Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

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Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

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Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

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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.

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Social Links: Statehouse v. Smartphone

Federal Court Enjoins California Teen Privacy Law . . . Again

All Your Sale Are Belong to Us - Mitigating IP and Payments Risk in In-Game Economies (Part II – User-Generated Content and In-Game Payment Models)

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<a href="http://gothamist.com/2019/02/28/revenge_porn_ny_law.php" target="_blank" rel="noopener">New York is now one</a> of the <a href="https://www.cybercivilrights.org/revenge-porn-laws/" target="_blank" rel="noopener">43 states where “revenge porn,”</a> the posting of explicit photographs or videos to the Internet without the subject’s consent, is punishable by law. See how far the states have come – find out how many had criminalized revenge porn as of 2014, <a href="https://www.sociallyawareblog.com/2014/01/29/keeping-privates-private-the-legal-landscape-of-revenge-porn/" target="_blank" rel="noopener">when Socially Aware first covered the issue</a>.YouTube announced that it will not allow channels that promote anti-vaccination videos to run advertisements because such videos violate the platform’s policy, which, among other things, disallows the monetization of “dangerous content.” Many of the companies whose ads appeared alongside anti-vaccination content say they were not aware it was happening. <a href="https://www.buzzfeednews.com/article/carolineodonovan/youtube-just-demonetized-anti-vax-channels" target="_blank" rel="noopener">Find out how that could be possible</a>.Senator John Kennedy (R-LA) has introduced<a href="https://www.kennedy.senate.gov/public/_cache/files/9/f/9ff92982-1a58-4cf5-9bda-8530e5078224/2D6F1D231B87F5B281A01893CEAA75DF.sil19328-own-your-own-data-.pdf" target="_blank" rel="noopener"> a bill that would give Internet users considerably more control over their personal data</a> by mandating that social media companies inform registrants—in simple, easy-to-understand terms—that they are entering into an agreement licensing their personal data to the company. Coined the Own Your Own Data Act, the legislation would also require social media platforms to make it easy for their registrants to cancel the licensing agreement and obtain the collected data and any analysis of it.Another privacy bill, this one proposed by Senators Ed Markey (D-MA) and Josh Hawley (R-MO), would amend the <a href="https://www.sociallyawareblog.com/2019/03/08/thank-you-next-enforcement-music-video-app-violates-coppa-will-pay-5-7-million/" target="_blank" rel="noopener">Children’s Online Privacy Protection Act</a> (COPPA) to completely prohibit the running of targeted advertisements on websites targeted to children. Find out <a href="https://www.engadget.com/2019/03/12/senate-markey-hawley-children-privacy-bill/" target="_blank" rel="noopener">how else the bill would amend COPPA, and how long companies would have to comply</a> with the amendment if it became law.The debate over <a href="https://www.postandcourier.com/opinion/courts-right-to-side-with-free-speech/article_4d227fa0-45d6-11e9-9b21-cf4244cb43d3.html" target="_blank" rel="noopener">whether politicians have a right to block people on social media</a> rages on.The United States isn’t the only country whose <a href="https://www.economist.com/the-americas/2019/03/16/jair-bolsonaro-brazils-president-is-a-master-of-social-media" target="_blank" rel="noopener">president favors social media</a> as a vehicle for sharing his views.A <a href="https://abovethelaw.com/2019/03/twitterlaw/" target="_blank" rel="noopener">#TwitterLaw symposium</a> is being held at the University of Idaho College of Law next month. Road trip, anyone?Even the <a href="https://www.harpersbazaar.com/celebrity/latest/a26621439/royal-family-social-media-guidelines/" target="_blank" rel="noopener">British Royal Family has to contend with social media trolls</a>.

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Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance c

Julie O'Neill

Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance challenges around a wide variety of both online and offline privacy issues, including tracking, interest-based advertising, geo-targeting and other mobile tracking, personalization, and cross-device tracking. Recognized in The Legal 500 US 2014, 2016, 2019, and 2020 and Chambers USA 2021 for her exceptional legal work, her clients praise her saying, “She is really good at giving practical, targeted advice and taking stock of what the risk profile of the client is, so that the advice is holistic.” (Chambers USA 2021).

