Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent. The judgment is believed to be one of the largest awards relating to revenge porn. A Socially Aware post that we wrote back in 2014 explains the difficulties of using causes of action like copyright infringement—and state laws—as vehicles for fighting revenge porn.

The highest court in New York State held that whether or not a personal injury plaintiff’s Facebook photos are discoverable does not depend on whether the photos were set to “private,” but rather “the nature of the event giving rise to the litigation and the injuries claimed, as well as any other information specific to the case.”

A federal district court held that Kentucky’s governor did not violate the free speech rights of two Kentucky citizens when he blocked them from commenting on his Facebook page and Twitter account. The opinion underscores differences among courts as to the First Amendment’s application to government officials’ social media accounts; for example, a Virginia federal district court’s 2017 holding reached the opposite conclusion in a case involving similar facts.

Having witnessed social media’s potential to escalate gang disputes, judges in Illinois have imposed limitations on some juvenile defendants’ use of the popular platforms, a move that some defense attorneys argue violates the young defendants’ First Amendment rights.

A bill proposed by California State Sen. Bob Hertzberg would require social media platforms to identify bots—automated accounts that appear to be owned by real people but are actually computer programs capable of simulating human dialog. Bots can spread a message across social media faster and more widely than would be humanly possible, and have been used in efforts to manipulate public opinion.

This CIO article lists the new strategies, job titles and processes that will be popular this year among businesses transforming into data-driven enterprises.

A solo law practitioner in Chicago filed a complaint claiming defamation and false light against a former client who she alleges posted a Yelp review calling her a “con artist” and a “legal predator”  after, allegedly pursuant to the terms of his retainer, she billed $9,000 to his credit card for a significant amount of legal work.

Carnival Cruise Line put up signs all over the hometown of the 15-year-old owner of the Snapchat handle @CarnivalCruise in order to locate him and offer him and his family a luxurious free vacation in exchange for the transfer of his Snapchat handle—and the unusual but innovate strategy paid off. Who knew that old-school billboards could be so effectively used for one-on-one marketing?

As Socially Aware readers know, social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s legal risks at Practising Law Institute’s (PLI) 2018 Social Media conference, to be held in San Francisco on Thursday, February 1st, and in New York City on Wednesday, February 14th; both events will be webcasted. The conference will be chaired by Socially Aware co-editor John Delaney, and our other co-editor, Aaron Rubin, will also be presenting at the event.

Topics to be addressed will include:

  • The new business opportunities—and legal risks—that social media is providing for businesses
  • What every company should know about online contractual eco-systems
  • How to avoid running afoul of the law when employing social media influencers and using marketing tools like user-generated content, hashtags and native advertising online
  • The privacy-related developments that have arisen in connection with geo-location tracking and interest-based advertising
  • How to minimize the risks that accompany social media use in the workplace

In addition, an in-house panel will provide creative solutions to real-world social-media-related issues and address emerging social media trends.

Don’t miss this opportunity to get up-to-date information on the fast-breaking developments in the critical area of social media so that you can most effectively meet the needs of your clients.

For more information or to register, please visit PLI’s website here. We hope to see you there!

Often derided as clickbait, listicles get a bum rap. They can be light on substantive content, sure, but sometimes that’s a good thing, especially for the busy readers of legal blogs, who would do well to treat themselves to some easily browsable reading material once in a while.

And so, at Socially Aware, we’ve made an annual tradition of curating a “List of Lists”—an inventory of the predictions, retrospectives and roundups that we think will be of most interest to our readership.

We’ll update this page throughout the month as additional pertinent content is published.

Happy 2018!

Technology & Social Media Law

The Top 10 Legal Tech Stories of 2017

UK Internet Law Developments to Look Out for in 2018

Social Media (General)

Most Popular Social Media Apps

7 Social Media Trends That Dominated 2017

8 Things We Learned About Social Media in 2017

7 Social Media Trends That Will Dominate 2018

10 Social-Media Trends to Prepare for in 2018

8 Top Social Media Trends to Look Out for in 2018

Social Media Trends to Watch For in 2018

Top 5 Social Media Trends to Put Into Practice in 2018

The Web 100

Continue Reading A List of Lists

With much fanfare, the Federal Trade Commission (FTC) continues to take actions relating to so-called “social media influencers” who allegedly fail to disclose material connections to the products or brands they endorse. Recurring enforcement actions and guidance—and the FTC’s ongoing promotion of its own efforts, such as through Twitter chats—make it clear that the FTC believes that its message has still not been heard by all of the players in this advertising ecosystem, including influencers themselves.

In short, any endorsements in any medium where the endorser has a material connection of any kind to the endorsed advertiser must be disclosed.

The most recent developments include an enforcement action against a company—and two of its officers—in connection with endorsements of the company made by the officers in YouTube videos and in social media.  Before turning to this case, however, we provide a brief overview of how the FTC has gotten here. Continue Reading Brands Beware: FTC Continues Campaign on Social Media Influencer Disclosures

A federal appeals court in Miami held that a judge needn’t necessarily recuse herself from a case being argued by a lawyer with whom the judge is merely Facebook “friends.”

Bills in both houses of Congress propose amending Section 230 of the Communications Decency Act to clarify that it doesn’t insulate website operators from liability for violating civil or criminal child-sex-trafficking laws.

The Commonwealth Court of Pennsylvania held that an unemployment-benefits board acted appropriately when it relied, in part, on an applicant’s Facebook post to determine that the applicant was not entitled to benefits.

A Texas law makes cyberbullying punishable by as much as a year in jail and/or a fine of up to $4,000.

Google is trying to make it more difficult to find and profit from YouTube videos that contain extremist content by placing warnings on those videos and disabling the advertising on them.

A company backed by Mark Cuban is planning to create a social media platform that will anonymize its users’ identities using blockchain technology and attempt to cut down on trolls by charging people with bad reputations on the platform more for premium services.

The online publishing platform Medium is giving some of its content writers the option to put their work behind Medium’s subscription pay wall and get paid based on the number of “claps” that work gets.

Evolutionary psychologists aren’t at all surprised by the popularity of snooping on social media.

Tips for law firm marketers on how to best leverage Instagram.

Advice on how to pen the best automated out-of-office reply.

When you visit someone’s home these days, do you use the doorbell or text instead?

More and more often, the organizers of conferences, trade shows and events are taking advantage of beacon technology to track attendees’ movement throughout their conventions’ sessions and event spaces. Although no U.S. law specifically prohibits such tracking, the FTC has made it clear that companies need prior consent to engage in such tracking.

Find out how you may be able to monitor conference attendees’ movements throughout your event space without running afoul of the FTC Act. Read Convene magazine’s interview with Socially Aware marketing desk editor Julie O’Neill.

 

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.

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).

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.

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.