’s not so much that most people are simple minded or unable to think for themselves; rather, they’re primed to believe that the admittedly educated guesses from these experts are somehow better, smarter, than what would be presented to them by the average layperson. The bias is inherent in the selection process of who is and isn’t allowed to vote. By excluding everyday folks like you and me (I certainly wasn’t given an invite!), undue prestige may be attributed to these projections.

At the moment, many of these projections are silly bits of fluff. One question asks, “Will Tiger King on Netflix get a spinoff season?” Another one wonders, “Will Mulan debut on Disney+ at the same time as or instead of a theatrical release?” But other questions? Well, they’re a little more serious than that. And speculating on serious issues (such as COVID-19, or the presidential election) can lead to the spread of serious — and potentially dangerous — misinformation.

Facebook has implemented very strict guidelines about what types of questions are allowed and which ones are forbidden. That, at least, is a step in the right direction. It’s no secret that expectation can actually lead to the predicted outcomes, directly influencing actions and behaviors. While it’s too early to tell if Forecast will ever gain that much power, it undoubtedly puts us in a position of wondering if and when intervention may be necessary.

But I’ll be honest with you: I don’t exactly trust Facebook’s ability to put this cultivated information to good use. Sometimes a troll doesn’t have to be overtly provocative in order to be effective, and it wouldn’t be too much of a stretch to see someone in a position of power exploit the results of these polls to influence the public. It’ll be interesting to see if Forecast is still around in the next few years, but alas, there’s no option for me to submit my vote on that to find out.

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Well established Pinterest has a new competitor, Google Keen

(SOCIAL MEDIA) Google is constantly playing catch up, their new target is Pinterest. They have a new photo sharing social media app called Google Keen.

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Google Keen

It looks like Pinterest might finally have some competition: Google Keen. Notice the heavy emphasis on the word “might”.

It’s not hard to see why Google might feel a tad encroached upon by Pinterest, a photo-sharing and search-based platform; while Pinterest’s impact is relatively small in terms of taking traffic from the G-people themselves, any competition is unwelcome in Google’s eyes–perhaps justifying their move toward creating their own version of Pinterest.

Google Keen isn’t a direct ripoff–after all, they changed the name–but the general principle is the same: Users can create a “keen” for a specific visual topic, thus allowing them to search for, and add images of that topic. Google was quick to cite “bread” as a possible topic, which, according to Social Media Today, is a direct nod to recent Pinterest trends.

Subtlety never was Google’s strongest suit, and that seems to be a theme they’re reiterating here. Perhaps that’s why the Google Graveyard, a site we’ve addressed in the past, is full of tools that didn’t live up to their original inspiration (one of the latest additions being the half-baked Google Hangouts). Google Keen shows promise, but one can’t help but remember how Google’s Circles feature fared in Facebook’s shadow.

Keen is available for web and Android platforms, which answers one question while raising a few more. For example, while it makes sense that Google would brand Keen for their own smartphone audience, iPhone Google usage is notably high, and the Pinterest crowd loves a clean aesthetic (that’s another point in the Apple camp). As such, it might be in Google’s best Pinterests–I mean, interests–to implement an iPhone presence for the app as well.

It is worth noting that Google has taken deliberate inspiration from Pinterest in a lot of ways. So Keen may be a way for them to tout their adopted features and familiarize users with them so that, in the long run, they are able to begin migrating traffic back to their own platform from Pinterest. In a time in which any competition may open the door to disaster down the road, this is a move that, despite skepticism, makes sense.

After all, the Google Graveyard is operating at capacity, yet the tech behemoth continues to chug away. Who knows where their newest “innovation” may take them?

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