YouTube disallows ads on anti-vax content; privacy bills aim to extend children’s protections from Internet harm, secure users’ control over data

New York is now one of the 43 states where “revenge porn,” the posting of explicit photographs or videos to the Internet without the subject’s consent, is punis

YouTube disallows ads on anti-vax content; privacy bills aim to extend children’s protections from Internet harm, secure users’ control over data

In what is being described as “<a href="https://www.reuters.com/article/us-new-york-socialmedia-settlement/new-york-settles-with-sellers-of-fake-online-followers-likes-idUSKCN1PP01O" target="_blank" rel="noopener">the first settlement to deem such sales illegally deceptive</a>,” New York Attorney General Letitia James has entered into a settlement with a company that had been selling fake followers, likes and views on several social media platforms. <a href="https://www.reuters.com/article/us-new-york-socialmedia-settlement/new-york-settles-with-sellers-of-fake-online-followers-likes-idUSKCN1PP01O" target="_blank" rel="noopener">Read how much revenue the sales were generating</a> for the defendant companies.Twitter is requiring parties interested in posting ads related to the European Parliament elections to verify their identities and confirm that they are based in the EU.The online pinboard Pinterest has confidentially filed for an initial public offering, the Wall Street Journal reports. <a href="http://fortune.com/2019/02/21/pinterest-filed-confidentially-ipo-june-report/" target="_blank" rel="noopener">Find out the valuation the social media company is reportedly seeking</a>, and how the company monetizes its platform.A state appeals court in New York widened the scope of the discovery allowable in a personal injury case to include <a href="https://www.law.com/newyorklawjournal/2019/01/24/personal-injury-plaintiffs-devices-social-media-accounts-should-be-made-available-to-defense-court-rules/?slreturn=20190122103558l" target="_blank" rel="noopener">these types of posts</a> on social media platforms.Washington state senators have proposed a bill that would make “social media extortion”—defined as attempting to acquire property from someone in return for removing negative social media communications—a class C felony, which is punishable by a prison sentence of at least five years or a maximum fine up to $10,000. <a href="http://www.whidbeynewstimes.com/news/social-media-extortion-could-be-a-new-crime-in-washington-state/" target="_blank" rel="noopener">Read about the restaurant owner’s experience</a> that inspired the bill.The app maker Niantic Inc. may have reached a settlement with homeowners who brought a nationwide class action suit based on trespass and nuisance allegedly caused by the Pokémon Go craze that Socially Aware <a href="https://www.sociallyawareblog.com/2016/07/21/pokemon/" target="_blank" rel="noopener">reported on in the summer of 2016</a>. Find out <a href="https://www.theverge.com/2019/2/15/18226604/niantic-pokemon-go-lawsuit-changes-settlement-private-property-pokestop-gymT" target="_blank" rel="noopener">what the settlement would require of Niantic to do</a>—and possibly pay.California has made it <a href="https://www.forbes.com/sites/lizazimmerman/2019/02/19/rules-for-legal-wine-focused-social-media-posts-are-changing/#b71c2e86c4ebl-wine-focused-social-media-posts-are-changing/" target="_blank" rel="noopener">easier for wineries to promote events</a> over social media without running afoul of state law.The up-and-coming generation of “unicorn” start-ups—new companies on track to quickly reach $1 billion in value—is looking very different from the first generation, which included now-household names like Uber and Airbnb. Find out how in <a href="https://www.nytimes.com/2019/02/10/technology/new-wave-unicorn-start-ups.html" target="_blank" rel="noopener">this New York Times article</a>.A <a href="https://www.reuters.com/article/us-valentines-day-cows/tinder-for-cows-matches-livestockin-the-mood-for-love-idUSKCN1Q226F" target="_blank" rel="noopener">new app called “Tudder”</a> is basically just like the dating app Tinder, but for cows. We’re serious.

Social Links: Settlement declares fake “likes” illegal; Pinterest’s impending IPO; a bill to criminalize “social media extortion”