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The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment.

The U.S. Supreme Court denied certiorari in what has become known as the  “dancing baby” case—a lawsuit brought by a woman who sued Universal Music Group for directing YouTube to take down a video of her toddler-age son dancing to Prince’s “Let’s Go Crazy.” The high court’s decision leaves in place the decision of the Ninth Circuit Court of Appeals holding that copyright owners must consider the possibility of fair use before sending a DMCA takedown notice.

Queen Elizabeth II proposed to Parliament a law that would require social networking sites to honor Internet users’ requests to remove anything the users shared before turning 18. The European Union already requires search engines to abide by users’ requests to remove information as part of the “right to be forgotten,” but the information must fulfill several criteria to qualify for removal.

In an effort to minimize the extent to which social bots can manipulate public opinion, Germany plans to update its communication laws to require the operators of social media platforms to identify when posts were generated by social bots and not actual people. And, yes, the name in German for this labeling requirement is Kennzeichnungspflicht.

In other German social-media-news, police in that country raided the homes of 36 people accused of posting on social media hate speech that included threats and harassment based on race and sexual orientation, and left-wing and right-wing extremist content.

Making Texas one of 18 states to pass a bill on self-driving cars, Lone Star State governor Greg Abbott signed a bill confirming that car manufacturers may test autonomous vehicles on Texas roads and highways.

Bitcoin’s price might be surging, but it has yet to achieve widespread usage.

Motivated in part by her desire to avoid real-estate-agent fees, a London homeowner plans to sell her house by hosting a viewing on Facebook Live and receiving offers through Facebook Messenger.

Instagram is now allowing a limited number of users to identify branded content with a “paid partnership” subhead instead of using hashtags like #ad and #sponsored to identify sponsored posts. The platform says it plans to police paid sponsors’ disclosure obligations eventually, but—for now—educating and gathering feedback from Instagram’s community and launch partners is all Instagram hopes to achieve with the branded content tool.

Authorities in Helsinki plan to debut in the autumn what will be the world’s first regular driverless transportation system to reach the masses: public, autonomous-bus services. Will the job of “bus driver” one day join the list (along with “silent movie piano accompanist,” “elevator operator” and “switchboard operator”) of occupations rendered obsolete by new technologies?

On free speech grounds, a German parliamentary body struck down a draft German law that would have imposed up to 50 million euros in fines on social media companies that failed to remove or block racist and fake news posts within 24 hours or seven days, depending on whether the content’s racist or false nature is unambiguous.

To ensure President Trump’s tweets from the official @POTUS account and his personal account are preserved for future reference, Rep. Mike Quigley has introduced the COVFEFE Act, which would amend the President Records Act to include social media posts—a change that would ensure the President’s deleted tweets are documented for archival purposes and would make deleting tweets a violation of the Presidential Records Act subject to disciplinary action.

In a post on its “newsroom” page, Facebook published a list of seven “Hard Questions”—inquiries that address many of the most pressing issues today’s social media companies face, from the definition of “fake news,” to the fate of deceased users’ accounts. The post instructs readers to weigh in by emailing Facebook at hardquestions@fb.com.

Hoping to expand its user base, Twitter made design changes to its app again.

Examining one of the many ways Internet of Things devices pose security risks, Ars Technica describes a security consultant’s demonstration of how, using terrestrial radio signals, hackers can control a slew of Smart TVs, spying on the TVs’ owners using the TVs’ cameras and microphones and attacking other devices in the TVs’ owners’ home networks.

Despite the impact social media marketing can have on brand reputation, 60% of Fortune 500 CEOs reportedly have no social media presence at all.

Marketing Land and Business Insider published pieces describing how to use Snapchat’s new self-serve ad-buying tool, Ad Manager, the messaging app’s attempt to make advertising on Snapchat simpler and more accessible to small businesses.

Inc. Magazine provides a clear explanation of how the blockchain works, which industries it’s likely to change and what’s standing in the way of the blockchain’s widespread adoption.

There’s a new dating app for singles with little patience for protracted email exchanges.

One year since agreeing with the European Commission to remove hate speech within 24 hours of receiving a complaint about it, Facebook, Microsoft, Twitter and YouTube are removing flagged content an average of 59% of the time, the EC reports.

The U.S. Court of Appeals for the Second Circuit held that a catering company violated the National Labor Relations Act when it fired an employee for posting to Facebook a profane rant about his supervisor in response to that supervisor admonishing him for “chitchatting” days before the employee and his coworkers were holding a vote to unionize.

The value of the digital currency Ether could surpass Bitcoin’s value by 2018, some experts say.

The Washington Post takes a look at how the NBA is doing a particularly good job of leveraging social media and technology in general to market itself to younger fans and international consumers.

