John Delaney

John Delaney

Morrison & Foerster LLP

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Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the...

Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more

8/28/2015 - Communications Decency Act Cyberbullying Defamation Facebook First Amendment Free Speech Intentional Infliction of Emotional Distress Marketing Online Reviews Revenge Porn Social Media Social Media Policy Yelp

Socially Aware - Volume 6, Issue 3 - July/August 2015

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 present a “grand unifying theory” of today’s leading technologies and the legal...more

7/29/2015 - Advertising Consumer Bankruptcy Copyright Infringement Creditors Data Collection Data Storage Providers Digital Assets Discovery Electronically Stored Information Evidence Facebook FTC Hashtags HBO Live Streaming Marketing Online Reviews Retail Tracking Sanctions Showtime Social Media Spoliation Trademarks Twitter Yelp

Mobile App Legal Terms & Conditions: Six Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website....more

7/21/2015 - Amazon App Developers Apple Clickwrap Agreements COPPA End-Users EULA Google Mobile Apps Mobile Devices Open Source Software Popular Software Terms and Conditions Third-Party

Status Updates: Driving while social; a small country’s Facebook ban; and Pinterest’s new purchasing feature

Driven to distraction. A frightening number of people are interacting with social media when they should be watching the road. As part of a public service campaign to stop distracted driving, the phone company AT&T recently...more

7/10/2015 - AT&T Distracted Driving Facebook Instagram Macy's Nordstrom Inc. Pinterest Public Safety Smartphones SnapChat Social Media Texting Twitter

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more

7/8/2015 - Advertising Big Data Consent Data Collection Drones Facebook Informed Consent Internet Internet of Things Mobile Devices Personally Identifiable Information Social Media Startups Technology Unmanned Aircraft Systems Wearable Technology Web Tracking

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

5/21/2015 - Disability Discrimination Discovery Evidence Facebook Hiring & Firing Mark Cuban Popular Social Media Text Messages

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

5/15/2015 - Anonymity Copyright Digital Assets DMCA FTC Internet of Things Mobile Devices Online Reviews Social Media Social Networks Terms and Conditions Web Scraping Web Tracking Yelp

Are You Socially Aware? Take Our Millennial Influencers Quiz

OK, Socially Aware readers, we’ve got a pop-culture quiz for you today. How many of the following names are familiar to you?...more

5/14/2015 - Celebrities Millennials Social Networks YouTube

Status Updates - April 2015 #5

Photo negative. Daniel Morel, the photojournalist who was awarded $1.2 million in damages from news agencies that distributed his iconic Haiti earthquake pictures without his permission after he posted those pictures on...more

4/27/2015 - Attorney's Fees COPPA Copyright Copyright Infringement Copyright Litigation Intellectual Property Litigation Photographs Social Media Startups

Status Updates - April 2015 #2

Bad ads. New research shows that 5% of the people visiting Google-related websites are using computers infected with programs that insert illegitimate ads onto web pages; as a result, these web surfers see ads that site...more

4/8/2015 - Advertising Amazon Google Internet of Things Mobile Payments Online Advertisements

Status Updates - March 2015 #2

Out with the inbox? The overwhelming popularity of workplace-specific platforms that facilitate coworker communication—commonly referred to as “enterprise social media”—is undeniable. But are these platforms poised to someday...more

3/31/2015 - Advertising Electronic Communications Email Financial Conduct Authority Instagram Movies Online Platforms Social Networks Twitter UK

Twenty Years Down the Road: A Q&A With Paul Goldstein, Author of Copyright’s Highway

More than two decades have passed since internationally recognized copyright law expert and award-winning novelist Professor Paul Goldstein of Stanford Law School (and Of Counsel to Morrison & Foerster) published his landmark...more

3/3/2015 - Authorship Copyright Legal History

Oh Snap! Social Media, Snapchat and the Need for Platform-Specific Marketing Strategies

