Socially Aware

November 26, 2019 - Influencer Marketing, Cyberbullying, Online Reviews, Cybersecurity
Social Links: FTC fights fraudulent online product reviews; Twitter takes another swipe at trolls; Influencers affect everything from cybersecurity to career choices
By: Aaron P. Rubin
The high-end skincare brand Sunday Riley has settled lawsuits filed by the Federal Trade Commission claiming that the brand’s founder encouraged employees of her eponymous company to set up accounts “under different identities” on the cosmetics retail site Sephora.com and leave positive reviews for
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November 20, 2019 - FTC, Influencer Marketing
Influencing the Influencers: FTC Staff Release “Disclosures 101” Guidance for Online Endorsers
By: Julie O'Neill
The Federal Trade Commission is trying yet another approach to convey the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be disclosed. This new guidance from FTC staff takes the form of a brochure
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November 12, 2019 - Defamation, Section 230 Safe Harbor, Litigation
The Joys and Dangers of Tweeting: A CDA Immunity Update
By: J. Alexander Lawrence
A recent decision from a federal court in New York highlights the limits social media users enjoy under Section 230 of the Communications Decency Act (CDA). The case involves Joy Reid, the popular host of MSNBC’s AM Joy who has more than two million
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November 06, 2019 - DMCA, Copyright, IP, Litigation
Will the Music Industry Continue To Win Its Copyright Battle Against ISPs?
By: J. Alexander Lawrence
For the last twenty years, the music industry has been in a pitched battle to combat unauthorized downloading of music. Initially, the industry focused on filing lawsuits to shut down services that offered peer-to-peer or similar platforms, such as Napster , Aimster and Grokster.
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November 04, 2019 - Terms of Use, Online Contracts, Litigation
Just Browsing: District Court Finds Browsewrap Agreement Enforceable
By: Anthony M. Ramirez
Courts continue to grapple with the enforceability of online agreements. While courts generally enforce clickwrap agreements—online agreements where users affirmatively show their acceptance after being presented with the terms, usually by clicking “I agree”—browsewrap agreements have stood on shakier enforceability grounds. Browsewrap agreements are
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October 31, 2019 - Data Security, Privacy
We’re Sorry, Your Service (Provider) Is Limited: The IAB CCPA Compliance Framework
By: Julie O'Neill
In a move likely welcomed by publishers seeking a solution to honoring “sale” opt-outs in the interest-based advertising space, the Interactive Advertising Bureau last week released the IAB California Consumer Privacy Act Compliance Framework for Publishers and Technology Companies. The IAB is the trade
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October 23, 2019 - Data Security, Privacy
Cookies: A Coming-of-Age Story
By: Mercedes Samavi and Alja Poler De Zwart
One of the most recent chapters in the ongoing EU cookies saga has come in the form of a recent ruling by the Court of Justice of the European Union (CJEU) in the Planet49 case. The CJEU ruled that: (i) implied consent is not
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October 09, 2019 - Advertising, Copyright, Litigation
Insta-Mural Infringement: Public Art in Instagram Ad Leads to Copyright Claim
By: Aaron P. Rubin
As regular readers of Socially Aware already know, there are many potential traps for companies that use photographs or other content without authorization from the copyright owners. For example, companies have faced copyright infringement claims based on use of photos pulled from Twitter. Claims
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October 07, 2019 - First Amendment, Artificial Intelligence, FTC, Influencer Marketing, Fraud, Free Speech
A dating platform’s alleged fraud; a decline in the popularity of popularity metrics; TikTok’s unique AI
By: Aaron P. Rubin
Singapore has enacted a law granting government ministers the power to require social media platforms to completely remove or place warnings alongside posts the authorities designate as false. Unlike the compensation earned by child stars who perform on television, in films, or on other
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October 02, 2019 - Data Security, Privacy, Right To Be Forgotten
Forget Me…or Not: Europe’s High Court Limits Territorial Reach of Right to Be Forgotten, But Not of GDPR
By: Alex van der Wolk
In a landmark ruling, the European Court of Justice—Europe’s highest court—dealt Google a clear win by placing a territorial limit on the “right to be forgotten” in the EU. The court’s holding in Google v. Commission nationale de l’informatique et des libertés (CNIL) clarifies
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