On May 15, 2013, in a case filed against Google by an entrepreneur selling dietary supplements and cosmetics (the “Plaintiff”), the German Federal Court of Justice in Karlsruhe (Bundesgerichtshof, the “Federal Court”) ruled that Google must remove any defamatory suggestions generated by its autocomplete search function. The Federal Court overturned an earlier ruling by the… Continue Reading
Tag Archives: Google
UK: The Latest Social Media Legal Updates
Posted in E-Commerce, LitigationIn our May 30, 2012 post on the Socially Aware blog—“Should We All Be Getting the Twitter “Jitters”? Be Careful What You Say Online (Particularly in the United Kingdom)”—we considered a variety of UK laws being used to regulate the content of tweets and other online messages. Since that post, there has been a series… Continue Reading
Jailbreak: U.S. Google Executives’ Italian Convictions Overturned
Posted in Litigation, PrivacyOn December 21, 2012, the third Milan appeals court acquitted three U.S.-based Google executives who had previously been convicted for breaches of Italian data protection law after Google failed to remove an abusive video from its Google Video site. The video, which showed schoolboys bullying a child with Down syndrome, remained on the Google Video… Continue Reading
Google AdWords Decision Highlights Contours of the CDA Section 230 Safe Harbor
Posted in IP, Litigation, Section 230 Safe Harbor, TrademarkIn a string of cases against Google, approximately 20 separate plaintiffs have claimed that, through advertisements on its AdWords service, Google engaged in trademark infringement. These claims have been based on Google allowing its advertisers to use their competitors’ trademarks in Google-generated online advertisements. In a recent decision emerging from these cases, CYBERsitter v. Google,… Continue Reading
Infographic: The Growing Impact of Social Media
Posted in Infographic, StatisticsJudge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit
Posted in Copyright, DMCA, LitigationOver the past year, a number of courts across the country have decided cases involving contributory infringement and the application of the Digital Millennium Copyright Act’s § 512(c) safe harbor in the social media context. Unfortunately for those who favor a uniform approach to the law, the precedent being developed is in many ways inconsistent. On… Continue Reading
Running Contests and Sweepstakes on Facebook, Google+ and Twitter: How the Rules Stack Up
Posted in Online Promotions, Terms of UseOver the past two years, Socially Aware has revisited Facebook’s Promotions Guidelines from time to time — even as recently as August 2011 — to help keep our readers up-to-date on how popular social media platforms seek to regulate contests, sweepstakes and other promotions. Online promotions are as popular as ever, and given that two-thirds… Continue Reading
Proposed Facebook Settlement Underscores the FTC’s Privacy Priorities
Posted in FTC, PrivacyOn November 29, 2011, the Federal Trade Commission (“FTC”) announced a proposed order against Facebook that builds upon both the FTC’s recommendations from its 2010 draft privacy report and precedents set in the order that it recently imposed on Google. Any business that collects personal information from consumers should pay close attention to this action… Continue Reading
Tracking the Trackers: Social Media Companies Face Pressure for Tracking Users’ Browsing Habits
Posted in PrivacyFacebook is facing renewed scrutiny following efforts to explain its data collection practices, which include tracking where and when members and nonmembers are browsing after they visit a Facebook page. At the end of 2011, USA Today reported on how Facebook tracks user browsing habits, following in-depth interviews with senior Facebook engineers and spokespersons. According… Continue Reading
Updated FINRA Guidance on Social Media Websites and the Use of Personal Devices
Posted in Securities LawOn August 18, 2011, the Financial Industry Regulatory Authority, Inc. (“FINRA”) issued Regulatory Notice 11-39 providing guidance to broker-dealer members on social networking websites and business communications. The notice represents FINRA’s first update to its guidance on social media since the release of Regulatory Notice 10-06 in January 2010. Regulatory Notice 11-39 merely clarifies existing… Continue Reading
Agreement Reached in Belgium on Google Street View Privacy Concerns
Posted in Privacy2010 and 2011 witnessed Google’s rollout of Street View, the search company’s mobile panoramic mapping service, in a number of European countries — but not without challenges to the Internet giant, which has had to enter into a variety of agreements with local European data protection regulators. On the heels of clashes with data protection… Continue Reading
Social Media Policies for IRS, Veterans Affairs, Distilled Spirits Council and More
Posted in FTC, Status UpdatesIRS Personal Use Policy Your tax dollars at work: The IRS has issued a new personal computer use policy that prohibits employees from using government computers to access social networking sites. Other personal-use websites, such as Craigslist, dating sites, and pornographic sites are also off-limits according to the new policy. Department of Veterans Affairs Social… Continue Reading
Two Recent Cases Illustrate Limitations of the CDA Section 230 Safe Harbor
Posted in Section 230 Safe HarborAlthough common law generally holds publishers responsible for the content that they publish, the Communications Decency Act (“CDA”) gives website operators broad protection from liability for content posted by users. Courts have applied the CDA in favor of website owners in nearly 200 cases, including cases involving Google, Facebook, MySpace, and even bloggers for content… Continue Reading
Google’s Mobile Device Tracking Raises Privacy Concerns
Posted in PrivacyGoogle’s recent announcement that it is preparing to offer behaviorally targeted ads for mobile devices has led to concerns regarding the tracking required to implement such functionality. Online behavioral advertising has typically been implemented using cookies placed through a user’s web browser when the user visits a website. Mobile devices, however, often access the Internet… Continue Reading