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.

GettyImages-525955707-600pxThe Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet service provider (“ISP”). The defendant ISP, T&S Software Associates (“T&S”), hosted a website that included a public forum called “HairTalk” where users could post content about hair, beauty, and celebrities.

HairTalk users posted photographs of Ke$ha, Julianne Hough, and Ashlee Simpson that were owned by the plaintiffs, BWP Media USA and National Photo Group (“BWP”), without BWP’s authorization. The plaintiffs sued T&S for direct and secondary copyright infringement based on the users’ posts. The district court granted summary judgment in favor of T&S as to both direct and secondary infringement and BWP appealed the judgment as to the direct infringement claim. Continue Reading 5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor

MobilWebApps-GettyImages-484543671-600pxBroker-dealers have been reluctant to fully embrace social media due to regulatory concerns. Although the industry regulator, the Financial Industry Regulatory Authority, Inc. (“FINRA”), has issued regulatory notices relating to the use of social media and the application of FINRA Rule 2210 (Communications with the Public), many gray areas have remained, dampening the use of Facebook, LinkedIn and other social media platforms by industry participants.

FINRA’s recent release of Regulatory Notice 17-18 may help to remedy that problem, however. Presented in the form of 12 FAQs commenting on the earlier regulatory notices, this latest notice provides the broker-dealer industry with greater guidance on its use of social media to communicate with customers and potential customers. Specifically, the FAQs expand on the areas of recordkeeping, third-party posts and the use of hyperlinks to third-party sites. FINRA acknowledged that the use of social media and digital communications has expanded in the time since its last regulatory notice on the use of social media by member firms, which was Regulatory Notice 11-29, issued in 2011.

Recordkeeping

The requirement that member firms retain records of communications that relate to their “business as such” under Rule 17a-4(b) of the Securities Exchange Act of 1934 applies to digital communications, including those that are made through text messaging and chat services, if the content of the communication relates to the firm’s business. Before using such services, the firm must first ensure that it can retain those business communications. Continue Reading FINRA Publishes New Guidance on Social Networking Websites and the Application of Rule 2210

GettyImages-520390753-600pxThe U.S. Department of Justice (DOJ) recently secured a notable victory against Google in a dispute over the enforceability of a U.S. search warrant seeking access to foreign-stored account data.

The April 19 ruling—from Magistrate Judge Beeler in the U.S. District Court for the Northern District of California—is the latest sign that DOJ is continuing to rely on the Stored Communication Act (SCA) to seek overseas account data even after the Department’s high profile defeat in the Second Circuit’s ruling in the Microsoft case.

And the opinion suggests that DOJ’s litigation strategy may be working.

The dispute arose after DOJ obtained a search warrant last year under the SCA directing Google to provide information related to specified Google user accounts. Google withheld some of the requested information and challenged the request. Google explained that it relies on algorithms to move user data around the world automatically to aid in network efficiency. Invoking the Second Circuit’s Microsoft ruling, which rejected DOJ’s efforts to obtain content stored on Microsoft servers in Ireland, Google argued that some of the requested data was stored exclusively overseas and therefore beyond the purview of an SCA warrant. Continue Reading Court Orders Google to Turn Over Foreign-Stored Data

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.

Buniess hand shake2017 will be an even busier year than 2016 and 2015 for M&A deals in the technology sector, according to more than half of the dealmakers who responded to the semi-annual M&A Leaders Survey conducted by our colleagues at Morrison & Foerster in partnership with 451 Research.

These results are surprising given that there was higher tech M&A spending in 2015 and 2016 than there had been in several years, and there were 12% fewer technology company acquisitions in 2017’s first quarter than there were in Q1 of 2015 or 2016.

What accounts for the dealmakers’ bullish outlook? According to the survey, one key factor appears to be President Trump, with four-out-of-ten (41%) respondents predicting that his future economic policies will stimulate domestic dealmaking.

For other key findings, takeaways, insights and analysis regarding the coming year in tech M&A, check out Morrison & Foerster’s M&A Leaders Survey Results.

GettyImages-179131621-600pxOne of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service providers can be held secondarily liable for the infringements of their users, and because this liability can come with statutory damages attached, the service provider’s potential economic exposure can be significant, especially for Internet service providers engaged in the transmission or hosting of user-generated content.

