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Socially Aware Blog The Law and Business of Social Media

Monthly Archives: April 2012

A Dirty Job: TheDirty.com Cases Show the Limits of CDA Section 230

By Cecilia Ziniti on Posted in Ethics, Litigation, Privacy

We’ve reported before on Section 230 of the Communications Decency Act (CDA), the 1996 statute that states, “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”  Courts have interpreted Section 230 to immunize social media and other websites… Continue Reading

Caveat Emptor, Part II: A Brief Overview of Twitter’s Terms of Service and Related Documents

By Matthew R. King and Leo Martin on Posted in IP, Online Promotions, Privacy, Terms of Use

In our September 2010 issue of Socially Aware, we provided a brief overview of Facebook’s “Statement of Rights and Responsibilities,” the social media service’s complex set of terms and conditions that companies frequently “click-accept” with little review (often, in a rush to establish their Facebook presences).  Naturally, this situation is not limited to Facebook— for… Continue Reading

California Provides Social Media Guidance for Financial Institutions

By Heidi Johanns and Julie O'Neill on Posted in Financial Institutions

While Facebook, Twitter, LinkedIn and other social media platforms have become an increasingly important tool for businesses across industries to meet their customers’ needs and expectations, financial institutions have been slow to embrace social media.  This is likely attributable to the highly regulated environment in which financial institutions operate, the unique risks associated with operating… Continue Reading

FTC’s Privacy Report Suggests Tightening of Privacy Regime, Provides Guidance to Business

By Julie O'Neill, Reed Freeman and Nicholas Datlowe on Posted in FTC, Privacy

On March 26, 2012, the Federal Trade Commission (the “Commission” or “FTC”) released its much-anticipated final privacy report, Protecting Consumer Privacy in an Era of Rapid Change.  The report builds upon the Commission’s December 2010 preliminary report, and provides recommendations for businesses and policymakers with respect to online and offline privacy practices.  The report will… Continue Reading

The JOBS Act Opens Door for Crowdfunding Offerings

By David M. Lynn and Hashem Sabbagh on Posted in Crowdsourcing, JOBS Act, SEC, Securities Law

For several months, various legislative proposals that would ease regulatory and financing burdens on smaller companies have been discussed by legislators, business leaders and commentators. These proposals were brought together under the Jumpstart Our Business Startups (JOBS) Act (H.R. 3606). The JOBS Act was passed by Congress on March 27, 2012 and signed into law… Continue Reading

Relevance of Securities Laws in the Social Media Age – Seminar Series

By John Delaney on Posted in Event, SEC, Securities Law

Join us for this timely seminar series in New York, Palo Alto, and San Francisco. The use of social media by public companies and their employees raises many legal issues, such as the application of the federal securities laws to communications made through company websites, blogs, Twitter and Facebook. Those communications implicate laws regulating selective… Continue Reading