Hot Off the Press: The December Issue of Our Socially Aware Newsletter Is Now Available
- The 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 look at several topics surrounding the proverbial online thumbs up, including... ›
Forced to Cyber-Spy: Court Rules Parents Can Be Held Negligent for Child’s Facebook Activity
By: Aaron P. Rubin
Are parents now liable for what their kids post to Facebook? According to a recent decision in the Georgia Court of Appeals, they are. The Georgia Court of Appeals held that the parents of a seventh-grade student could be found negligent for failing to... ›Hot Off the Press: The November Issue of Our Socially Aware Newsletter Is Now Available
By: Aaron P. Rubin
The 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 discuss an important Ninth Circuit decision refusing to enforce an arbitration... ›What’s in a Like?
By: Aaron P. Rubin
In the pre-Facebook era, the word “like” was primarily a verb (and an interjection sprinkled throughout valley girls’ conversations). Although you could have likes and dislikes in the sense of preferences, you could not give someone a like, claim to own a like or... ›New York Family Court Magistrate Allows Unprecedented Service of Process via Facebook; Will Others Follow?
In a little-noticed decision, Matter of Noel v. Maria , Support Magistrate Gregory L. Gliedman—a Staten Island, New York family court official—recently permitted a father seeking to modify his child support payments to serve process on the child’s mother by sending her a digital... ›The Death of Courtesy and Civility Under the National Labor Relations Act
In 2012, the National Labor Relations Board (NLRB or the “Board”) found a “courtesy” policy unlawful. Since then, the NLRB has continued to create more and more tension between the National Labor Relations Act (NLRA or the “Act”) and employers’ legitimate interests in maintaining... ›To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause
In Kevin Khoa Nguyen v. Barnes & Noble Inc. , 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms of use... ›She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”
A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for one of the network’s... ›Hot Off the Press: The August Issue of Our Socially Aware Newsletter Is Now Available
By: Aaron P. Rubin
The 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 examine the use of the Computer Fraud and Abuse Act to... ›Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping
By: Aaron P. Rubin
“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in 2013. Websites targeted by scrapers may incur damages resulting from, among... ›