Forget Me…or Not: Europe’s High Court Limits Territorial Reach of Right to Be Forgotten, But Not of GDPR
- 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... ›
Effective October 1: Nevada “Do Not Sell” Requirements for Website Operators
By: Julie O'Neill
In just over a week, on October 1, 2019, key amendments to Nevada’s online privacy law will take effect. We previously detailed the amendments. In brief: Consumers have the right to opt out of the sale of their personal information. The law gives Nevada... ›Ninth Circuit’s LinkedIn Decision Does Not Greenlight the Unauthorized Web Scraping of Public Websites
By: J. Alexander Lawrence
A recent decision from the Ninth Circuit Court of Appeals in a dispute between LinkedIn and hiQ Labs has spotlighted the thorny legal issues involved in unauthorized web scraping of data from public websites. While some may interpret the LinkedIn decision as greenlighting such... ›The Company Who Cried “General Audience”: Google and YouTube to Pay $170 Million for Alleged COPPA Violations
By: Julie O'Neill
Last week, the Federal Trade Commission made clear that child-directed parts of an otherwise general audience service will subject the operator of the service to the Children’s Online Privacy Protection Act (COPPA). Just six months after the FTC’s record-setting settlement against TikTok, the FTC announced... ›CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms
By: J. Alexander Lawrence
A recent Second Circuit decision makes clear that the safe harbor that social media and other Internet companies enjoy under Section 230 of the Communications Decency Act broadly applies to a wide variety of claims. When you think about the Section 230 safe harbor,... ›The Meme Generation: Social Media Platforms Address Content Curation
By: Aaron P. Rubin
It is likely no surprise to regular readers of Socially Aware that posting content to social media can, in some cases, generate significant income. But those who make their living on social media may find their livelihood threatened if they fail to comply with... ›Back to School Early: FTC Seeks Comments to COPPA Rule Ahead of Schedule
By: Julie O'Neill
Advancements in technology appear to have spurred the Federal Trade Commission to initiate a review of its rule promulgated pursuant to the Children’s Online Privacy Protection Act (the “COPPA Rule” or “Rule”) four years ahead of schedule. Last week, the FTC published a Federal... ›By Winning Motion to Dismiss, Supermodel Loses Chance to Clarify Whether She Can Lawfully Post Photos of Herself to Social Media
By: Aaron P. Rubin
A federal district court dismissed a case against supermodel Gigi Hadid for posting to Instagram a photo of herself that was taken by a paparazzo. The reason for the court’s decision was simple: The party claiming copyright ownership of the photo failed to get... ›Court Holds that Arbitration Clause in “Hybridwrap” Terms Is Unenforceable
By: Aaron P. Rubin
A federal district court in Illinois recently held in Anand v. Heath that a digital marketing company could not force a user to arbitrate because a “Continue” button on its website did not provide clear notice that clicking the button constituted assent to the... ›D.C. Circuit Holds that Section 230 Locks Out Locksmiths
By: Aaron P. Rubin
As we noted in our recent post on the Second Circuit case Herrick v. Grindr, LLC , Section 230 of the Communications Decency Act (CDA) continues to provide immunity to online intermediaries from liability for user content, despite pressure from courts and legislatures seeking... ›