Aaron Rubin

Aaron Rubin

Morrison & Foerster LLP

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Social Links: Livestreaming goes mainstream; social-media-use guidance for judges; three years in jail for trolling?

Facebook signs more than $50 million worth of deals with media firms and celebrities to create videos for its live-streaming service....more

6/27/2016 - Celebrity Endorsements Facebook Gun Laws Hiring & Firing Judges Marketing SnapChat Social Media Tumblr Twitter

Social Links: The ramifications of Microsoft’s LinkedIn purchase; the brands using Snapchat; lawyers’ social media use

Lots of press surrounding Microsoft’s purchase of LinkedIn: Will LinkedIn change as a result? Will the Microsoft purchase inspire a Twitter acquisition? “Spam King” gets 30 months in jail for sending 27 million messages....more

6/20/2016 - Acquisitions LinkedIn Marketing Microsoft SnapChat Social Media Spam Twitter YouTube

Terms and Conditions Buried in Easily Ignored Scroll Box Don’t Cut It, the Seventh Circuit Holds

As we have noted before, if you want to increase the likelihood that your website terms of use are enforceable against users, you need to do two things. First, you need to display the terms to users in a conspicuous way, and...more

6/14/2016 - Acceptance Arbitration Agreements Contract Formation Internet Terms and Conditions Terms of Use TransUnion Websites

Social Links: Social’s potential to upend the investment industry; online ad fraud; a proposal to fix Twitter

Social media has upended a number of industries. Is Wall Street next? Facebook is getting into the video game live-streaming business....more

6/10/2016 - Arrest Facebook Google Internet Marketing Offensive Language Personal Brands SnapChat Social Media Twitter UK Websites

Social Links: The rise of social news; how technology hijacks our attention; are websites a dying business?

In a fascinating, must-read article, a Google design ethicist explains the techniques that engineers and entrepreneurs employ to keep us hooked on the web. A majority of U.S. adults—62%—now get their news on social...more

6/3/2016 - Barack Obama Email Emoji EU Facebook Google Hate Speech Instagram Prison Russia Social Media Social Networks Websites

Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?

The Newspaper Association of America has filed a first-of-its-kind complaint with the FTC over certain ad blocking technologies. Is it “Internet” or “internet”? The Associated Press is about to change the capitalization...more

5/31/2016 - Blocking Statutes Defamation Facebook FTC Instagram Internet Internet of Things Social Media Twitter

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance....more

5/23/2016 - Corporate Branding Facebook Google Hiring & Firing Impartiality Millennials Search Engines Social Media Twitter

Social Links–Instagram’s logo change causes a stir; stats on social media use at work; lessons from a YouTube star.

The Great Instagram Logo Freakout of 2016. A UK council policy reportedly grants its members power to spy on residents by setting up fake Facebook profiles....more

5/16/2016 - Corporate Branding Emoji Facebook Instagram Social Media YouTube

Friday Links—The most disliked movie trailer ever; using social media to plan trips and land job interviews; and more.

Facebook users spend more time on the platform than they spend pursuing any other leisure activity, except TV. Indeed, 1/16th of the average user’s waking time is spent on the platform. The most disliked movie trailer in...more

5/6/2016 - Facebook Identity Theft SnapChat Social Networks Twitter Wearable Technology

Socially Aware: The Social Media Law Update Volume 7, Issue 3

How To Protect Your Company’s Social Media Currency - Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is...more

4/29/2016 - Clickwrap Agreements Data Security Digital Single Market EU EU-US Privacy Shield Internet of Things IP License Online Reviews Protected Concerted Activity Social Media US-EU Safe Harbor Framework

Friday Links - April 2016 #3

A lawsuit alleges this Snapchat feature is making driving even more dangerous, and it’s not texting or instant messaging. This state is considering imposing hefty fines on jurors who post information to social media...more

4/29/2016 - Facebook Instagram Juror Selection Personal Data SnapChat Social Media Tinder

Friday Links - April 2016 #2

Defense lawyers who checked out the Facebook page of a plaintiff suing their client can be prosecuted for attorney misconduct, New Jersey judge rules... ...more

