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.

April 27, 2016 - Terms of Use
Website Terms of Use: Check That Box!
By: Aaron P. Rubin
Many of my clients ask how they can best ensure that their websites’ terms of use are enforceable. Is it really necessary to require the website’s users to check a box or click a button manifesting affirmative assent? In this portion of my video
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April 25, 2016 - Terms of Use
Website Terms of Use: Are They Really Necessary?
By: Aaron P. Rubin
As a social media lawyer, I work closely with website operators and other clients to help reduce the risk of liability that can arise from doing business online. One of the key ways to minimize online legal risks is to use a carefully drafted online
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April 25, 2016 - Litigation
New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe
By: J. Alexander Lawrence
Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an adversary’s private social media account? The New Jersey Supreme Court just considered this
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April 22, 2016 - European Union, FTC, Protected Speech, Privacy, Employment Law, Ethics, Litigation, Online Endorsements
Social Links—Facebook-spying litigators; employees’ social media posts; Europe’s Right To Be Forgotten
By: Aaron P. Rubin
Defense lawyers who checked out the Facebook page of a plaintiff suing their client can be prosecuted for attorney misconduct, New Jersey judge rules. Norwegian band changes its name to avoid “ social media censorship .” Can public agencies control their employees’ social media
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April 19, 2016 - Litigation
Mixed Messages: Courts Grapple With Emoticons and Emoji
Emoti cons and emoji are ubiquitous in online and mobile communications; according to one study , 74 percent of Americans use emoticons, emoji and similar images on a regular basis. Given their popularity, it comes as no surprise that courts are increasingly being called
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April 15, 2016 - First Amendment, Marketing, Big Data, Litigation
Social Links: A social media marketing fail; Facebook and prisoners, jurors, older people
By: Aaron P. Rubin
We’re trying something new here at Socially Aware : In addition to our usual social-media and tech-law analyses and updates, we’re going to end each work week with a list of links to interesting social media stories around the Web, primarily things that caught
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April 14, 2016 - Internet of Things, IP
The Internet of Things: Interoperability, Industry Standards & Related IP Licensing Approaches (Part 2)
In an article published here in January we addressed some of the more significant Internet of Things (IoT) -specific standards and initiatives and emphasized the importance of interoperability as central to the growth and success of the products and services that leverage the IoT. In
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March 30, 2016 - Digital Content, E-Commerce, Data Security, Privacy
Digital Single Market Strategy Update: Europe Proposes Further Harmonisation of Consumer Protection Laws
By: Kristina Ehle
The European Commission has published two draft directives on the supply of digital content and the online sale of goods that aim to help harmonise consumer law across Europe. In proposing these new laws, the European Union is making progress towards one of the
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March 22, 2016 - Digital Content, DMCA, Terms of Use, Marketing, Section 230 Safe Harbor, IP, Litigation
How to Protect Your Company’s Social Media Currency
By: Aaron P. Rubin
Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it , is becoming increasingly important and companies are investing heavily in building their social media fan bases. In some cases,
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March 17, 2016 - Data Security, Privacy, Product Liability
HIPAA and Health Care Apps: Is Your App Covered?
By: Erin M. Bosman and Julie Y. Park
Health care apps are one of the most important and growing segments in the ecosystem known as the Internet of Things (IoT). After the recent amendments to the Health Insurance Portability and Accountability Act (HIPAA) that—among other things—broadened the definition of a “Business Associate,”
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