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Socially Aware Blog The Law and Business of Social Media

Category Archives: Advertising

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Social Links: Burger King ad triggers Google Assistant devices; suits allege infringement of copyrights in content posted to social media; Twitter’s hidden “dislike” button

Posted in Advertising, Copyright, Free Speech, User-Generated Content

Without Google’s permission, Burger King ended one of its television commercials with a statement designed to automatically cause Google Assistant devices to read a list of the Whopper’s ingredients out loud. Having passed the 1.2-billion-user mark, Facebook Messenger is now twice as popular as Instagram. A lawsuit alleges Anheuser-Busch and one of its distributors impermissibly used… Continue Reading

Social Links: NJ court allows police to read suspects’ private messages; tech companies’ increased control over users’ devices; an app that blocks political posts

Posted in Advertising, Litigation, Privacy

A New Jersey court rules that state police can examine a suspect’s private social media messages without having to apply for an order under the state’s wiretapping laws. Technology companies are exercising a lot of control ever over users’ devices remotely, and it’s implicating privacy issues. Social media companies are reportedly considering putting up on their… Continue Reading

Social Links: Trump’s tweets & the Presidential Records Act; Google’s fake-news raid; tools to burst your social bubble

Posted in Advertising, Marketing, Mobile

Some industry observers are asking whether the post-inauguration tweets that President Trump is sending from his personal Twitter account may be subject to the same Presidential Records Act standards as official presidential communications. Spending on mobile ads is expected to reach how much by 2021?! Google recently banned 200 publishers from its AdSense network for… Continue Reading

Now Available: The November Issue of Our Socially Aware Newsletter

Posted in Advertising, Data Security, Social Media Policy

The latest issue of our Socially Aware newsletter is now available here. In this edition, we provide five tips for reducing potential liability exposure in seeking to exploit user-generated content; we examine a Ninth Circuit decision highlighting the control that social media platform operators have over the content and data that users post to those platforms; we discuss… Continue Reading

UK Consumer Protection Regulator Cracks Down on Undisclosed Endorsements and “Cherry Picking” Reviews on Social Media

Posted in Advertising, Influencer Marketing, Online Endorsements, Online Reviews, UK

Social media is reportedly rife with influencers promoting or reviewing products or services without disclosing compensation or other consideration that they’ve received for such endorsements. The Competition and Markets Authority (CMA), the UK’s consumer protection regulator, is stepping up efforts to combat such undisclosed endorsements. Following a ruling against an influencer marketing company, Social Chain… Continue Reading

Social Links: Instagram’s “offensive comment” filter; Twitter’s TV app; YouTube’s “Community” feature

Posted in Advertising, Cyberbullying, European Union, First Amendment, Litigation, Livestreaming, Marketing, Privacy

Instagram now allows users to hide offensive comments posted to their feeds. Take that trolls! Soon you’ll be able to watch Twitter content like NFL Thursday Night Football on a Twitter app on Apple TV, Xbox One and Amazon Fire TV. “Ballot selfie” laws—laws that prohibit posting online photos of completed election ballots—are being challenged… Continue Reading

Interest-Based Advertising Disclosure Requirements Become More Clear—and Potentially More Burdensome

Posted in Advertising

Recent enforcement decisions within the digital advertising industry indicate a shift in—and a clarification of—the required disclosures for companies engaged in interest-based advertising (IBA). In particular, these decisions, taken together, indicate that an app developer’s link to its privacy policy at the point of app download may be deemed insufficient, unless the link points directly… Continue Reading

Social Links: Snapchat ad revenue grows; the UK’s revenge porn problem; laws that enable control of digital assets after death

Posted in Advertising, Cyberbullying, Free Speech, Marketing, Privacy

Snapchat is on track to rake in an enormous amount of ad revenue by 2017. Also, there’s mounting evidence that the company is working toward developing a Google Glass-like product. We have written previously about the scourge of revenge porn; it turns out the UK has a serious revenge porn problem, too. A new law… Continue Reading

Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media investor shares his strategy

Posted in Advertising, First Amendment, Free Speech, Marketing, Mobile

Instagram now allows users to zoom in on photos in their feeds and at least 11 brands are already capitalizing on the new feature. Pinterest acquired Instapaper, a tool that allows you to cache webpages for reading at a later time. A social-media celebrity with 500,000 followers and a lot of people interacting with his… Continue Reading

Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group questions Kardashians’ social media posts

Posted in Advertising, Employment Law, Endorsement Guides, Free Speech, FTC, Labor Law, Litigation, Marketing, Mobile, Privacy

Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them. The National Labor Relations Board decided a social media policy that Chipotle had in place for its employees violates federal labor law. A group of lawmakers plans to introduce legislation that would criminalize revenge porn—explicit images… Continue Reading

Social Links: Twitter offers anti-harassment tools; Pinterest takes on video ads; P&G changes its social strategy

Posted in Advertising, Cyberbullying, Disappearing Content, First Amendment, Litigation, Marketing

Twitter took steps to remedy its harassment problem. In addition, over the last six months, Twitter suspended 235,000 accounts that promoted terrorism. The Washington Post is using language-generation technology to automatically produce stories on the Olympics and the election. Video ads are going to start popping up on Pinterest. Does it make sense for big… Continue Reading

Social Links: Facebook’s anti-ad-blocking software; LinkedIn’s “scraper” lawsuit; FTC’s upcoming crackdown on social influencers

