Socially Aware: The Social Media Law Update -- Vol. 3, Issue 5 -- December 2012

In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights; we revisit how affirmative user consent can make all the difference when it comes to the enforceability of your terms of use agreement; we review the FTC's guide to mobile application development, which outlines practices that mobile app developers should follow to avoid Section 5 enforcement against unfair or deceptive acts or practices; we discuss measures that companies collecting personal information from California residents can take to help ensure compliance with California’s Online Privacy Protection Act (OPPA); we report on California’s latest legislative efforts to restrict employers’ access to employees’ and applicants’ personal social media accounts; we fill you in on an important Seventh Circuit contributory copyright infringement case; we take a look at a complaint against a leading web-based print-on-demand service that demonstrates how social media and similar sites can become easy targets for trademark infringement claims; we highlight a recent FTC settlement with a well-known data broker that implicates both the Fair Credit Reporting Act (FCRA) and the FTC’s Endorsement Guides; and we provide an update on the controversy as to whether “liking” something on a social media site amounts to constitutionally protected speech.

All this, plus a collection of thought-provoking statistics on the use of social media during the recent 2012 presidential election.

In This Issue:

The Potential Perils of Posting Pictures (on Social Media); That’s a Wrap: Nguyen v. Barnes & Noble; FTC Issues Guidance for Mobile App Privacy and Advertising; Signals More Enforcement Coming; California A.G. Targets Mobile Apps That Fail to Comply With the State’s Privacy Policy Law; New California Law Limits Employer Access to Employee Social Media Accounts; Judge Posner Kicks That Flava in Ya Ear: New Guidance on Contributory Infringement From the Seventh Circuit; Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications; The FTC’s Spokeo Settlement Highlights Social Media-Related Legal Risks; and Update: What’s Not to Like?

Please see full issue below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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