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.

Aaron P. Rubin

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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As we <a href="https://www.sociallyawareblog.com/topics/social-links-section-230-under-scrutiny-again-from-lawmakers" target="_blank">reported</a> in 2023, Utah was the first state in the nation to enact laws limiting minors’ use of social media. In early March 2024, Republican Governor Spencer Cox effectively repealed and replaced the previously enacted legislation in an effort to fend off court challenges from a number of social media companies and industry groups. The new laws require social media companies to verify the ages of their users and disable certain features on minors’ accounts, but do not include the parental consent requirements from the earlier legislation.  Utah also recently enacted <a href="https://le.utah.gov/~2024/bills/static/SB0149.html" target="_blank">legislation</a> that imposes liability on companies for use of AI that violates consumer protection laws if those companies don’t properly disclose the use of AI. The new law also establishes the state’s Office of Artificial Intelligence Policy, and the Artificial Intelligence Learning Laboratory Program, both of which are designed to analyze and research AI technology.Florida governor Ron DeSantis signed Bill HB3, prohibiting any child under 14 from opening social media accounts, and requiring that children between 14 and 16 obtain parental consent to open accounts. Supporters such as Florida Republican Speaker Paul Renner <a href="https://apnews.com/article/florida-social-media-ban-desantis-fd07f61e167bd9109a83cd7355b5f164" target="_blank">praised the bill</a>, citing the harmful effects of social media on minors, while detractors such as NetChoice’s vice president and general counsel Carl Szabo <a href="https://www.npr.org/2024/03/31/1241888294/privacy-concerns-rise-about-florida-law-requiring-proof-of-age-to-join-social-me" target="_blank">raised concerns</a> over the bill’s impact on data collection, privacy, and security for all citizens, not just minors.<a href="https://news.bloomberglaw.com/tech-and-telecom-law/california-bill-would-ask-social-media-firms-to-verify-accounts" target="_blank">California also is examining account verification</a> in an effort to curb the spread of misinformation to California voters<a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1228" target="_blank">. S.B. 1228</a> would require social media platforms to verify users with large followings to help the public determine and distinguish between content that is created by an actual person and fake content that is created using AI or other means.In New York, a recent measure that would restrict how social media companies use algorithms to serve content targeted to children is meeting with <a href="https://news.bgov.com/states-of-play/ny-social-media-crackdown-faces-albany-delay-after-tech-lobbying" target="_blank">significant resistance</a> from social media platforms and tech industry groups, as well as from civil rights organizations concerned about privacy and groups that work with youth in marginalized populations. Some key New York lawmakers are raising doubts that the measure will be included in the final state budget.At the federal level, President Biden and the Office of Management and Budget just issued a government-wide policy that will require “federal agencies to test artificial intelligence tools for potential risks and designate officers to ensure oversight, actions intended to encourage responsible adoption of the emerging technology by the US government,” <a href="https://url.us.m.mimecastprotect.com/s/hCLgCPN5gGSKz9Y03FzIjl4?domain=news.bloomberglaw.com" target="_blank">according to Bloomberg Law</a>. This policy has the potential to impose sweeping safeguards across a number of federal agencies, including those responsible for transportation and healthcare.In an update on a case that <a href="https://www.sociallyawareblog.com/topics/owned-second-circuit-holds-that-traditional-principles-of-property-law-apply-to-social-media-accounts" target="_blank">we reported on previously</a>, the U.S. District Court for the Southern District of New York <a href="https://news.bloomberglaw.com/litigation/hayley-paige-denied-redo-over-access-to-instagram-account" target="_blank">rejected</a> fashion designer Hayley Paige Gutman’s bid to reclaim sole access to her Pinterest and Instagram accounts (@misshayleypaige) from her former employer, JLM Couture. The court denied Gutman’s request for reconsideration pending resolution of the underlying ownership questions following remand from the Second Circuit.And finally, if you follow tech news at all, you will be aware that noted technology journalist, podcaster, and author <a href="https://en.wikipedia.org/wiki/Kara_Swisher" target="_blank">Kara Swisher</a> has a <a href="https://www.npr.org/2024/02/26/1233845063/kara-swisher-burn-book-memoir-tech-industry-dissapointements" target="_blank">new book</a> out. Kara certainly doesn’t need any promotional help from our little blog, but we were interested to hear her comments about one of our favorite topics, <a href="https://www.sociallyawareblog.com/topics/safe-harbor" target="_blank">Section 230</a>, during her appearances on <a href="https://www.youtube.com/watch?feature=shared&v=yfx7PM1VlCg" target="_blank">Real Time with Bill Maher</a> and <a href="https://youtu.be/wFTuaEx86ak?feature=shared" target="_blank">The View</a>. Swisher, who has researched, covered, and commented on technology for decades, frequently criticizes the lack of regulation around the tech industry.On The View, Swisher noted the absence of guardrails for tech companies and said that Section 230 “gives them complete immunity from liability.” On Real Time, she stated “Do you know how many regulations there are specifically addressing tech companies? Zero…. And the one that does – Section 230 – which is widely debated…it gives them broad immunity.” We here at Socially Aware don’t necessarily agree with Kara’s sweeping characterization of the Section 230 immunity (as we <a href="https://www.sociallyawareblog.com/topics/part-3-section-230-27-years-old-and-still-in-the-spotlight" target="_blank">have reported</a>, the safe harbor is subject to many limitations), but we remain big fans of her work.

