At this moment, employees at companies across the country are “friending,” tweeting and blogging. It’s called social media, and it is so much more than surfing the Web. Thinking otherwise is, well, very last decade. Social media is how people network, gather and connect. We are it, and it is us. General counsel have two choices: prohibit its use or leverage it. Leverage is better. But what about a policy? Here are some questions GCs should ask themselves if they decide to create one.

1. Is the employee engaging in social media acting as a free agent? The Coca-Cola Co. recently came out with its social media policy. It has been getting a lot of good pulse on Twitter and the blogs, and I read it. One of its key features is the distinction between an employee acting as a free agent (engaging in social media on his own behalf, which may involve commenting on the company), and an employee acting as a company agent (engaging in social media on behalf of the company).

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