Privacy & Public Policy

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Don’t Bet on Online Gambling; But Online Trivia for Prizes?

The Texas Attorney General issued an opinion yesterday concluding the mere payment of an entry fee to participate in a contest that tests skill or speed, and that does not involve an element of chance, could be found not to constitute a bet under subsection 47.01(1)(B) of the Texas Penal Code. 
In other words, it may be … Continue Reading

BREAKING NEWS: Amazon agrees to pay taxes in Texas

The Houston Chronicle is reporting breaking news that Amazon has agreed to collect and more importantly pay sales taxes for sales made within Texas.  As a purchaser, I’m bummed.  But, as a father of two school children, it’s about time. 
This has been a hotly contested issue explained in more detail in my prior post from May of 2008.
Here’s … Continue Reading

How to Beat a Patent Troll [TedTalk Video]

We are in need of some reform, but in the meantime . . .

Thanks to David Leonard for sending.

The JOBS Act and Crowdfunding – Letting Go

President Obama is scheduled to sign the JOBS (Jump Start Online Business Startups) Act today that includes provisions to relax the rules on raising capital for equity to allow for crowdfunding.   See, sometimes the Government can work together to get things done. 
But, like with everything else, the devil is in the details — details that … Continue Reading

Private Employers Can Ask for Your Login, But I Would Advise Against It [Update]

A few days ago the Associated Press ran an article about one job applicant who was asked to provide their Facebook login and profile.  The story then got a lot of legs getting including a local TV News from Fox-26TV here in Houston (video below).
While private sector employers can certainly demand to see your profiles, provide … Continue Reading

Video Interview: Discussing the Role of Social Media in the Dharun Ravi Case with LXBN TV

Yesterday, I got the opportunity to speak with Colin O’Keefe of LXBN TV on the subject of the Dharun Ravi/Rutgers webcam spying case. In our brief interview, I explain why this case received the level of attention that it did, what social media’s role was in the proceedings and what we can learn from the case.  … Continue Reading

Guilty Verdict in Rutgers Spying Case – What would Texas do? [Audio]

Minutes ago, a New Jersey jury convicted Dharun Ravi in the Rutgers webcam spying case.  You can read more details here or listen to my Friday radio interview with News92FM here.   
In sum, Ravi took a secret webcam video of his roommate engaged in a homosexual encounter.   Ravi tweeted the incident and scheduled another viewing when he suspected there would … Continue Reading

Facebook Firings and Social Media Policies – Part 2

In the last post, we talked about whether you could fire someone for their Facebook posts.  We used the NLRB’s recent social media memorandum discussing 14 cases as a guideline. 
Today, we discuss social media policies.  Why should I have one and what should I have so they don’t get me in more trouble?
Why Have One?
I … Continue Reading

Facebook Firings and Social Media Policies – What to Do? – Part 1

Surely you can fire someone who mouths off on Facebook about the company, right?  After all, most employees (in Texas, anyway) are at will employees.  You may even have a social media policy that warns employees not to say disparaging things about the company online.  Unfortunately, it is not that clear.
The National Labor Relations Labor Board … Continue Reading

Part 2 – DO I NEED A WISP AND WHAT IS A WISP? Deadline Approaching for yours

In part one, we talked about whether you need a Written Information Security Plan or WISP and the importance of the March 1, 2012, deadline for vendor compliance.  Now, we discuss what exactly is in a WISP?
Generally speaking, it is supposed to cover the development, implementation, maintenance and monitoring of the collection and use of personal information.  … Continue Reading