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Socially Aware Blog The Law and Business of Social Media

Monthly Archives: December 2012

FTC Snuffs Out Online “History Sniffing”

Posted in FTC, Privacy

The Federal Trade Commission (FTC) has cracked down on a company that was engaged in “history sniffing,” a means of online tracking that digs up information embedded in web browsers to reveal the websites that users have visited. In a proposed settlement with Epic Marketplace, Inc. and Epic Media Group (together, “EMG”) announced on December… Continue Reading

Google AdWords Decision Highlights Contours of the CDA Section 230 Safe Harbor

Posted in IP, Litigation, Section 230 Safe Harbor, Trademark

In a string of cases against Google, approximately 20 separate plaintiffs have claimed that, through advertisements on its AdWords service, Google engaged in trademark infringement. These claims have been based on Google allowing its advertisers to use their competitors’ trademarks in Google-generated online advertisements. In a recent decision emerging from these cases, CYBERsitter v. Google,… Continue Reading

FCC Rules That Opt-Out Confirmation Text Messages Do Not Violate the TCPA

Posted in FCC, Litigation

Waves of class actions have recently alleged that the delivery of an opt-out confirmation text message violates the Telephone Consumer Protection Act (TCPA). Thus, a Federal Communications Commission (“Commission”) Declaratory Ruling finding that a single opt-out confirmation text does not violate the TCPA comes at a crucial time. The Commission’s decision, issued on November 29,… Continue Reading

PeopleBrowsr Wins Round One Against Twitter

Posted in Litigation

The Superior Court of the State of California has entered a temporary restraining order requiring Twitter to continue to provide PeopleBrowsr with access to the Firehose, Twitter’s complete stream of all public tweets. Through the Firehose, Twitter provides third-party access to over 400 million daily tweets. PeopleBrowsr is a San Francisco-based social media analytics firm… Continue Reading

Which Side Are You On? Employers and Employees Battle Over Ownership of Social Media Accounts

Posted in Litigation

When an employee uses a social media account to promote his or her company, who keeps that account when the employee leaves? Perhaps more importantly, who keeps the friends, followers and connections associated with that account? Three lawsuits highlight the challenges an employer may face in seeking to gain control of work-related social media accounts… Continue Reading