John Delaney

John Delaney

Morrison & Foerster LLP

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She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for...more

9/17/2014 - Breach of Contract Cable Television Providers Contract Disputes Corporate Counsel Facebook Popular Social Media Television Programming

Status Updates - September 2014 #5

..School discipline. The California legislature has passed a law that, if signed by Gov. Jerry Brown (or not vetoed by him before the end of September), would significantly expand privacy protections for students from...more

9/16/2014 - Advertising Anheuser-Busch Facebook Pending Legislation Privacy Laws Public Schools Students Taxi Cabs Uber

Status Updates - September 2014 #2

Lawsuit panned by Court. The popular ratings app Yelp has been cleared by a federal appeals court of allegations in a class action lawsuit that the company extorted advertising dollars from businesses by threatening to remove...more

9/9/2014 - Class Action Online Reviews Social Media Yelp

Status Updates - August 2014 #13

..Blind spots. Self-driving cars are an excellent example of innovation, and the ones with Google technology have already traveled more than 700,000 miles. But what if a self-driving car doesn’t “see” a new traffic light or a...more

9/4/2014 - Credit Cards Fraud Google GPS Mobile Devices Self-Driving Cars Technology Video Privacy

Status Updates - August 2014 #10

..Death in the digital age. When someone dies, his or her heirs or executor will have broad rights to access the deceased person’s letters, documents and other physical assets. Delaware has just become the first state to...more

8/25/2014 - Digital Assets Executors Google Google Glass Heirs Privacy Concerns Uber

Status Updates - August 2014 #7

..Better shop around. In connection with a new staff report, the Federal Trade Commission (FTC) examined 121 popular apps used to comparison shop, find online deals and pay with mobile devices; the FTC concluded that many of...more

8/18/2014 - FTC Social Networks

Status Updates - August 2014 #4

..On the right track? Google reportedly will be testing a new method of targeting mobile users, one which connects the company’s mobile web tracking mechanisms with its mobile app tracking mechanisms, thereby allowing Google...more

8/11/2014 - Google Mobile Apps Web Tracking

Status Updates - August 2014 #2

..May a lawyer ethically instruct a client to delete potentially damaging information from a client’s Facebook page? According to a new ethics opinion from the Philadelphia Bar Association, yes, so long as the information is...more

8/7/2014 - Destruction of Evidence Evidence Facebook Legal Ethics Social Media

Picture This: Online Photos and Big Data

As the quality of visual recognition software continues to improve, privacy concerns have grown concomitantly. Because we now document our lives with so many pictures posted to social media—Facebook hosts over 250 billion...more

8/6/2014

Status Updates - August 2014

Long arm of the law. A federal judge in Manhattan has upheld a magistrate judge’s ruling that Microsoft must turn over customer emails that are held in a Microsoft data center in Ireland. The key issue is whether...more

8/4/2014 - Data Centers Email Search Warrant

Status Updates - July 2014 #13

Going viral: Silencing its critics, Twitter posted strong second quarter results, adding 16 million new monthly active users and boosting its user base by 24 percent from this time last year....more

7/31/2014 - Social Networks Twitter

Status Updates - July 2014 #12

..Your tax dollars at work: Wikipedia placed a 10-day ban on changes to the collaborative encyclopedia from a certain IP address inside the U.S. Capitol after discovering that bizarre and embarrassing edits were being made...more

7/28/2014 - EU Google Right to Be Forgotten Southwest Airlines Twitter Wikipedia

Status Updates - July 2014 #9

..According to a current study by Bank of America, Americans are very closely attached to their smartphones. Of those surveyed, 85 percent said they check their phone at least a few times a day and 35 percent say they check...more

7/22/2014 - Digital Assets Law Enforcement Privacy Concerns Smartphones Social Networks Twitter

Status Updates - July 2014 #7

..Since launching its Google+ social network three years ago, Google has insisted that Google+ users use only their real names on the network — no pseudonyms. Perhaps in an effort to attract more users to Google+, the...more

7/17/2014 - AirNB Anonymity Facebook Google LinkedIn Social Networks

Status Updates - July 2014 #6

..A St. Louis juror’s use of Google to learn something about punitive damages during a trial, while qualifying as “knucklehead misconduct,” was not a sufficient basis for overturning the jury’s verdict, a judge has held...more

7/15/2014 - AirNB Google Jury Verdicts National Security Social Networks

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

7/11/2014 - Data Protection Do Not Track ECJ EU FTC Internet Personally Identifiable Information Privacy Policy Right to Be Forgotten SnapChat Social Media

Status Updates - July 2014 #4

..YouTube has started pointing out to users that service slowness or interruptions are occurring on its videos — a thinly veiled allusion to ISPs, whom YouTube blames for online slowness. Some refer to this as a form of...more

7/10/2014 - Internet Net Neutrality

Status Updates - July 2014 #3

..A relatively new site called Wanelo combines the features of a social media site and an e-commerce site by permitting users to “save” products that they are interested in, and showing them to their online friends. The site...more

7/9/2014 - Child Abuse E-Commerce Neglect Social Networks Wanelo Wearable Technology Websites

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

7/8/2014 - Appeals Cyberbullying Facebook First Amendment Goldman Sachs Law Enforcement Social Networks Twitter

When Bosses Can’t Be “Friends”

Modern Technology has increasingly blurred the line between business and personal lives, thanks in large part to social media that can broadcast employees’ views to friends and the public in a heartbeat. Companies are...more

7/2/2014 - Employer Liability Issues Employment Policies Social Networks

Status Updates - June 2014 #8

..Facebook’s deputy general counsel describes the company’s pushback since last summer against sweeping search warrants issued by a court in New York for private data from no fewer than 381 Facebook users. The company regards...more

7/1/2014 - Facebook Instagram Internet Retailers Mobile Apps Retailers Search Warrant

Status Updates - June 2014 #7

..A Gallup survey found that a majority of Americans do not turn to social media when making purchasing decisions — but the survey appears to be flawed in several respects, especially because the information was gathered 18...more

6/30/2014 - Google Internet Marketing Right to Be Forgotten Social Networks

Status Updates - June 2014 #9

..In the top news story of the day, the U.S. Supreme Court ruled against Aereo in a closely watched copyright dispute with broadcasters; the Court found that Aereo engages in unauthorized public performances in violation of...more

6/25/2014 - Aereo Copyright Infringement Divorce Facebook YouTube

Status Updates - June 2014 #6

Debt collectors are using social media more and more frequently to try to track down people who owe money, but they are bound by restrictions in the Fair Debt Collection Practices Act when they do so, just as if they used...more

6/23/2014 - Debt Collection FDCPA Google Right to Be Forgotten

Status Updates - June 2014 #4

..Are threats made on social media protected free speech, or potentially criminal acts? The U.S. Supreme Court has agreed to examine the constitutionality of a federal law making it a crime to transmit communications...more

6/18/2014 - Distracted Driving Protected Activity SCOTUS Social Media Trucking Industry

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