Socially Aware Blog

The Law and Business of Social Media

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In 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. Read how much revenue the sales were generating for the defendant companies. Twitter is requiring parties interested in posting ads related to the European Parliament elections to verify their identities and
The California Attorney General continued its series of public forums regarding the California Consumer Privacy Act (CCPA), with forums last week in Riverside (January 24, 2019) and Los Angeles (January 25, 2019). As in the previous forums, there were a significant number of attendees, but few elected to speak publicly regarding their views on the Act. You can read our reports on the public forums held earlier this month in San Francisco and San Diego
In anticipation of preparing rules to implement the California Consumer Privacy Act, the California Attorney General recently announced six public forums that he will host in January and February 2019 across California.  On January 8, 2019, the AG hosted the first of these forums in San Francisco.  The following provides an overview of the forum and the comments made at the forum. Overview of the January 8, 2019, San Francisco Forum  Stacey Schesser, the Supervising Deputy Attorney…
As we have noted previously, the California Court of Appeal’s Hassell v. Bird decision in 2016 upholding an injunction requiring Yelp to remove certain user reviews was discouraging to social media companies and other online intermediaries, as well as to fans of Section 230 of the Communications Decency Act and proponents of Internet free speech generally. The recent California Supreme Court decision reversing the Court of Appeal was, therefore, met with considerable relief…
Just over a month after the EU General Data Protection Regulation (GDPR) took effect, California passed its own sweeping privacy legislation, the California Consumer Privacy Act of 2018. The Act stands to affect countless global companies doing business in California, many of which recently devoted extensive time and resources to GDPR compliance. These companies must now determine what additional steps are necessary to comply with the Act by the time it takes effect on January…
On July 19, 2018, in May, et al. v. Expedia Inc., U.S. Magistrate Judge Mark Lane issued a Report and Recommendation recommending that U.S. District Judge Robert Pitman for the Western District of Texas grant a motion to compel arbitration and dismiss a putative class action on the grounds that the plaintiff agreed to the defendants’ website’s Terms and Conditions, which contained a mandatory arbitration clause. HomeAway User Files Putative Class Action  HomeAway is…
An advertising executive who lost his job after being named on an anonymous Instagram account is suing the now-defunct account for defamation. The suit names as defendants not only the account—Diet Madison Avenue, which was intended to root out harassment and discrimination at ad agencies—but also (as “Jane Doe 1,” “Jane Doe 2,” et cetera) several of the anonymous people who ran it. Whether Instagram will ultimately have to turn over the identities of the…
If a web server located outside the United States hosts video content that can be viewed by Internet users located in the United States, does a public performance result under U.S. copyright law? This has been a topic of hot debate for a surprisingly long time, with little or no direct guidance from the courts—until now. A recent decision from the D.C. Circuit, Spanski Enterprises v. Telewizja Polska, addresses this issue head-on, with the…
As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent decision in Carpenter v. United States, in which the Court held that the government must obtain a warrant to acquire customer location information maintained by cellular service providers, at least where that information covers a period of a week or…
Computer scientist and legal scholar Nick Szabo first proposed the idea of “smart contracts” in 1996. Szabo published his initial paper on the topic in a publication called Extropy, a journal of transhumanism, a movement seeking to enhance human intellect and physiology by means of sophisticated technologies. At the time, the idea was nothing if not futuristic. Fast forward 22 years, and even if the actual use of smart legal contracts remains largely in the…