The high-end skincare brand Sunday Riley has settled lawsuits filed by the Federal Trade Commission claiming that the brand’s founder encouraged employees of her eponymous company to set up accounts “under different identities” on the cosmetics retail site Sephora.com and
Socially Aware Blog
The Law and Business of Social Media
The Socially Aware Blog, published by Morrison & Foerster LLP, focuses on legal developments at the intersection of social media, technology, and consumer protection. It covers topics such as evolving auto-renewal laws for subscription services, social media platform policies and rebranding, intellectual property issues related to online content embedding, legislative challenges to Section 230 of the Communications Decency Act, and emerging consumer contract regulations in digital services. The blog analyzes regulatory changes, court decisions, and policy debates affecting social media companies, digital platforms, and consumers, with attention to privacy, content moderation, copyright, and technology-driven legal challenges.
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Influencing the Influencers: FTC Staff Release “Disclosures 101” Guidance for Online Endorsers
The Federal Trade Commission is trying yet another approach to convey the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be disclosed. This new guidance from FTC staff takes…
The Joys and Dangers of Tweeting: A CDA Immunity Update
A recent decision from a federal court in New York highlights the limits social media users enjoy under Section 230 of the Communications Decency Act (CDA). The case involves Joy Reid, the popular host of MSNBC’s AM Joy who has…
Will the Music Industry Continue To Win Its Copyright Battle Against ISPs?
For the last twenty years, the music industry has been in a pitched battle to combat unauthorized downloading of music. Initially, the industry focused on filing lawsuits to shut down services that offered peer-to-peer or similar platforms, such as Napster…
Just Browsing: District Court Finds Browsewrap Agreement Enforceable
Courts continue to grapple with the enforceability of online agreements. While courts generally enforce clickwrap agreements—online agreements where users affirmatively show their acceptance after being presented with the terms, usually by clicking “I agree”—browsewrap agreements have stood on shakier enforceability…
We’re Sorry, Your Service (Provider) Is Limited: The IAB CCPA Compliance Framework
In a move likely welcomed by publishers seeking a solution to honoring “sale” opt-outs in the interest-based advertising space, the Interactive Advertising Bureau last week released the IAB California Consumer Privacy Act Compliance Framework for Publishers and Technology Companies. The…
Cookies: A Coming-of-Age Story
One of the most recent chapters in the ongoing EU cookies saga has come in the form of a recent ruling by the Court of Justice of the European Union (CJEU) in the Planet49 case. The CJEU ruled that:…
Insta-Mural Infringement: Public Art in Instagram Ad Leads to Copyright Claim
As regular readers of Socially Aware already know, there are many potential traps for companies that use photographs or other content without authorization from the copyright owners. For example, companies have faced copyright infringement claims based on use of photos…
A dating platform’s alleged fraud; a decline in the popularity of popularity metrics; TikTok’s unique AI
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,…
Forget Me…or Not: Europe’s High Court Limits Territorial Reach of Right to Be Forgotten, But Not of GDPR
In a landmark ruling, the European Court of Justice—Europe’s highest court—dealt Google a clear win by placing a territorial limit on the “right to be forgotten” in the EU. The court’s holding in Google v. Commission nationale de l’informatique et …