Socially Aware

October 07, 2019 - First Amendment, Artificial Intelligence, FTC, Influencer Marketing, Fraud, Free Speech
A dating platform’s alleged fraud; a decline in the popularity of popularity metrics; TikTok’s unique AI
By: Aaron P. Rubin
Singapore has enacted a law granting government ministers the power to require social media platforms to completely remove or place warnings alongside posts the authorities designate as false. Unlike the compensation earned by child stars who perform on television, in films, or on other
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June 11, 2019 - Advertising, First Amendment, European Union, Copyright, Free Speech, IP, Litigation
Social Links: Suit over “embedded tweet” with Tom Brady’s photo settles; brand agency manipulates Wikipedia; evidence from Instagram wins French rock star’s kids a share of his estate
By: Julie O'Neill
In March, Socially Aware reported on a lawsuit involving several prominent news outlets’ publication of a photo of NFL quarterback Tom Brady on Twitter. The case had the potential to upend a copyright and Internet-law rule that, in the words of a Forbes columnist
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April 16, 2019 - Advertising, First Amendment, European Union, Influencer Marketing, Copyright, Free Speech, Compliance, Litigation
Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law; influencers’ attempts to appear more authentic
By: Anthony M. Ramirez
A new law in Australia makes a social media company’s failure to remove “abhorrent violent material” from its platform punishable by significant fines. The law also states that the executives at social media companies who fail to remove the content could be sentenced to
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June 01, 2018 - Advertising, Blockchain, First Amendment, Artificial Intelligence, European Union, GDPR
Social Links: Laws affecting politicians using Twitter & tourists taking photos; the GDPR takes effect; lost Bitcoins
By: Aaron P. Rubin
Finding that President Trump’s Twitter feed constitutes a public forum, a federal judge in New York City held that it’s a First Amendment violation when the President or one of his assistants blocks a Twitter user from viewing or responding to one of the
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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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December 20, 2017 - First Amendment, Artificial Intelligence, Cyberbullying, Disappearing Content, UK, Section 230 Safe Harbor, Free Speech
Social Links: Twitter’s tougher anti-hate-speech policy; tech-industry-friendlier version of bill to narrow the §230 safe harbor; 2017’s top posts
By: Aaron P. Rubin
In an effort to deter hate groups from tweeting sanitized versions of their messages, Twitter has began considering account holders’ off platform behavior when the platform evaluates whether potentially harmful tweets should be removed and account holders should be suspended or permanently banned. In
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August 21, 2017 - First Amendment, Hacking, Discovery, Free Speech
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. Rubin
In 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 &
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August 04, 2017 - First Amendment, European Union, Influencer Marketing, Antitrust, Defamation, Free Speech, Litigation
Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a potentially dangerous Snapchat update
By: Aaron P. Rubin
A defamation suit brought by one reality television star against another—and naming Discovery Communications as a defendant—could determine to what extent (if any) media companies may be held responsible for what their talent posts on social media. In a move characterized as setting legal
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June 23, 2017 - First Amendment, UK, Copyright, Free Speech
Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may require ID of status updates posted by “bots”
By: Aaron P. Rubin
The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment. The U.S. Supreme Court denied certiorari in what
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Topic Archives: First Amendment

A dating platform’s alleged fraud; a decline in the popularity of popularity metrics; TikTok’s unique AI

By: Aaron P. Rubin

Social Links: Suit over “embedded tweet” with Tom Brady’s photo settles; brand agency manipulates Wikipedia; evidence from Instagram wins French rock star’s kids a share of his estate

By: Julie O'Neill

Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law; influencers’ attempts to appear more authentic

By: Anthony M. Ramirez

Social Links: Laws affecting politicians using Twitter & tourists taking photos; the GDPR takes effect; lost Bitcoins

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

Social Links: Twitter’s tougher anti-hate-speech policy; tech-industry-friendlier version of bill to narrow the §230 safe harbor; 2017’s top posts

By: Aaron P. Rubin

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. Rubin

Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a potentially dangerous Snapchat update

By: Aaron P. Rubin

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may require ID of status updates posted by “bots”

By: Aaron P. Rubin