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Tag Archives: Facebook

Status Updates

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Facebook reported strong results for ad revenue in the second quarter of 2014. Mobile advertising was particularly strong, up 30 percent from last year. Mobile ads now account for 62 percent of Facebook’s advertising revenue. A federal district judge in California declined to dismiss a case against Google that alleged that it did not adequately… Continue Reading

Status Updates

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An Illinois woman was arrested on July 11 and charged with theft after she allegedly stole a dress from a boutique in West Frankfort, Illinois, then posted a selfie wearing the dress on her Facebook page. Police Chief Shawn Talluto noted, “[W]hen the social media aspect played into it, we were able to identify who… Continue Reading

Status Updates

Posted in Status Updates

 The average millennial checks his or her smartphone 45 times a day and learns about news online primarily through Facebook and Twitter, according to a new survey. Search engines and email, the “more traditional” venues, rank well below social media as a source of information. The Securities and Exchange Commission has suspended trading in Cynk… Continue Reading

Status Updates

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The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded guilty under the law to creating a Facebook page that included graphic sexual comments alongside photos of classmates at… Continue Reading

Status Updates

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Twitter is rolling out a new type of advertising that reportedly has been very successful for Facebook’s mobile business — mobile-app install ads, which link directly to games and other apps in popular mobile app stores. An Idaho state court affirmed the Idaho Industrial Commission’s denial of unemployment benefits to a nurse who was discharged after… Continue Reading

Status Updates

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Facebook’s deputy general counsel describes the company’s pushback since last summer against sweeping search warrants issued by a court in New York for private data from no fewer than 381 Facebook users. The company regards the warrants as overbroad and unconstitutional. The San Francisco city attorney has ordered the developer of a new mobile app… Continue Reading

Status Updates

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In the top news story of the day, the U.S. Supreme Court ruled against Aereo in a closely watched copyright dispute with broadcasters; the Court found that Aereo engages in unauthorized public performances in violation of U.S. copyright law. Will cloud storage models survive this decision? What remains, if anything, of the Second Circuit’s landmark… Continue Reading

Status Updates

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Lately, when Facebook has wanted to increase its users’ engagement on its site, it has turned to taking out ads—on Facebook. The theme is “Where will your friends take you?” Yahoo CEO Marissa Mayer told audiences at the International Festival of Creativity in Cannes that Tumblr, which is owned by Yahoo, is the best place… Continue Reading

Status Updates

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Are threats made on social media protected free speech, or potentially criminal acts? The U.S. Supreme Court has agreed to examine the constitutionality of a federal law making it a crime to transmit communications containing “any threat to injure the person of another.” In this case, the “threats” were in a series of Facebook postings…. Continue Reading

“Do You Want to Know a Secret?” The Risks Posed by Anonymous Social Apps

Posted in Privacy

First we had social media platforms, but recently a variety of “anti-social” media platforms have emerged—well, anti-social in a sense. For years, social media platforms have encouraged (or even, in some cases, required) us to use our real identities, with the aim of building friendships and networks in the online world. But these new social… Continue Reading

Status Updates

Posted in Status Updates

Some freelancers are turning to social media to try to get paid for their work, often by making postings on vendors’ Facebook pages asking for overdue payments. This online shaming tactic is often successful but in some cases may lead to legal jeopardy for the freelancers. Arkansas legislators are considering changing a 2013 law after… Continue Reading

Status Updates

Posted in Status Updates

The CIA has entered the realm of social media, setting up a Twitter presence and a Facebook account. There one can find, among other things, reflections on intelligence history and fun facts from the CIA World Factbook. On May 23, Louisiana became the latest state to enact a law prohibiting employers and public and private… Continue Reading

Status Updates

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The U.S. Secret Service is looking for software developers who can write programs that are capable of detecting sarcasm in postings on social media sites in order to distinguish real threats from facetious ones; some critics said that this is intrinsically a futile effort and that programs can’t effectively make the distinction. On May 30, a… Continue Reading

French Consumer Association Takes on Internet Giants

Posted in Litigation, Privacy

Earlier this year, the French consumer association UFC-Que Choisir initiated proceedings before the Paris District Court against Google Inc., Facebook Inc. and Twitter Inc., accusing these companies of using confusing and unlawful online privacy policies and terms of use agreements in the French versions of their social media platforms; in particular, the consumer association argued… Continue Reading

SEC Staff Guidance on the Use of Social Media in Securities Offerings, Tender Offers, Business Combinations and Proxy Contests

Posted in SEC, Securities Law

The staff of the Division of Corporation Finance of the U.S. Securities and Exchange Commission (SEC) recently provided guidance on applying its rules regarding communications in connection with securities offerings, tender offers, business combinations and proxy contests when statements are made utilizing certain social media channels. The staff’s guidance permits the use of a hyperlink… Continue Reading

Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law?

Posted in FTC, Litigation, Privacy

The Federal Trade Commission’s (FTC) announcement that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement action involving allegedly deceptive practices online. But hidden in the facts of Jerk’s alleged misbehavior is a potentially significant expansion of the FTC’s use… Continue Reading

The Internet of Things Part 2: The Old Problem Squared

Posted in Ethics, FTC, Internet of Things, IP, Privacy

Cisco estimates that 25 billion devices will be connected in the Internet of Things (IoT) by 2015, and 50 billion by 2020. Analyst firm IDC makes an even bolder prediction: 212 billion connected devices by 2020. This massive increase in connectedness will drive a wave of innovation and could generate up to $19 trillion in… Continue Reading

U.S. Courts’ Evolving Approaches to Social Media E-Discovery

Posted in Discovery, E-Discovery, Litigation

Courts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in social media fishing expeditions; rather, litigants will be required to show that the sites likely contain relevant material. We explore below… Continue Reading

German Court Rules Against Facebook’s “Friend Finder”

Posted in Litigation, Privacy

On January 24, 2014, in a case filed against Facebook by German consumer protection association VZBV, the Berlin Court of Appeal (“Court”) upheld a lower court ruling that Facebook’s “Friend Finder” function is unlawful. The Court agreed with the Berlin Regional Court’s 2012 decision that the Friend Finder function violates both German data protection law… Continue Reading

Uncovering a Line in the Sand: Employee Social Media Use and the NLRA

Posted in Employment Law, Litigation

If an employee calls his supervisor a “nasty motherf[**]ker” on Facebook, would the employee lose the protection that he would otherwise enjoy under the National Labor Relations Act (NLRA)?  Probably not, according to National Labor Relations Board (NRLB) decisions like Pier Sixty LLC. In Pier Sixty, an employee reacted to a labor dispute by posting… Continue Reading

Refining the First Amendment Status of Social Media Activity by Government Employees

Posted in Employment Law, First Amendment, Litigation, Supreme Court

The Supreme Court’s 1968 decision in Pickering v. Board of Education allows governmental employers, including law enforcement agencies, to fire or discipline employees for disrupting operations with excessive complaining, but it prohibits governmental employers from firing or disciplining an employee for speaking out on matters of public concern as a private citizen if the employee’s… Continue Reading

FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions

Posted in Financial Institutions

On December 11, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued final guidance for financial institutions relating to their use of social media (the “Guidance”).  With its release, the FFIEC adopts its January 2013 proposed guidance in substantially the same form.  (Socially Aware’s overview of the proposed guidance is available here.) Financial institutions should… Continue Reading

Two Circuits Address the First Amendment Status of Facebook Activity

Posted in Employment Law, Litigation, Privacy, Supreme Court

Two recent U.S. appellate court decisions have clarified the extent to which the First Amendment protects the social media activities of government employees.  In Gresham v. City of Atlanta, the Court of Appeals for the Eleventh Circuit found that an individual’s First Amendment interest in posting to Facebook is reduced when he or she configures… Continue Reading

Potential Limitations Placed on Unilateral Right to Modify Terms of Use

Posted in Litigation, Terms of Use

Contractual provisions giving a website operator the unilateral right to change its end user terms of service are ubiquitous and appear in the online terms of many major social media sites and other websites, including Facebook, Twitter, Instagram and Google. Although amendments to terms of service quite often cause consumers to complain, litigation regarding such… Continue Reading