A California Superior Court’s recent ruling in Murphy v. Twitter held that Section 230 of the Communications Decency Act shielded Twitter from liability for suspending and banning a user’s account for violating the platform’s policies. As we have previously noted
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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Legislators Propose Narrowing § 230’s Protections, the Law that Gave us the Modern Internet
As we have frequently noted on Socially Aware, Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “the law that gave us the modern…
Social Links: Suit over “embedded tweet” with Tom Brady’s photo settles; brand agency manipulates Wikipedia; evidence from Instagram wins French rock star’s kids a share of his estate
In March, Socially Aware reported on a lawsuit involving several prominent news outlets’ publication of a photo of NFL quarterback Tom Brady on Twitter. The case had the potential to upend a copyright and Internet-law rule that, in the words…
Nevada Enacts CCPA-Style Opt-Out Right for Consumers—but Similarities Are Few
Nevada just joined California as the second state to enact an opt-out right for consumers from the “sale” of their personal information. Senate Bill 220, which was signed into law on May 29, 2019, is scheduled to take effect…
Youth Protection in Germany: Are Online Age Checks & Daytime Blackouts Ahead?
Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with statutory youth protection requirements. The decision is effective immediately, although it will most likely be…
Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology
A federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th Circuit’s…
The EU Copyright Directive Passes – But Member States Remain Split on Upload Filters
The Directive on Copyright in the Digital Single Market (Directive) was finally approved by all EU legislative bodies on April 15, 2019. Introducing “modernizing EU copyright rules for European culture to flourish and circulate” was a key initiative…
Appeals Court Again Upholds Section 230 Protections in Case Against Grindr
Often hailed as the law that gave us the modern Internet, Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us here at Socially Aware,…
Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law; influencers’ attempts to appear more authentic
A new law in Australia makes a social media company’s failure to remove “abhorrent violent material” from its platform punishable by significant fines. The law also states that the executives at social media companies who fail to remove the content…
How to Comply with the Revised Ephemeral-Messaging Provision in the DOJ’s Corporate Enforcement Policy
In early March 2019, the Department of Justice (DOJ) revised its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy). First announced in November 2017, the Policy is designed to encourage companies to self-report FCPA violations and to cooperate…