4/25/2016 - Ethics FTC Professional Networking Public Agencies Social Networks Tinder

Friday Links

We’re trying something new here at Socially Aware: In addition to our usual social-media and tech-law analyses and updates, we’re going to end each work week with a list of links to interesting social media stories around the...more

4/15/2016 - Big Data Facebook First Amendment Marketing Social Networks

How to Protect Your Company’s Social Media Currency

Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is becoming increasingly important and companies are investing...more

3/22/2016 - Breach of Contract Communications Decency Act Corporate Counsel Covenant of Good Faith and Fair Dealing Facebook Google Section 230 Social Media Takedown Notices Terms of Service Young Lawyers YouTube

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more

3/9/2016 - Advertising B2C Big Data Digital Goods Discovery Discovery Rule EU Facebook FTC Internet Retailers Marketing Mobile Apps Native Advertising Social Media Terms and Conditions User-Generated Content

Undead as a Service: Tips to Help Ensure Your IT Agreements Can Withstand a Zombie Apocalypse

Do the undead read the small print? In our experience, zombies are typically more concerned with fresh brains than with forum selection, but Amazon Web Services (AWS) has helpfully updated its AWS Service Terms for anyone who...more

2/17/2016 - Amazon Business Interruption Force Majeure Clause Information Technology Agreement Young Lawyers

Socially Aware: The Social Media Law Update Volume 7, Issue 1

Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use - Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the...more

1/29/2016 - Barnes and Noble Corporate Counsel Enforceability Facebook FTC FTC Endorsement Guidelines Harassment Instagram Microsoft Online Contracts Reddit Search Warrant Section 5 State Data Breach Notification Statutes Terms of Use Twitter UK Vlog Websites Young Lawyers

2015: Our Greatest Hits

Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations, bankruptcy creditors’ access to business’ Facebook and...more

1/12/2016 - Big Data Cloud Computing DMCA Facebook Marketing Social Media Trademarks Twitter Websites

Our List of Lists

January is the month when lists—lists of predictions, lists of trends, lists of feats and lists of failures—pervade social media newsfeeds and publications’ headlines. Here at Socially Aware we’re making an annual tradition...more

1/8/2016 - Cybersecurity Marketing Mobile Apps Privacy Laws Social Media Startups Technology Twitter

Frying Small Potatoes: Will Amazon’s Pursuit of Individual Fake-Review Writers Pay Off?

Amazon’s customer reviews have long been a go-to resource for consumers researching prospective purchases. Unfortunately, fake customer reviews—product critiques commissioned by merchants and manufacturers in an effort to...more

12/21/2015 - Amazon Credibility Fake Reviews Good Faith Online Reviews Websites

Building a Successful Social Media App: Four Lessons Learned from Snapchat

Since its launch in 2011, the social media platform Snapchat has generated its share of negative press, with most of that press in some way related to the very characteristic that, at least initially, helped Snapchat to...more

11/10/2015 - Advertising App Developers Online Videos SnapChat Social Media

Three Steps to Help Ensure the Enforceability of Your Website’s Terms of Use

Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote, websites must implement such terms properly to ensure...more

10/6/2015 - Barnes and Noble Browsewrap Agreement Enforceability Facebook Hertz Instagram Mandatory Arbitration Clauses Online Contracts Risk Mitigation Social Media Terms of Service Terms of Use Unilateral Modification Websites

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs...more

9/30/2015 - Data Privacy Data Retention Facebook Facebook Friends First Amendment Netflix Personally Identifiable Information Social Media Policy Sony Suspensions Video Privacy VPPA Workplace Bullying

Federal District Court Strikes Down Law That Bans Ballot Selfies

The U.S. District Court for the District of New Hampshire recently struck down on First Amendment grounds a 2014 amendment to New Hampshire Revised Statute 659:35 that made it illegal for New Hampshire voters to post pictures...more

9/9/2015 - Amended Legislation Ballots Content-Based Restrictions First Amendment Free Speech Selfies Social Media Social Networks

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