Moreover, the principle of joint and several liability may further increase this potential economic exposure for Internet service providers.

Under Section 504(c) of the Copyright Act, which permits a range of statutory damages for each infringed work, the principle of joint and several liability can make a defendant liable for multiple statutory damage awards for infringing a single work. The Ninth Circuit’s decision in Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc. two decades ago illustrates the operation of this principle.

The defendants in Columbia Pictures were three television stations that had directly infringed upon plaintiff’s copyrights independently of each other. Consequently, the company that owned the three stations was secondarily liable for their infringement. Relying in part on legislative history, the court held that the plaintiff was entitled to separately calculated statutory awards against each of the three stations as they were separate infringers, and that, with respect to these awards, each of the three stations was jointly and severally liable with their common owner. Continue Reading Limiting Statutory Damages in Internet Copyright Cases

03_April_SociallyAware_thumbnailThe latest issue of our Socially Aware newsletter is now available here.

In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we examine a Federal Trade Commission report on how companies engaging in cross-device tracking can stay on the right side of the law; we take a look at a Second Circuit opinion that fleshes out the “repeat infringer” requirement online service providers must fulfill to qualify for the Digital Millennium Copyright Act’s safe harbors; we discuss a state court decision holding that Section 230 of the Communications Decency Act immunizes Snapchat from liability for a car wreck that was allegedly caused by the app’s “speed filter” feature; we describe a recent decision by the District Court of the Hague confirming that an app provider could be subject to the privacy laws of a country in the European Union merely by making its app available on mobile phones in that country; and we review a federal district court order requiring Google to comply with search warrants for foreign stored user data.

All this—plus an infographic illustrating how emerging technology will threaten U.S. jobs.

Read our newsletter.

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 a photo from a woman’s Facebook page in promotional materials for the brewer’s Natural Light beer. We addressed some of the legal risks in seeking to commercialize user-generated content in a Socially Aware blog post last year that can be found here.

And while on the topic of copyright law and social media, a much smaller California business is being sued in federal court by one of its competitors, Founder’s Creek Media, for allegedly copying a copyrighted promotional product video from a Founder’s Creek page on Facebook and using the video as an advertisement for its own, similar product.

Germany may fine social media companies up to 50 million euros ($53 million) if they fail to remove posts that contain hate speech.

A court in Egypt sentenced a lawyer who has represented torture victims to ten years in prison for criticizing that country’s government on social media.

Using the data it aggregates about its users’ whereabouts, Snapchat introduced a new feature that allows marketers to determine whether the Snapchat users who view ad campaigns on the messaging app actually wind up visiting the advertisers’ retail locations and venues (in other words, whether their Snapchat ad campaigns are actually working).

Unbeknownst to most of its users, Twitter rolled out a “dislike” button months ago—but the consequences of using it aren’t clear.

A Business Insider article identifies ten things prospective employers and recruiters should be able to tell about you immediately upon viewing your LinkedIn profile.

An eight-year-old in Ohio took his four-year-old sister for a ride to McDonald’s in his family’s van, apparently after watching driving instruction videos on YouTube.

GettyImages-484516083_SMALLFor the third year in a row, Socially Aware co-editor Aaron Rubin and I attended SXSW Interactive, which arguably has become the premier annual gathering for the global tech community. But this year, SXSW Interactive had a very different vibe to it than in the prior two years.

In the past, a spirit of boundless optimism infused the event. A sense existed that there is no problem that could not be solved through technological innovation.

Indeed, at SXSW Interactive last year, President Obama—who was rapturously received by the audience—touched on this “can do” spirit in his keynote address:

“So the reason I’m here really is to recruit all of you. It’s to say to you as I’m about to leave office, how can we start coming up with new platforms, new ideas, new approaches across disciplines and across skill sets to solve some of the big problems that we’re facing today.”

What a difference a year can make. Perhaps it was due in part to the weather—overcast, wet and cold—but a pessimistic mood seemed to hang over this year’s edition of SXSW Interactive. Continue Reading Gloom Descends on This Year’s SXSW Interactive