Social Links: Bills that would take a bite out of §230; court opinion on social media & ethics; using evidence on social media to determine unemployment benefits eligibility
- A federal appeals court in Miami held that a judge needn’t necessarily recuse herself from a case being argued by a lawyer with whom the judge is merely Facebook “friends.” Bills in both houses of Congress propose amending Section 230 of the Communications Decency... ›
More Insight From the FTC on Data Security—or More of the Same?
By: Julie O'Neill
Recent challenges to the Federal Trade Commission’s (FTC) authority to police data security practices have criticized the agency’s failure to provide adequate guidance to companies. In other words, the criticism goes, businesses do not know what they need to do to avoid a charge... ›Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring User-Generated Images
We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of the serious risks that can arise from seeking to commercially... ›In-Depth Report: Privacy + Data Security
By: Aaron P. Rubin
As Socially Aware readers know, privacy and data security issues are among the most critical legal issues confronting companies that do business online. With ransomware attacks and hacking incidents on the rise, and with privacy and data security laws becoming increasingly burdensome, companies are... ›Social Links: A seminal opinion on web scraping; Obama breaks Twitter record; court holds state’s subpoena law applies to digital communications
By: Aaron P. Rubin
In an opinion granting a preliminary injunction preventing LinkedIn from blocking a startup’s use of information in LinkedIn profiles accessible to the entire public, the U.S. District Court for the Northern District of California expressed doubts that a federal anti-hacking law—the Computer Fraud &... ›Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?
With over one billion websites on the Internet, and 211 million items of online content created every minute , it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are overwhelmed with online content,... ›Hot Off the Press: Our New Guide to Social Media and the Securities Laws
Nearly all companies—whether they’re focused on the B2C market or the B2B market—have embraced social media as a way to promote their goods and services and to interact with customers and potential customers. The growing use of social media has, however, created challenges for... ›Social Links: SCOTUS embraces technology; IoT companies proliferate; blockchain might make senior execs extinct
By: Aaron P. Rubin
A federal district court in Wisconsin struck down the first law in the country requiring augmented-reality-game makers to go through a complicated permit-application process before their apps could be used in county parks. The U.S. Supreme Court on Nov. 13 will implement an electronic... ›Get Your Gripe On: The Consumer Review Fairness Act Is Live
By: Aaron P. Rubin
Searching “millennials killed…” on the Internet returns over 1.5 million results in .65 seconds. Commentators have blamed the generation raised by tablets, smartphones, and apps for killing everything from marriage to brunch , often deriding today’s youth for being too opinionated and too obnoxious.... ›Digital Age Expands Communication but Creates Discovery, Litigation Pitfalls
By: Carrie H. Cohen
E-mails. Text messages. Instant messages. Social media. The digital age has given birth to powerful new ways to communicate that have transformed how we live and conduct business. But the proliferation of communication options has come with increased exposure to claims in litigation of... ›