John Delaney

John Delaney

Morrison & Foerster LLP

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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

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

Status Updates - June 2014 #3

..Twitter’s leadership was thrown into disarray on June 12 after Ali Rowghani resigned suddenly as the company’s chief operating officer amid a dispute with Chief Executive Dick Costolo. Twitter’s stock has fallen about 42...more

6/16/2014 - Crowdsourcing Foo Fighters Pre-Nuptial Agreements Social Networks Twitter Whisper

Status Updates - June 2014

..The CIA has entered the realm of social media, setting up a Twitter presence and a Facebook account. There one can find, among other things, reflections on intelligence history and fun facts from the CIA World Factbook...more

6/11/2014 - Passwords Social Media Social Media Policy

Status Updates

..The U.S. Secret Service is looking for software developers who can write programs that are capable of detecting sarcasm in postings on social media sites in order to distinguish real threats from facetious ones; some...more

6/9/2014 - Fines

Socially Aware - Volume 5, Issue 3 - May 2014

In This Issue: - Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law? - Which Way Is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case - The...more

5/22/2014 - Aereo APIs Copyright FTC Internet Internet of Things Internet Service Providers Internet Streaming Investment Adviser Jerk Public Performance Rights SCOTUS Social Media VPPA

FTC v. Jerk.com: Did the FTC’s “Jerk.com” Complaint Just Turn API Terms into Federal Law?

The Federal Trade Commission’s announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement...more

4/14/2014 - Enforcement Actions FTC Jerk Unfair or Deceptive Trade Practices Websites

Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law?

The Federal Trade Commission’s (FTC) announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5...more

4/11/2014 - Enforcement Actions FTC Websites

Socially Aware - Volume 5, Issue 1 - January/February 2014

In This Issue: FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more

2/3/2014 - Disclosure Do Not Track FFIEC First Amendment Mobile Apps NLRA NLRB Privacy Policy Social Media

Website Operators Await Final Guidance Regarding Compliance With California’s “Do-Not-Track” Disclosure Requirements

Even with the publication of draft “best practices” by the California Attorney General (AG), website operators remain uncertain as to their obligations under the new do-not-track disclosure requirements of the state’s Online...more

1/14/2014 - CalOPPA Data Protection Do Not Track Internet Privacy Laws Privacy Policy Websites

FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions

On December 11, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued final guidance for financial institutions relating to their use of social media (the “Guidance”). With its release, the FFIEC adopts...more

1/9/2014 - Audits Banks Compliance FFIEC Social Media

Here's What's Missing from Your Company's Social Media Policy

For a legal perspective, we asked attorneys writing on JD Supra to tell us what, in their experience, they most often found to be missing from workplace social media policies. We knew that a roundtable of responses would make...more

11/19/2013 - Bring Your Own Device Legal Perspectives NLRA NLRB Social Media Social Media Policy

More Trouble With Work-Related Social Media Accounts

We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have...more

3/20/2013 - Facebook Motion to Dismiss Passwords Social Media Social Media Policy Stored Communications Act

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