I had a blast guest lecturing in the Chapman University classroom of Professor Niklas Myhr aka “The Social Media Professor.” We talked about social media, marketing, law and being an entrepreneur and the Q&A with Professor Myhr and his students was priceless!
On a side note, every time I speak and interact with today’s high school and college students, I consistently walk away from the experience knowing that the future of our country is good hands. These young adults are going to do amazing things. I hope each and everyone of them stays in contact!
Just in case you’re interested, click the picture below or here to watch Professor Myhr’s Facebook Live video.
Each day I share 30 years of legal, business, and entrepreneurial tips with you in what I call my #ActionJackson Tip of the Day!
Most tips are presented in short 30-60 second video clips on Twitter @MitchJackson (click here). Every now and then I’ll share the video clips on social media and my websites.
Today I shared the following tips about your legal rights when it comes to searches of your smartphone by police and Border Protection Agents. Hope you find this information useful. If so, please share with your family and friends. Also follow me on social at Mitch.Social
Related Post (excellent article)
Can Border Agents Search Your Electronic Devices? It’s Complicated.
For years, police and lawyers have been using items found in your home, pursuant to probable cause and a valid court issued search warrant, as admissible evidence in court. To think that for some reason, information residing on your Amazon Echo or Google Home is excluded from this general rule is naive.
Just like before, your right to privacy, First Amendment Rights of free speech, and your protection against unreasonable search and seizure under the Fourth Amendment of our US Constitution will continue to exist. And just like before, the rules protecting your rights and requiring lawyers to lay a proper foundation and authentication before using such evidence in a court of law will also continue to protect your rights.
However, if sufficient grounds exist, what you asked Echo or Home, and what is now stored in the cloud at Amazon and Google, is going to be discoverable. While I do believe there are well-established evidence code exceptions (such as the marital privilege we have in California), I do anticipate California case law to expand to include this new cloud-based “digital” evidence as part of what can be discovered by litigants, under the right circumstances, in a California civil or criminal case.
Legal Tip: When discussing business or anything else that you would like to keep confidential, unplug your Echo or Home and do so far away from your unit (and for that matter, any other type of potential listening device).
Several weeks ago I was interviewed on a podcast that discussed this very issue. You can click here to listen to not only my thoughts, but also those of Jared Correia and Louise Leduc Kennedy.
Along those same lines, this recent post by Brian Heater does an excellent job of explaining what you need to know, as a consumer and business person, about your privacy and this new technology.
What Influencers Need To Know and Do When Recommending Someone Else’s Products or Services!
When an influencer recommends another person or promotes, shares or sells a third party’s products or services, she may be exposing herself to liability. This concept also applies to influencers who appear to be representing a product or service by their endorsement or “taking over” a person or company’s social media account.
Before we get started, please keep in mind that although I am a lawyer licensed to practice law in California, I’m not your lawyer. No legal advice is given in this article, and you should consult a qualified lawyer in your state with your questions or needs.
Having gotten that little California State Bar requirement out of the way, I’d like to share the following thoughts with you. This is a complicated and developing area of the law. Conflict of law issues together with new court holdings make it important for influencers to stay on top of these legal issues. With this in mind, I hope you find value in this post.
Recommendations of People, Products, and Services
You are an influencer who is asked to recommend or use a third party’s products or services.
While each case is different, under both State and Federal law, anyone who recommends another person or company’s product or service, can potentially be held legally responsible for damages sustained by an end user. If someone in your audience reasonably relies upon your recommendation and suffers harm because of negligence or even an intentional act such as fraud by the client who hired you, then the victim(s) could potentially point the finger at you for making that recommendation. Theories of liability differ in each state but may include negligence, fraud, breach of express and implied warranty and defective product theories including strict liability. Special, general and even punitive damages may be available to victims showing harm, damages, and losses.
Continue reading “SOCIAL MEDIA INFLUENCER LIABILITY”
What would social media and livestreaming be without photography and videos?
I enjoyed being a (small) part of the Summit Live 2017 Photography Panel with the talented Roberto Blake, Keith Dixon, and livestreaming moderator extraordinaire, Ross Brand. Here’s the video.
I enjoyed sharing tips about Wills, Trusts, blogging and more in the New York classroom of Patricia Ragan. Here’s her blog post with links! (click here)