Facebook is the most popular site on the Internet!

All indicators were headed to this new headline that as 2010 ends Facebook overtook Google as the most popular Internet site. Experian Hitwise reported that “8.9 percent of unique online visits were to Facebook this year, compared with Google's 7.2 percent,” and ComScore estimates that Facebook would “surpass Google for the first time in number of pages viewed.” Of course these details are not much of surprise given that Facebook collected more than $200 billion in revenue in 2010 which was more than double its 2009 revenue. But other measures such as top Buzzed Sites lists YouTube as #1 and Facebook as #6…. So I guess this reinforces my father’s view of statistics…. Which is there are three types of liars – #1 Liars, #2 Damn Liars, and #3 Statisticians!

Google Offers New Service Analyzing 500 Billion Words

After digitizing 5.2 million books Google now offers new tools that permit a fascinating view of language, culture, and evolution of thought unlike anything known before. Now anyone can analyze “500 billion words contained in books published between 1500 and 2008 in English, French, Spanish, German, Chinese and Russian.” Although the intended audience is for scholars, without question everyone can learn about more about our cultural evolution with Google’s new tools. One might wonder if these new Google tools could be applied to legal research to help the courts deal with social change. Without question Social Media is changing way people communicate and this new Google service will provide new insight about the future.

Facebook has $2B Revenue in 2010

As 2010 comes to an end Facebook now reports about $2B in revenue which is amazing for a number of reasons, not the least of which is that Facebook estimated revenue of closer to $1.5B (which was double the 2009 revenue) and not all that long ago Facebook was criticized for not being about to monetize at all. Now with 500+ active users it’s no wonder that Time recognized Mark Zuckerberg “Person of the Year 2010,” however one might wonder if Zuckerberg’s promise to give a sizable portion of his enormous wealth to charitable causes wasn’t a result of trying to improve the image of Facebook after the Social Network movie which portrayed Zuckerberg as not so nice. However without question mark Zuckerberg’s efforts to develop Facebook have had a significant influence on the evolution of Social Media.

CNN News - "Internet Privacy Interview"

My recent interview about "Internet Privacy" by CNN’s anchor Brooke Baldwin was very timely since the next day the Department of Commerce called for the creation of a Federal Office to Guide Online Privacy and published a white paper entitled: “Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework.” Although the proposed the new proposed Privacy Office would be part of the Department of Commerce the proposal was that the Federal Trade Commission (FTC) should be responsible for enforcement. Since Internet privacy is front page news because of a myriad of Internet sites, the FTC continues to keep an eye on protecting US citizens while at the same time the EU is also evaluating its 1995 Data Directive. In the US emails are generally private to employers, but in the EU (Canada, Japan, and other countries) emails are generally private to employees. So as the Internet and Social Media expand world-wide communications, which laws apply to email and text communications are still unclear. Stay tuned.

YouTube Top 2010 Buzzed Site- Facebook is #5

Mashable reports that Zeta Interactive released its Top 10 most buzzed Social Network list and Craigslist, Friendster, MySpace all dropped out of the Top 10 from 2009! This is a fascinating list:

As Social Media evolves this list will change, but it’s interesting that Google Buzz in #10 given its privacy litigation and settlement where it paid $8.5 million to organizations focused on Internet privacy education and policy.
 

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Identity Theft for the US Military Requires an Immediate Fix

A recent NY Times report is critical of the daily use of the military’s use social security numbers  (SSN)and birthdates, and how poorly Personal Identifiable Information (PII) is managed. Army intelligence officer turned West Point professor Lt. Col. Gregory Conti co-authored a report entitled “The Military’s Cultural Disregard for Personal Information” published at smallwarsjournal.com starts “Identity theft is not simply an inconvenience; it can lead to long-term financial and legal difficulties for individuals and families.” The report includes more than a dozen examples of misuse of PII including:

Social Security numbers and dates of birth are exposed to foreign customs officials when traveling on official orders.

Social Security numbers are exposed, all or in part, to contracted transportation companies and truck drivers during military moves.

Some military organizations use portions of Social Security numbers in email addresses and as computer user names.

Until recently, a Service Academy Alumni Association published books listing all graduate’s dates of birth. Copies are available on Ebay.

Service members, and their family members, frequently provide their Security number-laden military identification card to merchants, clerks, and night club bouncers for military discounts or as proof of age.

Service members in Iraq, Afghanistan, and other foreign countries must show their military identification card to locally contracted, foreign national security guards to gain entrance.

When I was in the Army Reserves 40 years ago the use of SSN was common place including our uniforms, and no one seemed concerned about identity theft. But in our Social Media world of 2010 clearly the US military needs to do something to help our troops and their families….sooner rather than later. This is a serious problem.

Legal Issues Concerning Social Media Use by Employees

Please join the webcast about Social Media Use with my good friends Michelle Cheng, Yvonne Gierczyk-Skasko, and me sponsor by the ALI-ABA (American Law Institute – American Bar Association) which be live on December 7, 2010 at 12:30pm CST. Michelle, Yvonne, and I will discuss our experiences with Facebook, LinkedIn, Yelp, and many other Social Media sites. We will discuss the Coca Cola Social Media Principles, a recommended Law Firm Social Media Policy, and this top ten list of the legal risks associated with employee use of Social Media:

1. Copyright Infringement – posting content without permission from the owner
2. Trademark Infringement – showing third party logos/TMs without permission
3. Right of Publicity/Privacy – showing a person’s image/likeness without permission
4. Defamation, Libel and Slander – making false claims about a person
5. False Advertising/Unfair Competition – making false claims about a product or service
6. FTC Guides on Endorsements & Testimonials in Advertising – truth in advertising principles apply in digital media and word of mouth marketing. Bloggers or Social Media influencers that are compensated to blog/post/tweet about the Company must disclose the fact that they were compensated. Employees should disclose the connection to their employer when blogging/tweeting/posting about the Company’s products or services in Social Media.
7. Disclosure of Proprietary/Confidential Information –disclosure of material information
8. Labor – FLSA issues - e.g. non-bargained for employees engaging in Social Media during off-hours.
9. Employee/HR issues – employee conduct on Social Media
10. Collection and Retention of Personally Identifiable Information (PII)

Please join us on December 7th AT 12:30pm CST and of course we welcome your comments and feedback.