In just over a week, on October 1, 2019, key amendments to Nevada’s online privacy law will take effect. We previously detailed the amendments here. In brief:
- Consumers have the right to opt out of the sale of their
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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Ninth Circuit’s LinkedIn Decision Does Not Greenlight the Unauthorized Web Scraping of Public Websites
A recent decision from the Ninth Circuit Court of Appeals in a dispute between LinkedIn and hiQ Labs has spotlighted the thorny legal issues involved in unauthorized web scraping of data from public websites. While some may interpret the LinkedIn…
The Company Who Cried “General Audience”: Google and YouTube to Pay $170 Million for Alleged COPPA Violations
Last week, the Federal Trade Commission made clear that child-directed parts of an otherwise general audience service will subject the operator of the service to the Children’s Online Privacy Protection Act (COPPA).
Just six months after the FTC’s record-setting settlement…
CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms
A recent Second Circuit decision makes clear that the safe harbor that social media and other Internet companies enjoy under Section 230 of the Communications Decency Act broadly applies to a wide variety of claims.
When you think about the…
The Meme Generation: Social Media Platforms Address Content Curation
By Aaron Rubin
It is likely no surprise to regular readers of Socially Aware that posting content to social media can, in some cases, generate significant income. But those who make their living on social media may find their livelihood threatened if…
Back to School Early: FTC Seeks Comments to COPPA Rule Ahead of Schedule
Advancements in technology appear to have spurred the Federal Trade Commission to initiate a review of its rule promulgated pursuant to the Children’s Online Privacy Protection Act (the “COPPA Rule” or “Rule”) four years ahead of schedule. Last week, the…
By Winning Motion to Dismiss, Supermodel Loses Chance to Clarify Whether She Can Lawfully Post Photos of Herself to Social Media
By Aaron Rubin
A federal district court dismissed a case against supermodel Gigi Hadid for posting to Instagram a photo of herself that was taken by a paparazzo. The reason for the court’s decision was simple: The party claiming copyright ownership of the…
Court Holds that Arbitration Clause in “Hybridwrap” Terms Is Unenforceable
A federal district court in Illinois recently held in Anand v. Heath that a digital marketing company could not force a user to arbitrate because a “Continue” button on its website did not provide clear notice that clicking the button…
D.C. Circuit Holds that Section 230 Locks Out Locksmiths
By Aaron Rubin & Scott Chen
As we noted in our recent post on the Second Circuit case Herrick v. Grindr, LLC, Section 230 of the Communications Decency Act (CDA) continues to provide immunity to online intermediaries from liability for user content, despite pressure from…
The CNIL Strikes Again – Mind Your Security
The French data protection authority, the CNIL, continues to fine organizations for failing to adopt what the CNIL considers to be fundamental data security measures. In May 2019, the CNIL imposed a EUR 400,000 fine on a French real estate…