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.

Anthony M. Ramirez

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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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Lawrence W. Gallick

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)

A New California Digital Content Law Establishes New Requirements for Advertisers and Vendors

California’s Assembly Bill 587 Loses Key Provisions After Legal Challenge from X

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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 connection with Congressional efforts to deter online sex trafficking by narrowing the Communications Decency Act’s <a href="https://www.sociallyawareblog.com/2016/12/15/the-decline-and-fall-of-section-230/" target="_blank" rel="noopener noreferrer">Section 230 safe harbor protection for website operators from claims arising from third-party ads and other content</a>, a revised House bill would <a href="https://www.bloomberg.com/news/articles/2017-12-08/sex-trafficking-bill-soothes-a-tech-worry-with-focus-on-intent" target="_blank" rel="noopener noreferrer">require proof of intent to facilitate prostitution</a>, helping to address Internet industry concerns regarding the legislative initiative.YouTube is making a concerted effort to <a href="https://www.buzzfeed.com/charliewarzel/youtube-is-addressing-its-massive-child-exploitation-problem?utm_term=.nbz4MxPlO#.thzWak932" target="_blank" rel="noopener noreferrer">remove disturbing videos featuring children in distress</a>.Concerned about the effect fake news could have on the democratic process, lawmakers in Ireland proposed <a href="https://nypost.com/2017/12/05/spreading-fake-news-on-social-media-could-become-a-crime-in-this-country/" target="_blank" rel="noopener noreferrer">a law that would make disseminating fake news</a> on social media a crime.A proposed cybersecurity law in Vietnam would require foreign tech companies like Google to establish offices and store data in that country. According to <a href="https://www.nytimes.com/2017/11/30/opinion/vietnam-social-media-china.html?mtrref=undefined&assetType=opinion" target="_blank" rel="noopener noreferrer">this op-ed</a>, such a relatively late attempt to rein in Vietnam’s social media use would “most certainly trigger a popular backlash” and “seem like a retrograde move.”A <a href="http://www.dailymail.co.uk/sciencetech/article-5144007/Under-5s-BANNED-using-tech-own.html" target="_blank" rel="noopener noreferrer">new report from clinical experts in the UK</a> recommends that children younger than five-years-old should never be permitted to use digital technology without supervision.<a href="https://www.theverge.com/2017/11/29/16712704/snapchat-redesign-friend-feed-discover" target="_blank" rel="noopener noreferrer">Snapchat is rolling out a redesign</a> that places all the messages and Stories from a user’s friends to the left side of the camera, and stories from professional social media stars and media outlets that the user follows to the right of it. But will people over the age of 30 <a href="http://www.slate.com/articles/technology/technology/2015/01/snapchat_why_teens_favorite_app_makes_the_facebook_generation_feel_old.html" target="_blank" rel="noopener noreferrer">still have no idea how to use the platform</a>?Instagram is testing <a href="https://www.theverge.com/2017/12/7/16740280/instagram-direct-messaging-app-test-standalone" target="_blank" rel="noopener noreferrer">a direct messaging app</a> that would replace its current inbox. Called Direct, the app stands independent of that Instagram platform and, like Snapchat, opens to the user’s camera.Artificial intelligence is allowing people to actually enjoy the moments they photograph by significantly <a href="https://venturebeat.com/2017/11/14/ai-could-help-you-share-your-cake-on-instagram-and-eat-it-too/" target="_blank" rel="noopener noreferrer">cutting down the time it takes to share and catalog pictures</a>.There’s <a href="https://www.lifehacker.com.au/2017/12/how-to-block-all-the-troubling-stories-in-your-social-media-feeds/" target="_blank" rel="noopener noreferrer">a browser extension</a> that will hide all the potentially upsetting stories in your social media newsfeeds, but it’s not perfect. And maybe that’s <a href="https://www.forbes.com/sites/quora/2017/03/23/7-things-you-can-do-to-burst-your-social-media-filter-bubble/#4adde86128a8" target="_blank" rel="noopener noreferrer">a good thing</a>.Hmmm—in a tumultuous year, the <a href="https://www.usmagazine.com/celebrity-news/pictures/most-liked-instagram-photos-of-2017/tk-4-125/" target="_blank" rel="noopener noreferrer">ten most-liked posts on Instagram of 2017</a> all belong to Beyoncé, Cristiano Ronaldo or Selena Gomez.In contrast, the <a href="https://www.cnet.com/news/twitter-2017-top-tweets-donald-trump-barack-obama/" target="_blank" rel="noopener noreferrer">most popular tweets of this year</a> concern politics, tragedy and, well, chicken nuggets.

