Morrison & Foerster LLP - Social Media

Three Steps to Help Ensure the Enforceability of Your Website’s Terms of Use

Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote, websites must implement such terms properly to ensure that…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Science, Computers, & Technology

How UK Brands That Use Vlogger Endorsements & Social Media for Marketing Can Stay on the Right Side of the Law

Vloggers have become the reality stars of our times. For an increasing number of social media users, what was once a hobby is now a lucrative career. You may be surprised to learn that Felix Kjellberg (aka “PewDiePie”), a…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Consumer Protection

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Labor & Employment Law, Privacy

Federal District Court Strikes Down Law That Bans Ballot Selfies

The U.S. District Court for the District of New Hampshire recently struck down on First Amendment grounds a 2014 amendment to New Hampshire Revised Statute 659:35 that made it illegal for New Hampshire voters to post pictures of…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Elections & Politics

The Top Social Media Platforms’ Efforts To Control Cyber-Harassment

Social networking platforms have long faced the difficult task of balancing the desire to promote freedom of expression with the need to prevent abuse and harassment on their sites. One of social media’s greatest challenges is…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the tables on Yelp critic

Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually…more
| Communications & Media Law, Constitutional Law, Criminal Law, Science, Computers, & Technology

“Notes” