John Delaney

John Delaney

Morrison & Foerster LLP

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Social Links: NJ court allows police to read suspects’ private messages; tech companies’ increased control over users’ devices; an...

A New Jersey court rules that state police can examine a suspect’s private social media messages without having to apply for an order under the state’s wiretapping laws. Technology companies are exercising a lot of...more

2/14/2017 - Artificial Intelligence Blockchain Google Robots Social Media Technology UK

Socially Aware: The Social Media Law Update Volume 8, Issue 1

The Decline and Fall of the Section 230 Safe Harbor? - 2016 was a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or...more

2/10/2017 - Advertising Communications Decency Act Data Breach Data Security Email EU European Commission Geo-Blocking Microsoft Safe Harbors Section 230 Social Media Stored Communications Act UK UK Brexit UK Competition and Markets Authority (CMA)

Social Links: Trump’s tweets & the Presidential Records Act; Google’s fake-news raid; tools to burst your social bubble

Some industry observers are asking whether the post-inauguration tweets that President Trump is sending from his personal Twitter account may be subject to the same Presidential Records Act standards as official presidential...more

2/8/2017 - Artificial Intelligence Google Mobile Ad Networks Social Media Twitter YouTube

Tech, Not Trade, Poses Biggest Threat to American Jobs

Donald Trump’s successful road to the White House was fueled by heated rhetoric against free trade deals and U.S. companies engaged in offshore outsourcing. Underpinning his slogan “Make America Great Again” was a premise...more

1/26/2017 - Blockchain Technology Trump Administration

Social Links: Will a fan-made Star Trek prequel live long and prosper?; California bans driving while Snapchatting; apps that...

A federal district court judge refused to grant summary judgment to the copyright owners of the Star Trek franchise in the infringement suit they brought against the team behind a fan-made, crowdfunded prequel to the original...more

1/23/2017 - Copyright Infringement Copyright Ownership EU Instagram Internet Mobile Apps Personal Data SnapChat Sponsored Ads Star Trek Summary Judgment Yelp

A List of Lists

Every December and January you can count on the trade press and the mainstream media to run lists of predictions for the upcoming year and retrospectives on the year past ranking the “best” and “worst” of everything from...more

1/12/2017 - Cybersecurity Marketing Mobile Apps Social Media Technology

2016: Our Greatest Hits

Last year we explained how companies could protect their social media currency and heed the FTC’s warning on native advertising. We examined court opinions establishing the criteria for enforceable website terms of use and...more

1/10/2017 - Ad-Blockers Communications Decency Act Emoji FTC Legal Ethics Marketing Native Advertising Section 230 Social Media Terms of Use Trolls Websites

Social Links: AI displaces insurance company employees; revenge-porn victim seeks injunction against search engines; Wendy’s wins...

Over 30 workers at a Japanese insurance company are losing their jobs following the company’s adoption of IBM’s Watson Explorer, an artificial intelligence system that will perform an important back office function at the...more

1/9/2017 - Artificial Intelligence Cyberbullying Email Facebook Hiring & Firing Revenge Porn Search Engines SnapChat Social Media

2017: Predictions From Socially Aware’s Editors and Contributors

The beginning of a new year is a time for resolutions and predictions. We won’t bother Socially Aware readers with our resolutions for 2017, but we thought that we would share some predictions for the new year from our...more

1/5/2017 - Blockchain Copyright DMCA EU FinTech FTC Infrastructure Internet of Things LabMD Marketing Patent Litigation Section 230 Social Media Technology Trump Administration

New Copyright Office Rule Creates Potential “Gotcha” for Blogs and Websites Hosting User-Generated Content

If your company operates a website or blog that hosts user-generated content, you’ll want to read this post carefully. We’re ringing the alarm bell on an important new U.S. copyright law development that, if ignored,...more

12/6/2016 - Copyright Copyright Infringement Copyright Office DMCA Internet Service Providers (ISPs) Popular Safe Harbors User-Generated Content

Social Links: Yellow journalism rakes in cash; NYC law protects gig economy pay; Twitter suspends “alt-right” accounts

“Yellow journalism” websites are using social media to capitalize on popular ideology. And they’re making a bundle. New York City recently passed the country’s first law protecting the wages of “gig economy” workers. The...more

12/2/2016 - CNN Ethics Gig Economy Google Journalism PayPal SnapChat Social Media Twitter YouTube

Terms And Conditions For Your App: 6 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. Originally published in Law360,...more

11/29/2016 - Clickwrap Agreements EULA License Agreements Mobile Apps Popular Software Terms and Conditions Third-Party

Social Links: IMDb sues over right to post actors’ ages; Facebook tests jobs feature; Pinterest adopts “tried it” button

The Internet Movie Database (IMDb) has filed suit to overturn a law that requires the popular entertainment website to remove the ages or birth dates of people in the entertainment industry upon request. Vine might not...more

11/22/2016 - Facebook Hashtags IMDB Pinterest SnapChat Social Media Twitter Vine

Socially Aware: The Social Media Law Update Volume 7, Issue 6

Commercializing user-Generated Content: Five risk reduction strategies - We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to...more

11/14/2016 - App Developers Clickwrap Agreements Disclosure Requirements Ransomware Safe Harbors Social Media Spokeo v Robins TCPA Text Messages User-Generated Content

Social Links: LinkedIn’s new feature estimates compensation; states grapple with social-media-account-inheritance laws; insurance...

Because it bases its assesments on job title, location and industry, LinkedIn’s new Salary feature might be more accurate than are other online compensation estimation tools....more

11/7/2016 - Ballots Big Data Digital Assets Ethics Facebook LinkedIn Social Media Terms of Use UK

Social Links: IoT Causes Web Outage; YouTube Makes Endorsement Disclosure Convenient; NFL’s Social Media Policy Imposes Fines

The Internet of Things is apparently to blame for the Web outage that paralyzed the online world earlier this month. Justin Timberlake took down his “ballot selfie” from Instagram after Tennessee authorities made clear...more

10/31/2016 - Artificial Intelligence Blockchain Google Internet of Things LinkedIn Social Media YouTube

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 Media Safety Guide for Companies

We’re delighted to publish our Social Media Safety Guide for Companies, which highlights key considerations to keep in mind in using social media to promote your company’s products and services and to engage with customers....more

10/4/2016 - Privacy Policy Safe Harbors Social Media

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

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

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

8/25/2016 - Communications Decency Act Defamation Internet Online Reviews Safe Harbors Section 230 Social Media Takedown Notices User-Generated Content Website Owner Liability Websites Yelp

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

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