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Socially Aware Blog The Law and Business of Social Media

Monthly Archives: February 2013

Decades-Old Japanese Electioneering Law May Get a Web 2.0 Refresh

Posted in Asia

Here at Socially Aware, we report regularly on the difficulties inherent in applying long-established laws to new technologies like social media. An interesting example of this is unfolding in Japan: it concerns a decades-old law that has been interpreted to prohibit candidates, parties, and even the voting public from engaging in most campaign-related activities on… Continue Reading

Dear Facebook, Could You Please Forget I Exist?

Posted in Privacy

Europe is currently undergoing a significant reform of its privacy regime. Under the current European Union (EU) Privacy Directive, individuals already have broad rights curtailing companies’ ability to process their personal data. The proposed EU Privacy Regulation seeks to broaden these rights even further. In particular, the proposed “right to be forgotten” may ultimately impose… Continue Reading

Social Media 2013: Addressing Corporate Risks – New York City Presentation

Posted in Event

Please join Socially Aware editor John Delaney as he chairs Practising Law Institute’s (PLI) “Social Media 2013: Addressing Corporate Risks.” Issues to be addressed at the conference include the following: Social media: How it works, and why it is transforming the business world Drafting and updating social media policies User-generated content and related IP concerns… Continue Reading

Thinking About Using Pictures Pulled From Twitter? Think Again, New York Court Warns

Posted in Copyright, DMCA, IP, Litigation, Terms of Use

If you want to use those pictures you found on Twitter, beware. A federal judge in New York recently held that taking photos from Twitter to use for a commercial purpose infringes the photographer’s copyrights. On January 14, 2013, Judge Alison Nathan ruled that Agence France Presse (AFP), which provides subscribers with access to photos… Continue Reading

FTC Announces Important Settlement With Social Networking App and Releases New Mobile App Report

Posted in FTC, Litigation, Privacy

The Federal Trade Commission (FTC) announced a potentially groundbreaking settlement with the social networking app Path and released an important new staff report on Mobile Privacy Disclosures late last week. The FTC’s Settlement with Path suggests a new standard may be on the near-term horizon: out-of-policy, just-in-time notice and express consent for the collection of… Continue Reading

You Can’t Make a Square Peg Fit in a Round Hole: California Supreme Court Holds Online Purchases of Electronically Downloadable Products Outside Scope of Song-Beverly Act

Posted in Litigation, Privacy

Handing a victory to online retailers, on February 4, 2013, the California Supreme Court held in a split decision that online transactions involving electronically downloadable products fall outside the scope of the Song-Beverly Credit Card Act (Apple v. Superior Court (Krescent), S199384). Despite acknowledging the unique fraud issues present in online transactions, the Court refused… Continue Reading

Watch What You Tweet: Proposed Social Media Guidance for Financial Institutions

Posted in Financial Institutions, Privacy

With the explosive growth of social media, consumers increasingly expect to be able to interact online with the companies from which they buy goods and services. As a result, financial institutions have begun to explore the use of social media, both to strengthen relationships with existing customers and to attract new ones. Financial institutions, however,… Continue Reading

Socially Aware Looks Back: The Social Media Law Year in Review

Posted in Employment Law, Litigation, Privacy

2012 was a momentous year for social media law. We’ve combed through the court decisions, the legislative initiatives, the regulatory actions and the corporate trends to identify what we believe to be the ten most significant social media law developments of the past year–here they are, in no particular order: Bland v. Roberts – A… Continue Reading