Youth Protection in Germany: Are Online Age Checks & Daytime Blackouts Ahead?
- 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... ›
- - 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. RubinA 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... ›
The EU Copyright Directive Passes – But Member States Remain Split on Upload Filters
By: Christiane Stuetzle and Patricia C. ErnstThe 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... ›
Appeals Court Again Upholds Section 230 Protections in Case Against Grindr
By: Aaron P. RubinOften 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... ›
- - 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. RamirezA 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... ›
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. NavarroIn 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... ›
What’s in a (User)Name?
By: Aaron P. RubinAs 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... ›
YouTube disallows ads on anti-vax content; privacy bills aim to extend children’s protections from Internet harm, secure users’ control over data
By: Julie O'NeillNew York is now one of the 43 states where “revenge porn,” the posting of explicit photographs or videos to the Internet without the subject’s consent, is punishable by law. See how far the states have come – find out how many had criminalized... ›
The Cookie Wall Must Go Up. Or Not?
Thank You, Next Enforcement: Music Video App Violates COPPA, Will Pay $5.7 Million
By: Julie O'NeillThe cost for violating the Children’s Online Privacy Protection Act (COPPA) has been steadily rising, and companies subject to the law should take heed. Last week, the Federal Trade Commission (FTC) announced a record-setting $5.7 million settlement with the mobile app company Musical.ly for... ›