John Delaney

John Delaney

Morrison & Foerster LLP

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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 Yik Yak

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

Status Updates - November 2014 #12

Forget me not. Twitter launched just eight years ago with this tweet from company co-founder, Jack Dorsey: (Please see photo below.) (Not nearly as dramatic as “Mr. Watson—come here—I want to see you”— but I digress.) ...more

11/26/2014 - ABC v Aereo Aereo Commercial Bankruptcy Copyright Cybersecurity Data Protection Internet of Things SCOTUS Search Engines Twitter

Facebook Dislikes Fake Likes

Money may not be able to buy happiness, but it can buy phony Facebook “likes.” And those can go a long way toward making a small business owner’s dreams come true, right?...more

11/24/2014 - Advertising Facebook Like Gating Likes Marketing Small Business Social Media Spam

Status Updates - November 2014 #8

..Pay to play. Attention, marketing professionals: The free ride that Facebook has been giving to advertisers is coming to end. We’ve recently discussed Facebook’s recently ban on “like” gating. Now, inspired by its users’...more

11/19/2014 - Advertising Facebook Google Music Online Advertisements Pay-To-Play Personally Identifiable Information Preserving American Privacy Act Social Media Spotify Uber UK

Status Updates - November 2014 #6

That’s a lot of latte. It turns out that Starbucks—not a company in the mobile payments business—was the first company to make in-person payments by mobile phone mainstream. According to recent statements by the coffee...more

11/14/2014 - Anonymity General Electric Instagram Mobile Apps Mobile Payments Retailers Social Media Starbucks YouTube

Status Updates - November 2014 #5

..Tale of the tape. Remember the 1980s? Back then, watching a movie on demand meant visiting your local video store and renting the video tape version of the film that you wanted to watch (assuming it was available). During...more

11/11/2014 - Defamation Social Media Social Networks UK VPPA

Status Updates - November 2014

..Cuffed links. The Spanish parliament has passed what is commonly known as the “Google tax,” although it’s technically not a tax and doesn’t apply solely to Google. Rather, it’s an intellectual property law requiring online...more

11/4/2014 - Content Aggregators Data-Sharing Evidence Fees Fifth Amendment IBM Passwords Spain Twitter

Status Updates - October 2014 #14

Cover your Glass. We’ve addressed in Socially Aware the growing legal hysteria stirred up by Google Glass and other wearable technology. Just as Polaroid cameras were once banned from beach resorts and even the Washington...more

11/3/2014 - Data Breach Dating Services FTC Google Glass Kamala Harris Mobile Apps Wearable Technology

Status Updates - October 2014 #13

..Back to the future. Socially Aware readers – and editors – of, uhm, a certain age will fondly recall how, during the early days of the dotcom era, we hung out on message boards and in chat rooms discussing (some might say...more

10/31/2014 - Chat Rooms Facebook Internet of Things Marketing Message Boards Online Advertisements Young Lawyers

Status Updates - October 2014 #9

Court spanks parents. In a landmark decision, the Georgia Court of Appeals ruled in Boston v. Athearn that parents can be held responsible for the social media activities of their kids. The case involved a seventh-grade boy...more

10/21/2014 - Copyblogger Cyberbullying Drivers Facebook Minors Personal Liability Social Media Uber

New York Family Court Magistrate Allows Unprecedented Service of Process via Facebook; Will Others Follow?

In a little-noticed decision, Matter of Noel v. Maria, Support Magistrate Gregory L. Gliedman—a Staten Island, New York family court official—recently permitted a father seeking to modify his child support payments to serve...more

10/17/2014 - Facebook Family Courts Service of Process Social Media Young Lawyers

Status Updates - October 2014 #7

..Big and bigger. Facebook and Twitter are the leading social media networks and, according to a recent Forbes article, they have some interesting similarities and key differences. Facebook is clearly the larger and more...more

10/16/2014 - Social Networks

Status Updates - October 2014 #6

..Buy local. Facebook has just announced that it’s going to provide hyper-local advertising services for merchants who want to reach consumers in very specific geographic areas. This new feature reportedly will allow a...more

10/14/2014 - Advertising Facebook Hackers Russia Social Networks

Status Updates - October 2014 #4

..Yik yuck. As we’ve discussed on this blog, secrecy is all the rage these days in the online world. Yik Yak – a particularly edgy social media app that seeks to preserve user anonymity – is sweeping the country, or at least...more

10/9/2014 - Social Media Social Networks

Status Updates - October 2014 #3

..Upward mobility. These days, Facebook videos, taken as a whole, are receiving a total of one billion views a day, and at least 65% of those views are occurring on mobile devices, Facebook VP of global marketing solutions...more

10/7/2014 - Advertising Demographics Facebook Mobile Devices Online Videos Pinterest Social Networks Twitter YouTube

Status Updates - September 2014 #10

Hooray for Hollywood. According to a new study by KPMG, television and movie viewers have never had it better. A report by the consulting company found that the overwhelming majority of well-known movies and television shows...more

9/29/2014 - Amazon DuckDuckGo Ello Facebook Hulu Mobile Apps Movies Netflix Online Advertisements Privacy Concerns SnapChat Twitter Viber WeChat

Status Updates - September 2014 #8

..Pin Money. Brands of all sizes have long used the virtual pin board/social media site Pinterest to promote their wares and drive traffic to their web sites. Beginning in October 2014, companies will be able to purchase paid...more

9/26/2014 - Advertising Celebrities Invasion of Privacy Judges Pinterest Television Shows Twitter

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms...more

9/24/2014 - Arbitration Barnes and Noble Browsewrap Agreement Clickwrap Agreements Contract Formation Internet Retailers Retailers Terms of Use

Status Updates - September 2014 #7

..Time out. New FTC rules will generally require Internet retailers to give consumers the option of a full refund for an online purchase that the retailer failed to ship within the time period promised in the retailer’s...more

9/23/2014 - Facebook FTC Internet Retailers Law Enforcement Twitter

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

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