One of the fascinating things about social media is that, from a marketing standpoint, each social media platform offers its own unique set of features and opportunities; as a result, a marketing strategy that proves...more

3/2/2015 - Marketing SnapChat Social Networks

Status Updates - February 2015 #4

Blawg rules. The California State Bar has issued an opinion outlining the circumstances under which an attorney’s blog would be subject to the requirements of the California State Bar Act’s Rules of Professional Conduct...more

2/23/2015 - Advertising Bar Associations Blogs Legal Ethics Rules of Professional Conduct Selfies Social Media Young Lawyers

Status Updates - February 2015 #2

Social work. Enterprise social media platforms – i.e., Facebook-like platforms used by companies to facilitate communication and collaboration among their employees – are incredibly popular these days; by some estimates, it...more

2/9/2015 - Facebook Research Tools SnapChat Social Media Social Networks Software Tinder

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...more

2/6/2015 - Business Assets Cloud-Based Services Contract Negotiations Facebook FTC Google Google Glass Intangible Property Minors Social Media Social Networks

Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass?

Once the hottest new technology innovation around, Google Glass was put out to pasture yesterday, at least for the near future. In the tech industry, we generally assume that a game-changing product like Glass will...more

1/16/2015 - Google Google Glass Privacy Concerns

Status Updates - January 2015 #3

A Craigslist conviction. The highest court in Massachusetts upheld the conviction under the Bay State’s anti-harassment statute of a couple who posted fake Craigslist advertisements that caused a great deal of trouble for...more

1/16/2015 - Advertising Anti-Harassment Policies Craigslist Cyber Crimes Facebook False Advertising Harassment Instagram LinkedIn Selfies Social Media Social Networks Twitter

Shorter and Simpler, Yes – But Is IBM’s New Cloud Services Agreement Any Sweeter?

IBM has been receiving rave reviews in the media for simplifying its Cloud Services Agreement to a mere two pages in length. And yes, the Agreement also boasts healthy margins and a normal font. But does the Agreement’s...more

1/14/2015 - Cloud-Based Services Contract Negotiations IBM

Status Updates - January 2015

Fake-out stakeout. For several months now, we’ve been covering the increasingly prevalent use of social media by law enforcement agencies conducting criminal investigations. In one such instance, the FBI sent a link to a...more

1/8/2015 - DEA Driverless Cars Facebook FBI Fourth Amendment Google Google Glass Instagram Law Enforcement MySpace Revenge Porn Social Media Social Networks

Status Updates - December 2014 #6

Facebook fit. It’s been said that a species’ evolutionary success depends more on its adaptability than any other trait. That apparently holds true for a social media platform’s staying power, too. Facebook continues to...more

12/18/2014 - Facebook Social Media Social Networks Twitter

Status Updates - December 2014 #5

An undercover app. Internet innovators have for some time been trying to cash in on the public’s mounting desire for anonymous messaging platforms, with varied success. As we recently noted, at least 11 students at colleges...more

12/17/2014 - Anonymity Facebook Mobile Apps Social Media Twentieth Century Fox WhatsApp

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

12/17/2014 - Advertising Clickwrap Agreements Cloud-Based Services COPPA Counterfeiting Data Protection EU Facebook Infringement Internet Mobile Apps Social Media Terms of Use UK Websites

Status Updates - December 2014

Between a lock and a hard place. Should search engines be responsible for verifying the legitimacy of the companies they include in their search results? A locksmith in Lorton, Virginia, is claiming that they should. Mark...more

12/3/2014 - Advertising Facebook Mobile Apps Mobile Devices Search Engines Social Media Twitter

Status Updates - November 2014 #13

Search stripped? European regulators have several beefs with Google—the digital giant has been accused of tax avoidance and violations of data protection laws—but right now they’re focused on whether the company, which...more

12/1/2014 - EU EU Data Protection Laws Google Monopolization Tax Avoidance

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