Why All Organizations Need to Archive Social Media

1. Michael D. Osterman Principal, Osterman Research, Inc. Why All Organizations Need to Archive Social Media October 25, 2012

2. About Osterman Research Focused on the messaging, Web and collaboration industries Practice areas include archiving, security, encryption, content management, etc. Strong emphasis on primary researchconducted with decision makers andinfluencers Founded in 2001 Based near Seattle

3. Social Media – The Good Social media helps organizations connect with customers and prospects Key individuals in an organization can build a following as thought leaders Individuals can access the collective knowledge and learn from the observations of others Organizations can establish or build a brand Organizations can find out what the market thinks of their brand, their company or their senior executives

4. Social Media – The Bad • Social media is the fastest growing consumer of users’ online time • Some employees use social media even when not at work • It’s a good entry point for malware and other nasty stuff • Data can leak out of your organization in advertent ways • Lots of trips to a particular city? I’ll bet your company is working on a deal with X. • Geolocation helps outsiders track your key personnel • There are lots of really ill-advised things that can happen when your employees use social media

5. Social Media – The Ugly • “We just discharged a patient and my boss didn't know what papers he had to sign. I can't believe he's the boss. Idiot.” • “I told this customer I'd call them back. I lied. *hugs self*” • “stupid client. STUPID CLIENT.” • Doing business ethically: We lost a big government client because we refused to bribe the purchaser.” • “Okay, I've deleted your email and won't say anything sexual to you again. :) Promise.”

6. Is Social Media “Business Content”? • No • If you’re playing games or virtually farming • If you tweet to the world what you had for lunch • Yes • Social media content is increasingly used in legal actions • Municipalities tweet public service messages or emergency notifications • Financial services companies tweet advice to prospects • More and more brands have a presence on Facebook • Make offers • Post opinions • Request customer actions

7. Social Media is ImportantIt’s Content Must be Archived

8. NARA An October 2010 NARA bulletin explains that “Open and transparent government increasingly relies on the use of these [Web 2.0] technologies, and as agencies adopt these tools, they must comply with all records management laws, regulations, and policies. The principles for analyzing, scheduling, and managing records are based on content and are independent of the medium; where and how an agency creates, uses, or stores information does not affect how agencies identify Federal records.

9. Financial Services Regulatory Notice 10-06: “Every firm that intends to communicate, or permit its associated persons to communicate, through social media sites must first ensure that it can retain records of those communications as required by Rules 17a-3 and 17a-4 under the Securities Exchange Act of 1934 and NASD Rule 3110.” This notice requires pre-review of static content, the supervision of dynamic content and the supervision of customer complaints sent in social media. FINRA Regulatory Notice 11-39 (Social Media Websites and the Use of Personal Devices for Business Communications) addresses questions raised by firms that are affected by 10-06. The SEC published a National Examination Risk Alert (Investment Adviser Use of Social Media) in January 2012 that spells out investment advisers’ obligation related to the use of social media.

10. US Federal Government The US Department of Defense has provided formal guidance on the use of Web 2.0 tools, which includes guidance that “all users of these Internet-based capabilities must be aware of the potential record value of their content, including content that may originate outside the agency.” The Environmental Protection Agency has published Interim Guidance for EPA Employees who are Representing EPA Online Using Social Media, requiring that “agency records created or received using social media tools must be printed to paper and managed according to the applicable records schedule in a recordkeeping system.” The US State Department’s official policy, Using Social Media, requires a site sponsor to be the record keeper for content that must be preserved long term, requiring that records “be maintained with related records or managed through an acceptable records management application.”

11. Other Governments Oregon: “social media posts are public records” North Carolina: “[social media] posts of the employee administrator and any feedback by other employees ornon-employees, including citizens, will become part ofthe public record.” The government of Hong Kong: announced that it will retain all electronic content, “irrespective of the media and application in which the information is placed”

12. The Courts • A New York court ordered a plaintiff to produce her postings on Facebook and MySpace • Romano v. Steelcase Inc. • A court fined an attorney $522,000 for telling his client to delete various images from his Facebook and Myspace profiles. The client was fined $180,000 for following the advice to destroy evidence. • Lester v. Allied Concrete Co. • A court found that “given that Defendants have a discovery obligation to produce them (the Facebook pages) and that only Defendants knew when the website would be changed, it is more appropriate for Defendants to have that burden.” • Katiroll Co. v. Kati Roll & Platters, Inc. • According to FRCP rules, all employee-created social media content that is work- related, regardless of whether or not it was created on a personal account, is discoverable.

13. Summary Use social media where it provides advantages Develop policies THEN deploy technologies Monitor content leaving and entering your organization Archive business records: i.e., content that will be useful for litigation, regulatory compliance and other relevant purposes

14. For More Information Osterman Research, Inc. +1 253 630 5839 +1 206 905 1010 info@ostermanresearch.com www.ostermanresearch.com ostermanresearch.wordpress.com mosterman