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.

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
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August 02, 2019 - Copyright, Fair Use, IP, Litigation
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
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July 22, 2019 - Terms of Use, Arbitration, Litigation
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
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July 17, 2019 - Section 230 Safe Harbor, Litigation
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
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July 10, 2019 - Data Security, Privacy
The CNIL Strikes Again – Mind Your Security
By: Alex van der Wolk
The French data protection authority, the CNIL, continues to fine organizations for failing to adopt what the CNIL considers to be fundamental data security measures. In May 2019, the CNIL imposed a EUR 400,000 fine on a French real estate company for failing to
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June 27, 2019 - Cyberbullying, User-Generated Content, Section 230 Safe Harbor
California Court Finds Section 230 Protects Decision to Suspend and Ban Twitter Account
By: Aaron P. Rubin
A California Superior Court’s recent ruling in Murphy v. Twitter held that Section 230 of the Communications Decency Act shielded Twitter from liability for suspending and banning a user’s account for violating the platform’s policies. As we have previously noted, Section 230 has come
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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
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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