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The Law
code is law
This regulator is codethe software and hardware that make cyberspace as it is. This code, or architecture, sets the terms on which life in cyberspace is experienced. It determines how easy it is to protect privacy, or how easy it is to censor speech. It determines whether access to information is general or whether information is zoned. It affects who sees what, or what is monitored. In a host of ways that one cannot begin to see unless one begins to understand the nature of this code, the code of cyberspace regulates.
To o m uc h
An employer's rules must create certainty and consistency in the application of discipline. This requires that the standards of conduct are clear and made available to employees in a manner that is easily understood. Some rules may be so well established and known that it is not necessary to communicate them.
Did the employee contravene a rule or standard regulating conduct in, or of relevance to, the workplace ... and ...
Was the rule a valid or reasonable rule or standard? Was the employee was aware, or could reasonably be expected to have been aware, of the rule or standard? Has the rule or standard has been consistently applied by the employer?
Case study
Suggestions ...
Implementation
Scope
Update frequency
Approval process; Continuity planning; Crisis planning; and Branding and similar guidelines
Copyright
Exclusive rights
Works
Licenses as a tool
Risky practice
Suggested approach
Read licenses
Sensitive information
Include condentiality provisions in employment contracts too, perhaps even non-solicitation provisions too.
Reputation
What is reputation?
Reputation is the opinion (more technically, a social evaluation) of the group of entities toward a person, a group of people, or an organization on a certain criterion. It is an important factor in many elds, such as education, business, online communities or social status.*
*http://en.wikipedia.org/wiki/Reputation
*http://en.wikipedia.org/wiki/Reputation
*http://en.wikipedia.org/wiki/Streisand_effect
2003 Collection of 12 000 Californian coastal properties Government sanctioned and commissioned project She sued for $50 million Went public and over 420 000 people viewed the photo online
Giggs Effect
His identity broke on Twitter He sued Twitter and Twitter users ...
*Giggs was also named in Parliament under a form of privilege as the poster boy for problematic superinjunctions
Perhaps most of all, the action is like pouring petrol on a re. In response to the ling, thousands more tweets are now pouring out naming the supposed individual all over again.
- Paid Content article at the time
Dave Carroll, travelling musician and, subsequently, social media expert; Custom $3 500 Taylor guitar smashed; United Airlines wouldnt take responsibility; Wrote 3 songs about the experience and published them to YouTube ...
*http://www.ibtimes.com/articles/20090724/youtube-complain-song-cost-united-airlines-180-million.htm
If you try to stick up for what you have a legal right to do, and you're somewhat worse off because of it, that's an interesting concept.
King 3
Recommended practices for better corporate governance (Not legally mandated but a pretty good idea)
The board should appreciate that stakeholders' perceptions affect a company's reputation
The board should delegate to management to proactively deal with stakeholder relationships
The board should strive to achieve the appropriate balance between its various stakeholder groupings, in the best interests of the company
Transparent and effective communication with stakeholders is essential for building and maintaining their trust and condence
The board should ensure that disputes are resolved as effectively, efciently and expeditiously as possible
It takes 20 years to build a reputation, and 5 minutes to ruin it. If you think about that, you will do things differently
- Warren Buffett
Crisis Management
Issue escalation
Clear roles
Discovery
Questions?
Thank You