Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013

In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we discuss a new litigation trend in which content owners are focusing on individual P2P users to enforce their rights, despite potential First Amendment hurdles; we report on the FTC’s crackdown on so-called “history sniffing”; we examine how Section 230 of the Communications Decency Act may or may not fully protect website operators from trademark-related claims; we review a recent FCC ruling on whether opt-out confirmation text messages violate the Telephone Consumer Protection Act; we highlight constitutional challenges to how public entities moderate their social media pages; we summarize a recent order requiring Twitter to continue to provide PeopleBrowsr with access to Twitter’s “Firehose”; and we recap major events from 2012 that have had a substantial impact on the law of social media.

All this, plus a collection of eye-opening numbers on the use of social media in 2012.

In This Issue:

Employers and Employees Battle Over Social Media Accounts; Anonymous P2P User’s Motion to Quash Subpoena Denied; FTC Snuffs Out Online “History Sniffing”; Socially Aware Looks Back: The Social Media Law Year in Review; AdWords Decision Highlights Contours of CDA Section 230 Safe Harbor; FCC Rules That Opt-Out Confirmation Text Messages Do Not Violate TCPA; Facebook ’em, Danno: Is the Hawaii 5-0's Facebook Wall A Public Forum?; and PeopleBrowsr Wins Round One Against Twitter.

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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