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

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

In an effort to deter hate groups from tweeting sanitized versions of their messages, Twitter has began considering account holders’ off platform behavior when 

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

In an <a href="https://www.documentcloud.org/documents/3932131-2017-0814-Hiq-Order.html" target="_blank" rel="noopener noreferrer">opinion</a> 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 <a href="https://arstechnica.com/tech-policy/2017/08/court-rejects-linkedin-claim-that-unauthorized-scraping-is-hacking/" target="_blank" rel="noopener noreferrer">federal anti-hacking law—the Computer Fraud & Abuse Act—prohibits the startup’s scraping of such publicly available information from a website</a>, even if the website owner has asked for the scraping to stop.Former U.S. president Obama’s tweet quoting Nelson Mandela in the wake of the violent Charlottesville rally is now the most “liked” tweet in history, surpassing Ariana Grande’s response to the Manchester terrorist attack in May.Does the First Amendment prohibit politicians from blocking people with opposing views on Twitter, Facebook and other social media platforms? A new wave of lawsuits are teeing up this issue for the courts to resolve.In a rape case involving two former college football players, the Tennessee Supreme Court held the state’s law on defense subpoenas <a href="http://www.knoxnews.com/story/news/crime/2017/08/16/supreme-court-backs-a-j-johnsons-bid-see-alleged-victims-social-media/573332001/" target="_blank" rel="noopener noreferrer">entitles the defendants to receive access to their alleged victims’ relevant social media and text messaging histories</a>.Google researchers discovered<a href="https://venturebeat.com/2017/08/17/google-researchers-made-an-algorithm-to-delete-watermarks-from-photos/" target="_blank" rel="noopener noreferrer"> an algorithm capable of removing the watermarks</a> that stock-imagery sites use in an effort to protect copyrighted content—and suggest a way to thwart the algorithm’s use.With 2-to-3-minute long episodes, Snapchat’s first daily news program, NBC News’s “Stay Tuned,” has<a href="http://variety.com/2017/digital/news/nbc-news-snapchat-show-29-million-viewers-1202532550/" target="_blank" rel="noopener noreferrer"> more than 29 million unique viewers</a>.Speaking of Snapchat, the innovative social media platform just introduced a feature called Crowd Surf that allows users to watch an event like a concert by connecting snaps together based on their audio.Instagram will soon <a href="https://www.theverge.com/2017/8/15/16151624/instagram-comment-threads-ios-android" target="_blank" rel="noopener noreferrer">begin organizing comments into threads</a> the way Facebook does.A former partner at an Illinois law firm is the subject of a complaint filed by the state’s attorney disciplinary committee for setting up a phony profile on Match.com for a female attorney who practices in his town.A Georgia judge was <a href="https://lawnewz.com/high-profile/judge-suspended-after-criticizing-anti-confederate-snowflakes-on-social-media/" target="_blank" rel="noopener noreferrer">suspended for his social media posts</a>, which, among other things, called supporters of de-Confederatization efforts “the nut cases tearing down monuments” and compared them to the radical Islamic terrorist group ISIS.By <a href="https://www.wired.com/story/this-lumbering-self-driving-truck-is-designed-to-get-hit/" target="_blank" rel="noopener noreferrer">deploying the first autonomous impact protection vehicle</a>—a truck designed to absorb the impact of an errant car—the Colorado Department of Transportation eliminated the need for a human driver to risk taking one of the most dangerous jobs around.Social media has had a huge impact on <a href="https://www.bostonglobe.com/lifestyle/travel/2017/08/17/does-social-media-make-miserable-flight-attendant-asked/4OzuRWAdQPKfzceuT3FAcI/story.html" target="_blank" rel="noopener noreferrer">flight attendants’ work lives</a>.