Posted in Advertising, Compliance, Cyberbullying, Data Security, Endorsement Guides, Free Speech, Litigation, Marketing, Mobile, Online Endorsements

Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but Adblock Plus has already foiled the platform’s efforts, at least for now. A look at Twitter’s 10-year failure to stop harassment. Are mobile apps killing the web? LinkedIn sues to shut down “scrapers.” The FTC is planning… Continue Reading

Social Links: Twitter’s tough quarter; Yelp warns users about litigious dentist; Pinterest battles Snapchat

Posted in Advertising, Digital Content, Disappearing Content, Marketing, Mobile

Instagram now allows celebrities to block trolls. While Facebook reached new highs last quarter, Twitter continued to stumble. Will adding more live video content or allowing users to create Snapchat-like collage custom emojis over photos help Twitter regain its footing? Tips for fixing your company’s social media marketing strategy. A pop singer told fans to… Continue Reading

Now Available: The July Issue of Our Socially Aware Newsletter

Posted in Advertising, Copyright, Digital Content, Employment Law, Online Promotions

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award winning guide to the law and business of social media, we take a look at courts’ efforts to evaluate emoticons and emojis entered into evidence; we describe the novel way one court addressed whether counsel may conduct… Continue Reading

Social Links: The ramifications of Microsoft’s LinkedIn purchase; the brands using Snapchat; lawyers’ social media use

Posted in Advertising, Ethics, Marketing, Mobile, Online Promotions

Lots of press surrounding Microsoft’s purchase of LinkedIn: Will LinkedIn change as a result? Will the Microsoft purchase inspire a Twitter acquisition? “Spam King” gets 30 months in jail for sending 27 million messages. One columnist says you should stop measuring your social media marketing reach. Twitter is now allowing brands to target ads to… Continue Reading

Social Links: Social’s potential to upend the investment industry; online ad fraud; a proposal to fix Twitter

Posted in Advertising, Compliance, Digital Content, Disappearing Content, Endorsement Guides, Ethics, Fraud, FTC, Marketing

Social media has upended a number of industries. Is Wall Street next? Facebook is getting into the video game live-streaming business. Steven Avery’s defense attorney is keeping her 163,000 Twitter followers abreast of her ongoing defense work on behalf of the “Making a Murderer” documentary subject, and some lawyers think it’s a bad idea. Five quick and… Continue Reading

Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?

Posted in Advertising, Defamation, FTC, Internet of Things, Litigation, Marketing

The Newspaper Association of America has filed a first-of-its-kind complaint with the FTC over certain ad blocking technologies. Is it “Internet” or “internet”? The Associated Press is about to change the capitalization rule. Lots of people criticized Instagram’s new logo, but, according to a design-analysis app, it’s much better than the old logo at doing… Continue Reading

Will Ad Blockers Kill Online Publishing?

Posted in Advertising, Litigation, Privacy

The Internet contains over 4.6 billion Web pages, most of which are accessible for free, making content that we used to have to pay for—news, videos, games—available without having to hand over a credit card number. What makes all of this possible is online advertising. As Internet industry commentator Larry Downes has noted, “If no… Continue Reading

Show Me the Money: Are Social Media Celebrities and Other Online Content Creators Really Raking in the Cash?

Posted in Advertising, Compliance, Digital Content, Endorsement Guides, FTC, Online Endorsements

Social media has allowed aspiring authors, musicians, filmmakers and other artists to publish their works and develop a fan base without having to wait to be discovered by a publishing house, record label or talent agency. And that seems to have made at least modest celebrity easier to achieve. The financial rewards that we usually… Continue Reading

Social Media Competitions in the UK: Play Fair

Posted in Advertising, Compliance, UK

With 1.65 billion users on Facebook, 332 million users on Twitter and 400 million on Instagram, it is unsurprising that many companies are seeking to increase brand awareness and customer engagement by running competitions via social media. If you want to avoid attracting the scrutiny of UK regulatory authorities, however, you will want to ensure… Continue Reading

Social Links—Fines for social-media-posting jurors; Microinfluencers; Snapchat’s and Tinder’s sketchy new features

Posted in Advertising, Disappearing Content, Litigation, Privacy

A lawsuit alleges this Snapchat feature is making driving even more dangerous, and it’s not texting or instant messaging. This state is considering imposing hefty fines on jurors who post information to social media about the lawsuits they’re hearing. Facebook pulls back the veil (ever so slightly) on political ads. The exposure of the personal… Continue Reading

Now Available: The April Issue of Our Socially Aware Newsletter

Posted in Advertising, Digital Content, E-Commerce, Employment Law, European Union, Internet of Things, IP, Labor Law, Privacy, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we discuss what a company can do to help protect the likes, followers, views, tweets and shares that constitute its social media “currency”; we… Continue Reading

Now Available: The March Issue of Our Socially Aware Newsletter

Posted in Advertising, Compliance, Copyright, Discovery, E-Commerce, Endorsement Guides, Eurpoean Union, FTC, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York State Appellate Division opinion significantly limiting a personal-injury-case defendant’s access to the… Continue Reading

Now Available: The January Issue of Our Socially Aware Newsletter

Posted in Advertising, Cyberbullying, Data Security, Endorsement Guides, FTC, Marketing, Online Endorsements, Privacy, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we offer practical tips to help ensure the enforceability of website terms of use; we discuss the FTC’s ongoing efforts to enforce disclosure obligations in social media advertising; we examine… Continue Reading