A judge in Israel ruled in favor of a landlord who took down a rental ad based on his belief that a couple wanted to rent his apartment after they sent him a text message containing festive emoji and otherwise expressing interest in the rental. The landlord brought a lawsuit against the couple for backing out on the deal, and the court held the emoji in the couple’s text “convey[ed] great optimism.” The court further determined that, although the message “did not constitute a binding contract between the parties, [it] naturally led to the Plaintiff’s great reliance on the defendants’ desire to rent his apartment.” For a survey of U.S. courts’ treatment of emoji entered into evidence, read this post on Socially Aware.

The owner of a recipe site is suing the Food Network for copyright infringement, alleging that a video the network posted on its Facebook page ripped off her how-to video for snow globe cupcakes.

Twitter’s popularity with journalists has made it a prime target for media manipulators, The New York Times’s Farhad Manjoo reports. As a result, Manjoo claims, the microblogging platform played a key role in many of the past year’s biggest misinformation campaigns.

The Knight First Amendment Institute at Columbia University claims that the @realDonaldTrump Twitter account’s blocking of some Twitter users violates the First Amendment because it suppresses speech in a public forum protected by the Constitution.

Pop singer Taylor Swift, who pulled her back catalogue of music from free streaming services in 2014 saying the services don’t fairly compensate music creators, has now made her entire catalogue of music accessible via Spotify, Google Play and Amazon Music.

To encourage young people in swing constituencies to vote for Labour in the UK’s general election, some Tinder users turned their profiles over to a bot that sent other Tinder users between the ages of 18 and 25 automated messages asking if they were voting and focusing on key topics that would interest young voters.

Please join Socially Aware contributors Anna T. Pinedo and Bradley Berman for a complimentary teleconference on regulatory developments that affect social media use on Thursday, June 15, from 12:00 pm – 1:00 pm EST.

This session will focus on the considerations for issuers, broker-dealers, registered investment advisers, and commodity pools in using social media, whether for corporate communications or in the context of securities offerings.

Topics of discussion will include:

  • Reg FD and other liability concerns;
  • FINRA guidance on communications and social media;
  • Social media for “business” versus “personal” use by employees of financial services firms;
  • SEC guidance for investment advisers;
  • General solicitation; and
  • CFTC and NFA guidance for funds.

Register here.

Twitter updated its online Privacy Policy to disclose that Twitter will be personalizing content and facilitating interest-based advertising by sharing information about its users’ online activity both on and off the microblogging site.

Since YouTube resolved to give brands greater control over the kind of content that their ads appear alongside, many of the platform’s content creators and personalities have seen their ad revenue plummet, and they’re not sure whether it’s a result of major companies continuing to avoid the platform, new ad-buying methods, or YouTube algorithms flagging their content as inappropriate.

A recently-released ABA ethics opinion states that, for communications with clients involving highly sensitive confidential client information, lawyers may need to take extra steps beyond using unencrypted email to guard against cyberthreats.

An IBM application built on its Watson artificial intelligence platform and designed to help financial services companies monitor their outside counsel spend reportedly saved one corporate customer close to $400 million a year in legal fees.

By advertising on quality news sites (and not just the big social media platforms where brands are currently spending the bulk of their online advertising dollars), corporate America can save not only critical watchdog journalism but also democracy itself, writes The New York Times’s Jim Rutenberg,

Has the influencer marketing model been jeopardized by the fiasco that was the Fyre Festival, which celebrity influencers including Kendall Jenner and Bella Hadid allegedly endorsed “without any proof of concept” and, contrary to FTC guidance, allegedly promoted on social media without clarifying that their posts were paid endorsements?

A new mental health app offers users support between professional therapy sessions by allowing them to anonymously message fellow members for support and by employing an artificial intelligence-based natural language processing system that can recognize and delete abusive messages and refer emergencies to a human moderator.

Wendy’s awarded a year’s worth of its chicken nuggets to a 16-year-old whose tweet asking the restaurant chain for a 365-day supply of the fast food went viral and broke Ellen DeGeneres’s record for the most re-tweeted post on Twitter (3.42 million retweets and counting).

GettyImages-183313080With over one billion websites on the Internet, and 211 million items of online content created every minute, it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are overwhelmed with online content, and we increasingly rely on others to separate good content from bad content so we can make more efficient use of our time spent surfing the web.

Consistent with this trend, many websites that host user-generated content are now focused on filtering out content that is awful, duplicative, off-topic or otherwise of little interest to site visitors. And these sites are often finding that humans—typically passionate volunteers from these sites’ user communities—do a better job than algorithms in sorting the wheat from the chaff.

Of course, any website that deals with user-generated content needs to worry about potential copyright liability arising from such content. We’ve discussed in past Socially Aware blog posts the critical importance of Section 512(c) of the Digital Millennium Copyright Act (DMCA) to the success of YouTube, Facebook and other online sites that host user-generated content. By providing online service providers with immunity from monetary damages in connection with the hosting of content at the direction of users, Section 512(c) has fueled the growth of the U.S. Internet industry. Continue Reading Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?

