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?