Welcome to Socially Aware

Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

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
... ›
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
... ›
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
... ›
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
... ›
September 25, 2019 - Data Security, Privacy
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
... ›
September 16, 2019 - Data Security, Web Scraping, Marketing, Privacy, Cybersecurity
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
... ›
September 11, 2019 - FTC, Data Security, Privacy, COPPA, Compliance
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
... ›
September 04, 2019 - User-Generated Content, Section 230 Safe Harbor, Litigation
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,
... ›
August 20, 2019 - Copyright
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
... ›
August 06, 2019 - Data Security, Privacy, COPPA
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
... ›