Socially Aware

October 28, 2020 - Defamation, Litigation
S.D.N.Y. Dismisses Defamation Case Arising Out of “Battle by Tweet”
By: Aaron P. Rubin
In Ganske v. Mensch , a defamation suit stemming from a “battle by Tweet,” a federal district court in New York held that the allegedly defamatory statements in the defendant’s Tweet were nonactionable statements of opinion and dismissed the case. The case illustrates that
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August 24, 2020 - topics/undefined, Defamation, Section 230 Safe Harbor, Litigation
EDNY Refuses to Dismiss on § 230 Grounds in “Shitty Media Men” Defamation Case
By: Aaron P. Rubin
In Elliott v. Donegan , a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the possibility that Defendant created or developed
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August 04, 2020 - Privacy, Defamation, Section 230 Safe Harbor
FTC questions protections afforded tech platforms; LinkedIn was platform of choice for sellers of COVID-19 PPE; Appeals court passes on “retweet” propriety question
By: Julie O'Neill
Expressing concern about the spread of disinformation related to COVID-19, Federal Trade Commissioner Rohit Chopra said Congress may need “to reassess the special privileges afforded to tech platforms, especially given their vast power to curate and present content in ways that may manipulate users.”
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July 07, 2020 - Trademark, Cyberbullying, Marketing, Defamation, Section 230 Safe Harbor, Free Speech, Litigation
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
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January 13, 2020 - Advertising, Influencer Marketing, Defamation, Section 230 Safe Harbor, COPPA
Social Links: YouTube bans some targeted ads; big changes afoot on Twitter; Facebook plans to remove ‘deep fakes’
By: Aaron P. Rubin
In a move that might be part of a settlement that YouTube has entered into with the Federal Trade Commission , the video-sharing site said it will ban “targeted” advertisements on videos likely to be watched by children. Because targeted ads rely on information
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November 12, 2019 - Defamation, Section 230 Safe Harbor, Litigation
The Joys and Dangers of Tweeting: A CDA Immunity Update
By: J. Alexander Lawrence
A recent decision from a federal court in New York highlights the limits social media users enjoy under Section 230 of the Communications Decency Act (CDA). The case involves Joy Reid, the popular host of MSNBC’s AM Joy who has more than two million
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May 20, 2019 - Advertising, Trademark, Artificial Intelligence, Data Security, Hacking, Defamation, Fair Use, Litigation, Right of Publicity
Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology
By: Aaron P. Rubin
A federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th Circuit’s nominative fair use analysis
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August 01, 2018 - Cyberbullying, Disappearing Content, Copyright, Defamation, Litigation
Social Links: Axed exec sues people behind anonymous Instagram account; bill protects elderly from social media exploitation; using social media to impeach witnesses in criminal trials
By: Aaron P. Rubin
An advertising executive who lost his job after being named on an anonymous Instagram account is suing the now-defunct account for defamation. The suit names as defendants not only the account—Diet Madison Avenue, which was intended to root out harassment and discrimination at ad
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April 16, 2018 - First Amendment, Marketing, Copyright, Defamation, Free Speech, Litigation
Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from government officials’ social media accounts?
By: Aaron P. Rubin
Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent. The judgment is believed to be one of the largest awards
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March 12, 2018 - First Amendment, Protected Speech, Privacy, Online Contracts, Copyright, Defamation, Compliance, IP, Litigation
Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use
By: Aaron P. Rubin
In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin Goldman had taken a photo of NFL quarterback Tom Brady,
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Topic Archives: Defamation

S.D.N.Y. Dismisses Defamation Case Arising Out of “Battle by Tweet”

By: Aaron P. Rubin

EDNY Refuses to Dismiss on § 230 Grounds in “Shitty Media Men” Defamation Case

By: Aaron P. Rubin

FTC questions protections afforded tech platforms; LinkedIn was platform of choice for sellers of COVID-19 PPE; Appeals court passes on “retweet” propriety question

By: Julie O'Neill

Debate over §230 of the CDA rages on; Twitter defeats defamation suit; Booking.com held valid trademark

By: Anthony M. Ramirez

Social Links: YouTube bans some targeted ads; big changes afoot on Twitter; Facebook plans to remove ‘deep fakes’

By: Aaron P. Rubin

The Joys and Dangers of Tweeting: A CDA Immunity Update

By: J. Alexander Lawrence

Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology

By: Aaron P. Rubin

Social Links: Axed exec sues people behind anonymous Instagram account; bill protects elderly from social media exploitation; using social media to impeach witnesses in criminal trials

By: Aaron P. Rubin

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from government officials’ social media accounts?

By: Aaron P. Rubin

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use

By: Aaron P. Rubin