Dealmakers who responded to a recent Morrison & Foerster survey predicted that the market for M&A transactions in the technology sector will be even more robust in 2017 than it was in 2015 and 2016—years in which acquirers announced deals collectively valued at more than $1 trillion.

Now a report by MoFo’s M&A team leaders and 451 Research shows that Internet of Things-related transactions contributed significantly to the tech M&A market’s impressive numbers over the last few years. For one thing, IoT-related deals announced since 2013 have been valued at $147.3 billion.

For discussions of other IoT-related issues, check out Morrison & Foerster’s IoT Resource Center.

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Live Webinar: June 6, 2017 at 12:00 PM (ET) / 9:00 AM (PT)

The May 2018 compliance deadline for the EU’s new General Data Protection Regulation (GDPR) is fast approaching and—with non-compliance penalties of up to €20 million or 4% of annual global turnover at stake—you cannot afford to miss the deadline.

Please join Socially Aware contributors and Morrison Foerster privacy & data security attorneys Lokke Moerel and Marian A. Waldmann Agarwal for a complimentary, practical webinar explaining where you should be in your efforts to meet the May 2018 compliance deadline, where you need to be in a year, and how to get there.

Lokke and Marian will pay particularly close attention to the aspects of the GDPR that will have the greatest impact on your company’s operations:

  • How to best implement the GDPR’s extensive documentation requirements;
  • How the right to data portability and the individual’s right to be forgotten (RTBF) will impact your business; and
  • How vendors are implementing their new obligations under the GDPR and how vendor contracts will need to evolve to comply with GDPR requirements.

Register for the Data Protection Masterclass here.

A nice overview of the rules on researching jurors’ social media accounts in various jurisdictions from Law.com.

The importance of appearing at the top of Google search results, especially on mobile devices, is driving retailers to spend more and more on the search engine’s product listing ads, which include not just text but also the photos of products.

Researchers at the Massachusetts Institute of Technology designed a mobile robot that 3D-printed a building that is 50-feet-wide in 14 hours.

In the second half of 2016, Facebook received 9% more global government requests for users’ account data and—largely because users had stopped posting images of the 2015 Paris terrorist attack victims’ remains, which was against French law—28% fewer global government requests to remove content that violates local law.

After Kashmiris posted photos and videos depicting alleged military abuse in the days following a violence-plagued local election, authorities in the Indian-controlled region banned 22 social media sites, claiming it was necessary to restore order.

At the UEFA Champions League final in Cardiff, Wales, this summer, British police will pilot a new automated facial recognition (AFR) system to scan the faces of attendees and compare them to a police “persons of interest” database.

To show concerned citizens—and criminals—that they mean business, police in an Alabama city are live-broadcasting arrests on Twitter.

The data collected by the physical-activity-tracking device worn by a Connecticut murder victim contradicts the timeline of events given by her husband, a suspect.

One of the Kardashians is being sued by a photo agency for allegedly copying a copyrighted photo of her and posting it to her Instagram account.

And on the subject of user-generated content, owners of video content that is posted by users to Facebook without authorization can now claim ad earnings for the infringing content and set automated rules that will determine when infringing content should be blocked.

The editor of the MIT Technology Review provided interesting insights to Chatbots Magazine regarding the future and current state of artificial intelligence.

Police in Silicon Valley arrested a man for allegedly knocking down a 300-pound security robot while he was intoxicated.

A New York State senator has introduced a bill that would make posting footage of a crime to social media with the intention of glorifying violence or becoming famous punishable by up to four years in prison and fines.

Instagram hit the 700-million-user mark.

Brands spent 60% more on social media advertising in the first quarter of 2017 than they did in the same quarter last year, a new report shows.

But savvy brands will do more to leverage social media than just buy advertising, according to a columnist in Entrepreneur. Chatbots that can interact with customers on private messaging networks and in connection with in-app purchasing are the next big things.

And while we’re on the subject of private messaging networks, Tumblr is launching its own version, called Cabana. It encourages six friends to “hang out” and watch YouTube videos together.

Pointing out the inadequacy of many celebrities’ methods of disclosing their status as paid endorsers of the products they promote on Instagram, the FTC sent a letter to 90 high-profile social media users that provides some guidance on how to fulfill the endorsement guides’ requirement that sponsored posts be identified in a “clear and conspicuous” way.

LinkedIn has updated its terms of service and privacy policy, reportedly to make way for new platform features such as identifying when other LinkedIn members are in physical proximity to you, making available “productivity bots” to assist you in interacting with members of your LinkedIn network and allowing third-party services to display your LinkedIn profile to their users.

Facial recognition systems will soon be used to identify visa holders as they leave the United States, raising civil rights questions.

The U.S. population’s political polarization isn’t a result of the rise of social media, a new working paper issued by the National Bureau of Economic Research suggests, because hyper-partisanship is most prevalent among older Americans who are less likely than other Americans to consume media online.