Socially Aware

June 25, 2019 - Section 230 Safe Harbor
Legislators Propose Narrowing § 230’s Protections
By: Aaron P. Rubin
As we have frequently noted on Socially Aware , Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “ the law that gave us the modern Internet ,” Section
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June 11, 2019 - Advertising, First Amendment, European Union, Copyright, Free Speech, IP, Litigation
Social Links: Suit over “embedded tweet” with Tom Brady’s photo settles; brand agency manipulates Wikipedia; evidence from Instagram wins French rock star’s kids a share of his estate
By: Julie O'Neill
In March, Socially Aware reported on a lawsuit involving several prominent news outlets’ publication of a photo of NFL quarterback Tom Brady on Twitter. The case had the potential to upend a copyright and Internet-law rule that, in the words of a Forbes columnist
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June 10, 2019 - Data Security
Nevada Enacts CCPA-Style Opt-Out Right for Consumers—but Similarities Are Few
By: Julie O'Neill and Max Phillip Zidel
Nevada just joined California as the second state to enact an opt-out right for consumers from the “sale” of their personal information. Senate Bill 220 , which was signed into law on May 29, 2019, is scheduled to take effect on October 1, 2019,
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May 24, 2019 - European Union
Youth Protection in Germany: Are Online Age Checks & Daytime Blackouts Ahead?
By: Andreas Grünwald and Christoph Nüßing
Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with statutory youth protection requirements. The decision is effective immediately, although it will most likely be challenged in court. If
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May 20, 2019 - Advertising, Trademark, Artificial Intelligence, Data Security, Hacking, Defamation, Fair Use, Litigation, Right of Publicity
Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology
By: Aaron P. Rubin
A federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th Circuit’s nominative fair use analysis
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May 15, 2019 - European Union, Copyright
The EU Copyright Directive Passes – But Member States Remain Split on Upload Filters
By: Christiane Stuetzle and Patricia C. Ernst
The Directive on Copyright in the Digital Single Market (Directive) was finally approved by all EU legislative bodies on April 15, 2019. Introducing “modernizing EU copyright rules for European culture to flourish and circulate” was a key initiative of the European Commission’s Digital Single
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April 30, 2019 - Digital Content, User-Generated Content, Section 230 Safe Harbor, Litigation
Appeals Court Again Upholds Section 230 Protections in Case Against Grindr
By: Aaron P. Rubin
Often hailed as the law that gave us the modern Internet , Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us here at Socially Aware , have noted that Section
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April 16, 2019 - Advertising, First Amendment, European Union, Influencer Marketing, Copyright, Free Speech, Compliance, Litigation
Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law; influencers’ attempts to appear more authentic
By: Anthony M. Ramirez
A new law in Australia makes a social media company’s failure to remove “abhorrent violent material” from its platform punishable by significant fines. The law also states that the executives at social media companies who fail to remove the content could be sentenced to
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April 05, 2019 - Disappearing Content, Ephemeral Messaging
How to Comply with the Revised Ephemeral-Messaging Provision in the DOJ’s Corporate Enforcement Policy
By: Charles E. Duross, James M. Koukios and Lauren A. Navarro
In early March 2019, the Department of Justice (DOJ) revised its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy). First announced in November 2017, the Policy is designed to encourage companies to self-report FCPA violations and to cooperate with the DOJ’s FCPA
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March 21, 2019 - Advertising, Class Actions, Copyright, Right of Publicity
What’s in a (User)Name?
By: Aaron P. Rubin
As consumers increasingly communicate and interact through social media platforms, courts have had to grapple with how to apply existing laws to new ways of communicating, as well as disseminating and using content. Sometimes, however, traditional legal standards apply to these new platforms in
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