Social Links: A seminal opinion on web scraping; Obama breaks Twitter record; court holds state’s subpoena law applies to digital communications

In an opinion granting a preliminary injunction preventing LinkedIn from blocking a startup’s use of information in LinkedIn profiles accessible to the entire p

Social Links: A seminal opinion on web scraping; Obama breaks Twitter record; court holds state’s subpoena law applies to digital communications

A defamation suit brought by one reality television star against another—and naming Discovery Communications as a defendant—could determine <a href="http://www.hollywoodreporter.com/thr-esq/discovery-argues-not-legally-responsible-tv-stars-social-media-posts-1018711" target="_blank" rel="noopener noreferrer">to what extent (if any) media companies may be held responsible for what their talent posts on social media</a>.In a move characterized as setting legal precedent, <a href="https://www.theguardian.com/law/2017/jul/08/fake-news-injunction-law-persons-unknown-social-media" target="_blank" rel="noopener noreferrer">UK lawyers served an injunction against “persons unknown”</a> via an email account linked to someone who was posting allegedly defamatory “fake news” stories on social media.<a href="https://www.bloomberg.com/news/articles/2017-06-26/why-the-eu-will-slap-google-over-product-searches-quicktake-q-a" target="_blank" rel="noopener noreferrer">European regulators fined Google $2.7 billion</a> for violating antitrust law by allegedly tailoring algorithms for product-related queries to promote its own comparison shopping service. If the search company doesn’t change how its search engine works in the EU in the next few months, it risks fines of up to 5% of its parent company Alphabet Inc.’s daily revenue.A newly formed trade group, called the Influencer Marketing Council, <a href="http://adage.com/article/digital/digital-celebrities-rely-trade-group-set-ad-disclosure-rules/309545/" target="_blank" rel="noopener noreferrer">is representing social influencers</a> in discussions with regulators and Internet platforms, and is leading an effort to outline best practices for <a href="http://www.sociallyawareblog.com/2015/12/21/influencer-marketing-tips-for-a-successful-and-legal-advertising-campaign/" target="_blank" rel="noopener noreferrer">complying with the FTC’s endorsement guidelines</a>.Pinterest’s commercial progress has reportedly been hampered by several factors, including the <a href="https://www.nytimes.com/2017/07/02/business/media/pinterest-advertising.html" target="_blank" rel="noopener noreferrer">format of its advertisements, which must mimic user posts</a>—something that requires brands to design content specifically for the platform.Members of law enforcement have expressed concerns regarding the safety risks posed by <a href="http://www.nwahomepage.com/news/fox-24/snap-maps-have-parents-and-law-enforcement-concerned/749589147" target="_blank" rel="noopener noreferrer">a Snapchat update that lets users see the exact location</a> of their Snapchat “friends.” An article on <a href="https://www.theverge.com/2017/6/23/15864552/snapchat-snap-map-privacy-threat" target="_blank" rel="noopener noreferrer">The Verge has some useful tips</a> on how to use the function, which is called Snap Map, and how to turn it off.Because the First Amendment limits the ability of the U.S. government to regulate search companies’ and social media platforms’ policies and guidelines, <a href="https://www.bloomberg.com/view/articles/2017-07-03/for-a-more-regulated-internet-thank-canada" target="_blank" rel="noopener noreferrer">companies like Google and Twitter might eventually be de facto regulated even within the United States by foreign nations</a> whose governments are entitled to regulate what happens on the Internet in order to protect their citizens according to their own laws.<a href="http://nypost.com/2017/07/06/why-a-list-pop-stars-are-fleeing-from-social-media/" target="_blank" rel="noopener noreferrer">Several A-list musicians have stepped away from social media</a> at least partly because their incredible popularity has made them an attractive target for trolls.<a href="https://www.nytimes.com/2017/07/03/smarter-living/how-to-see-what-the-internet-knows-about-you.html?action=click&pgtype=Homepage&region=CColumn&module=MostEmailed&version=Full&src=me&WT.nav=MostEmailed" target="_blank" rel="noopener noreferrer">Here are tips</a> on how to limit online service providers from collecting information about you in using social media and surfing the web.

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

A defamation suit brought by one reality television star against another—and naming Discovery Communications as a defendant—could determine to what extent (if a

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