Social Links: April 2024 

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 Rubin

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.











Anthony Ramirez

Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.

Social Links: April 2024

As we reported in 2023, Utah was the first state in the nation to enact laws limiting minors’ use of social media.

Social Links: April 2024

Conversations around AI continue to dominate the headlines in early 2024 and show no signs of abating anytime soon. Here are few of the stories and trends we’ve been tracking at Socially Aware.A deepfake technology scam cost a multinational company’s Hong Kong office upwards of $25M earlier this month. The scam involved an employee who was duped during a video call that involved AI-created likenesses of various company employees, including the CFO, who instructed the employee to transfer funds to five different Hong Kong bank accounts. This event has reinforced persistent concerns in the technology community and beyond about AI’s use and its role in tricking people into believing AI-generated images, likenesses, and audio recreations are real.Media giant Fox is contemplating using its blockchain protocol known as Verify, an open-source protocol that emerged out of Fox’s Blockchain Creative Labs, to help companies “track how their content is being used online,” according to an Axios report. Blockworks added that “Verify uses digital signatures to allow publishers to put media on-chain, making it easier for everyone to trace the original source of the content.” Fox’s hope is that this technology will help consumers and other content producers trace the origins of any piece of content that is included in the protocol.Meanwhile, the U.S. Patent and Trademark Office recently issued new guidelines on AI tools and their potential misuse by practitioners in its administrative tribunals. In a recent memorandum from the PTO, Director Kathi Vidal cited potential issues around AI-generated submissions to the PTO, stating that “[a] submission (including an AI-generated or AI-assisted submission) that misstates facts or law could also be construed as a paper presented for an improper purpose because it could ‘cause unnecessary delay or needless increase in the cost of any proceeding before the Office.’”Finally, the Chief AI Officer, 0r CAIO, is trending as one of the hottest new job titles across industries and sectors, and, particularly, the federal government. With that, there are two schools of thought on where an organization’s AI responsibilities should reside. Some believe it should be concentrated in a singular executive C-suite role, while Axios reports that some organizations are looking to distribute AI strategies across several executives and functional areas rather than concentrate those responsibilities within one department or role. Leading AI expert Ryan Heath believes that “AI strategy should be everyone’s job” within an organization. With the rapidly expanding role that AI continues to play in commerce and society, we will be keeping a close watch on how companies and individuals grapple with this emerging dominant technology.

Social Links: March 2024