Stretching the Bounds of Personal Jurisdiction, 4th Circuit Finds Geotargeted Advertising May Subject Foreign Website Owner to Personal Jurisdiction in the U.S.
- Foreign websites that use geotargeted advertising may be subject to personal jurisdiction in the United States, even if they have no physical presence in the United States and do not specifically target their services to the United States, according to a new ruling from... ›
Debate over §230 of the CDA rages on; Twitter defeats defamation suit; Booking.com held valid trademark
By: Anthony M. Ramirez
In a purported attempt to safeguard free speech, President Trump has issued an order “Preventing Online Censorship,” that would eliminate the protections afforded by one of our favorite topics here at Socially Aware , Section 230 of the Communications Decency Act, which generally protects... ›A Strong Social Media Policy Can Protect Your Brand and Avoid Embarrassing Posts
Eric Akira Tate spoke to TechRepublic about how businesses should think about establishing or updating corporate social media policies to account for the changing standards, especially as the U.S. is in the midst of a civil rights movement. “Reviewing social media policies so that... ›Sweating the Details: Court Analyzes User Interface to Uphold Online Arbitration Clause
By: Aaron P. Rubin
Online service providers typically seek to mitigate risk by including arbitration clauses in their user agreements. In order for such agreements to be effective, however, they must be implemented properly. Babcock vs. Neutron Holdings, Inc. , a recent Southern District of Florida case involving... ›Tell A Friend – But Only With Your Friend’s Consent
By: Alex van der Wolk and Marijn Storm
Alex van der Wolk, Marijn Storm, and Ronan Tigner authored an article for the IAPP covering the Belgian Data Protection Authority’s challenge to the “tell-a-friend” function on social media websites that enables users to share content with their personal contacts. The DPA’s decision to... ›It’s 10 p.m. Do You Know What Your Third-Party Integrations Are Doing?
By: Julie O'Neill
In the wake of the COVID-19 pandemic, children are spending more of their lives in the digital realm, both for education and entertainment purposes—but that doesn’t mean the Federal Trade Commission (FTC) is cutting online operators slack for not complying with the Children’s Online... ›Digital Compliance in Europe: Regulatory Alignment Post-Brexit
By: Alistair Maughan and Mercedes Samavi
Despite the coronavirus pandemic, the process of implementing Brexit continues. One of the key Brexit issues for the tech sector is the extent to which the UK will either align or diverge its digital regulations with the EU. Both the UK and EU have... ›Webscraping a Publicly Available Database May Constitute Trade Secret Misappropriation
By: J. Alexander Lawrence and Lily Smith
Is scraping data from a publicly available website trade secret misappropriation? Based on a new opinion from the Eleventh Circuit, It might be. In Compulife Software, Inc. v. Newman , Compulife Software , a life insurance quote database service alleged that one of its... ›Court Discovers Rare and Elusive “Enforceable Browsewrap”
By: Aaron P. Rubin
As we have noted many times in prior articles , courts often refuse to enforce “browsewrap” agreements where terms are presented to users merely by including a link on a page or screen without requiring affirmative acceptance. Courts typically look more favorably on “clickwrap”... ›Social Links: A report suggesting DMCA changes; a new social-media-use regulation for Fla. Bar members; big changes at Facebook
By: Julie O'Neill
A new report from the U.S. Copyright Office suggests that Congress should fine-tune the Digital Millennium Copyright Act (DMCA) to, among other things, alter the takedown system that platforms must adhere to in order to be eligible for the safe harbor the DMCA affords... ›