Turkey’s new social media law; social media ad spend; Harvard Law School’s social media policy
- In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally accountable to Turkish authorities. Among... ›
Are Facebook Posts Discoverable? Application of the Forman Test in N.Y.
By: J. Alexander Lawrence and Lily SmithNew York courts are increasingly ordering the production of social media posts in discovery, including personal messages and pictures, if they shed light on pending litigation. Nonetheless, courts remain cognizant of privacy concerns, requiring parties seeking social media discovery to avoid broad requests akin... ›
Foreign Companies Can Use 28 U.S.C. § 1782 to Unmask Anonymous Internet Posters
By: J. Alexander LawrenceA random Twitter account tags a Japanese company and badmouths it in a series of tweets. Because the tweets are tagged, a search of the company’s name on Twitter will display the tweets with the negative comments among the search results. Upset over the... ›
Social Links: Settlement declares fake “likes” illegal; Pinterest’s impending IPO; a bill to criminalize “social media extortion”
By: Aaron P. RubinIn what is being described as “ the first settlement to deem such sales illegally deceptive ,” 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.... ›
Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the Losing Anonymous Defendant
By: J. Alexander LawrenceFollowing a recent decision from the Sixth Circuit, anonymous bloggers and other Internet users who post third-party copyrighted material without authorization have cause for concern. They may be unable to preserve their anonymity. In Signature Management Team, LLC v. John Doe , the majority... ›
Social Links: A seminal opinion on web scraping; Obama breaks Twitter record; court holds state’s subpoena law applies to digital communications
By: Aaron P. RubinIn an opinion granting a preliminary injunction preventing LinkedIn from blocking a startup’s use of information in LinkedIn profiles accessible to the entire public, the U.S. District Court for the Northern District of California expressed doubts that a federal anti-hacking law—the Computer Fraud &... ›
Now Available: The March Issue of Our Socially Aware Newsletter
By: Aaron P. RubinThe latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware , our Burton Award -winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we... ›
Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?
By: J. Alexander LawrenceWhile discovery of social media information has been commonplace for some time , courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social media discovery, at least one judge has identified—and railed... ›
Now Available: The October Issue of Our Socially Aware Newsletter
By: Aaron P. RubinThe latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware , our Burton Award -winning guide to the law and business of social media, we highlight five key social media law issues to address with your... ›
Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?
By: J. Alexander LawrenceJudge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social media, judges have had... ›