Mixed Messages: Courts Grapple With Emoticons and Emoji
- Emoti cons —such as :-) —and emoji —such as —are ubiquitous in online and mobile communications; according to one study , 74 percent of Americans use emoticons, emoji and similar images on a regular basis. Given their popularity, it comes as no surprise that... ›
Social Links: A social media marketing fail; Facebook and prisoners, jurors, older people
By: Aaron P. RubinWe’re trying something new here at Socially Aware : In addition to our usual social-media and tech-law analyses and updates, we’re going to end each work week with a list of links to interesting social media stories around the Web, primarily things that caught... ›
How to Protect Your Company’s Social Media Currency
By: Aaron P. RubinToday’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it , is becoming increasingly important and companies are investing heavily in building their social media fan bases. In some cases,... ›
New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content
By: Anthony M. RamirezIn this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation of revolutionary new business models? Section 512(c)... ›
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... ›
Frying Small Potatoes: Will Amazon’s Pursuit of Individual Fake-Review Writers Pay Off?
By: Aaron P. RubinAmazon’s customer reviews have long been a go-to resource for consumers researching prospective purchases. Unfortunately, fake customer reviews —product critiques commissioned by merchants and manufacturers in an effort to bolster their own products’ reputations or undermine their competitors’—have been around for almost as long.... ›
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... ›
Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision
By: Aaron P. RubinTale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs whose information was retained beyond that period. So held the U.S.... ›
Federal District Court Strikes Down Law That Bans Ballot Selfies
By: Aaron P. RubinThe U.S. District Court for the District of New Hampshire recently struck down on First Amendment grounds a 2014 amendment to New Hampshire Revised Statute 659:35 that made it illegal for New Hampshire voters to post pictures of their completed ballots to social media.... ›
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... ›