Socially Aware

September 26, 2016 - Internet of Things, Data Security, Cyberbullying, Marketing, Privacy, Online Reviews, Litigation
Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience
By: Aaron P. Rubin
The California Supreme Court agreed to hear Yelp’s case arguing that requiring the company to remove a one-star review of a law firm “creates a gaping hole” in the immunity that shields internet service providers from suits related to user-generated content. Images, videos and
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September 26, 2016 - Data Security, Hacking
5 Questions to Help Prepare for a Ransomware Attack
By: Nathan D. Taylor
The news has been filled this year with reports of ransomware attacks against companies and government agencies, including even law enforcement. Ransomware refers to a type of malware that encrypts or otherwise restricts access to a machine or device. As part of the attack, the attacker
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September 23, 2016 - Data Security, Privacy, Hacking, Litigation
Cybercrime and Victim Shaming
By: Aaron P. Rubin
Our Morrison & Foerster colleague and Socially Aware contributor Miriam Wugmeister has published a thought provoking and insightful op-ed piece in The Hill on how companies that are the targets of cyberattacks are too often treated as suspects, rather than victims, by regulators. In her op-ed,
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August 12, 2016 - Advertising, Endorsement Guides, Data Security, Cyberbullying, Marketing, Free Speech, Mobile, Compliance, Litigation, Online Endorsements
Social Links: Facebook’s anti-ad-blocking software; LinkedIn’s “scraper” lawsuit; FTC’s upcoming crackdown on social influencers
By: Aaron P. Rubin
Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but Adblock Plus has already foiled the platform’s efforts , at least for now. A look at Twitter’s 10-year failure to stop harassment. Are mobile apps killing
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July 01, 2016 - Data Security, Cyberbullying, Marketing, Employment Law, Litigation
Social Links: Implications of Facebook’s algorithm change; branded emoji; free travel apps
By: Aaron P. Rubin
The Internet is abuzz over the Facebook algorithm change. Here are the implications for marketers and publishers and for regular users. U.S. Customs wants to start collecting the social media accounts for foreign travelers. Court: Woman fired for posting to her Facebook page that
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June 28, 2016 - European Union, Data Security, Privacy, UK
Brexit: Data Protection Implications
As the entire world knows, the United Kingdom has voted by a narrow majority to leave the European Union (“Brexit”). But the Brexit process will take time, and the implications for businesses will also unfold over time. In this blog post, we take a look
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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 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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March 09, 2016 - European Union, Data Security, Privacy, Big Data
Privacy Shield vs. Safe Harbor: A Different Name for an Improved Agreement?
The European Commission (the “Commission”) and the U.S. Department of Commerce issued the draft legal texts for the much anticipated EU-U.S. Privacy Shield (the “Shield”), set to replace the currently inoperative Safe Harbor program (“Safe Harbor”). The new agreement is aimed at restoring the
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March 06, 2016 - Data Security, Privacy, Employment Law
Employer Surveillance of Internet and Email Use in the Workplace in Germany
Is an employer allowed to access an employee’s email account when the employee is on sick leave? To what extent is control permissible when an employee is suspected of illegal activities, e.g., of leaking trade secrets? In Germany, these questions are at the crossroads of
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