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Socially Aware Blog The Law and Business of Social Media

Tag Archives: Stored Communications Act

Stop Insider Tweeting!—Feds Eye Social Media for Securities Shenanigans

Posted in Financial Institutions, SEC, Securities Law

Article courtesy of Morrison & Foerster’s MoFo Tech As financial institutions and investors turn to social media to instantly share snippets of news and potential clues about market trends, the FBI and SEC are monitoring such postings for evidence of insider trading and improper investment information. Companies must comply with pre-Internet federal securities laws covering… Continue Reading

More Trouble With Work-Related Social Media Accounts

Posted in Litigation, Privacy

We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have addressed previously. In Castle Megastore Group, Inc. v. Wilson, plaintiff Castle Megastore Group (CMG), a retailer of novelty and… Continue Reading

We’ve Come for Your Tweets: Twitter to Appeal Denial of Its Motion to Quash District Attorney’s Subpoena

Posted in Litigation, Privacy, Terms of Use

As the Occupy Wall Street protests fade from memory, a related discovery battle between Twitter and the New York County District Attorney rages on. Earlier this year, we discussed the District Attorney’s efforts to subpoena user information and tweets of criminal defendant Malcolm Harris, an Occupy Wall Street protester charged with disorderly conduct for allegedly… Continue Reading

New York Court to Criminal Defendant: Your Tweets May Be Used Against You

Posted in Litigation, Privacy

In past Socially Aware posts, we have discussed using subpoenas in civil litigation to obtain evidence from social media sites, including whether individuals have a privacy interest in this information and how the Stored Communications Act may limit the use of subpoenas in civil cases.  Until now, we have not discussed these issues in the… Continue Reading

CDA Immunity Gives Social Media Providers Wide Latitude in Combating Spam

Posted in Section 230 Safe Harbor

As we reported last month, the safe harbor in Section 230 of the Communications Decency Act (“CDA”) immunizes social media providers from liability based on content posted by users under most circumstances, but not from liability for content that the providers themselves generate.  But what about when providers block Internet traffic such as “spam” –… Continue Reading

What Every Company Should Know About E-Discovery and Social Media

Posted in E-Discovery

With the exponential growth in the use of social media by individuals and corporations, civil discovery questions inevitably follow.  Courts and litigants have been left to grapple with questions regarding the discoverability of data on social media sites and the appropriate scope of such discovery.  Although the law will surely evolve in this area, some… Continue Reading