Aaron Rubin

Aaron Rubin

Morrison & Foerster LLP

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Latest Publications


Social Links: Facebook at Work; Google’s Allo messaging app; Snapchat’s Spectacles

Facebook at Work, the on-the-job version of the web’s most popular social media platform, will launch in London on October 10th. Add iHeartRadio to the list of Internet radio platforms that will be offering an on demand...more

10/6/2016 - Cyberbullying Facebook Google Mobile Apps Music Streaming Radio Stations SnapChat Social Media Twitter

Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience

The California Supreme Court agreed to hear Yelp’s case arguing that requiring the company to remove a one-star review of a law firm “creates a gaping hole” in the immunity that shields internet service providers from suits...more

9/27/2016 - Bots Department of Transportation (DOT) Driverless Cars Enforcement Authority Google Hackers Internet Service Providers (ISPs) LinkedIn Personally Identifiable Information Safety Precautions SnapChat Social Media Transparency Trolls Twitter Websites Yelp

Social Links: Instagram’s “offensive comment” filter; Twitter’s TV app; YouTube’s “Community” feature

Instagram now allows users to hide offensive comments posted to their feeds. Take that trolls! Soon you’ll be able to watch Twitter content like NFL Thursday Night Football on a Twitter app on Apple TV, Xbox One and...more

9/21/2016 - Ad-Blockers Ballots EU Google Instagram Internet Streaming Selfies SnapChat Social Media Twitter YouTube

Social Links: Snapchat ad revenue grows; the UK’s revenge porn problem; laws that enable control of digital assets after death

Snapchat is on track to rake in an enormous amount of ad revenue by 2017. Also, there’s mounting evidence that the company is working toward developing a Google Glass-like product. We have written previously...more

9/12/2016 - Digital Assets Facebook Google Hashtags Pinterest Revenge Porn SnapChat Social Media Twitter UK

Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media...

Instagram now allows users to zoom in on photos in their feeds and at least 11 brands are already capitalizing on the new feature. Pinterest acquired Instapaper, a tool that allows you to cache webpages for reading at a...more

9/6/2016 - Advertising Facebook Instagram Investment Adviser Investment Funds Investors Journalism Mobile Apps Photographs Pinterest SEC SnapChat Social Media

Court Upholds Enforceability of “Clickwrap” Employee Agreement

As we have previously discussed, if you want your electronic contracts to be enforceable, it is a best practice to require the counterparty to affirmatively accept the contract by checking a box or clicking a button. A recent...more

9/1/2016 - Acceptance Clickwrap Agreements Contract Formation Electronic Agreements Electronic Communications Employment Contract Enforceability Forum Selection Clause Non-Compete Agreements Restrictive Covenants Stock Options Terms of Use Unenforceable Contract Terms Void and Unenforceable

Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group...

Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them. The National Labor Relations Board decided a social media policy that Chipotle had in place for its...more

8/29/2016 - DHS Facebook FTC FTC Endorsement Guidelines Google Hate Speech Instagram Jury Selection Kardashians Labor Law Violations Native Advertising NLRB Personal Data Pop-Up Ads Revenge Porn Social Media Truth in Advertising Twitter UK Visa Waiver Program

Social Links: Twitter offers anti-harassment tools; Pinterest takes on video ads; P&G changes its social strategy

Twitter took steps to remedy its harassment problem. In addition, over the last six months, Twitter suspended 235,000 accounts that promoted terrorism....more

8/22/2016 - Advertising Ballots Divorce Facebook Harassment Pinterest SnapChat Social Media Terrorist Threats Twitter

Social Links: Facebook’s anti-ad-blocking software; LinkedIn’s “scraper” lawsuit; FTC’s upcoming crackdown on social influencers

Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but Adblock Plus has already foiled the platform’s efforts, at least for now....more

8/15/2016 - Ad-Blockers Amicus Briefs Copyright Facebook FTC LinkedIn Mobile Apps PETA SnapChat Social Media Software Twitter Web Scraping

Ninth Circuit Case Demonstrates That the Social Media Platform, Not the User, Is in Control

We have written before about website operators’ use of the federal Computer Fraud and Abuse Act (CFAA) to combat data scraping. We have also noted a number of recent cases in which courts held that social media platforms,...more

8/8/2016 - Computer Fraud and Abuse Act (CFAA) Corporate Counsel Facebook Social Media Unauthorized Access User-Generated Content Web Scraping

Social Links: Twitter’s tough quarter; Yelp warns users about litigious dentist; Pinterest battles Snapchat

Instagram now allows celebrities to block trolls. The rest of us will have to continue trying to ignore Instagram trolls. While Facebook reached new highs last quarter, Twitter continued to stumble. Will adding more live...more

8/1/2016 - Computer Fraud and Abuse Act (CFAA) Defamation Emoji Facebook Instagram LinkedIn Pinterest SnapChat Social Media Trolls Twitter Yelp

Augmenting Reality: A Pokémon Go Business and Legal Primer

We have become inured to the sight of people staring at their phones rather than engaging with one another or enjoying their real-life surroundings. But, over the past two weeks, enslavement to mobile devices rose to new...more

7/21/2016 - Google Mobile Apps Nintendo Risk Mitigation SnapChat Terms of Service Trespass Video Games

Social Links: Appeals court opinions show reach of anti-hacking law; a virtual reality sickness cure; intrigue at Vine

The UK wants to use the blockchain to track the spending of welfare recipients. Some believe that a recent Ninth Circuit holding could turn sharing passwords into a federal crime under the Computer Fraud and Abuse Act....more

7/18/2016 - Blockchain Computer Fraud and Abuse Act (CFAA) Facebook Live Streaming Mobile Apps Patent Applications Patents SnapChat Social Media UK Vine Virtual Reality

#Trademarks?: Hashtags as Trademarks Revisited

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

7/18/2016 - Advertising Corporate Counsel Hashtags International Trademark Protection Marketing Popular Preliminary Injunctions Settlement Agreements Social Media Trademark Application Trademark Infringement Trademarks USPTO Young Lawyers

Social Links: Kids roll eyes as parents embrace Snapchat; teen sues Snapchat over sexual content; Snapchat to become less...

Snapchat has caught on with “oldies” (that’s people 35 and older, FYI). The Chinese government has forbidden online media from reporting news spread on social media sites. A 14-year-old and his mom are suing...more

7/11/2016 - Asia China Facebook Instagram Marketing SnapChat Social Media South Korea Twitter YouTube

Social Links: Implications of Facebook’s algorithm change; branded emoji; free travel apps

The Internet is abuzz over the Facebook algorithm change. Here are the implications for marketers and publishers and for regular users. U.S. Customs wants to start collecting the social media accounts for foreign...more

7/5/2016 - Algorithms Cybersecurity Emoji Facebook Mobile Apps SnapChat Social Media U.S. Customs Unemployment Insurance

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

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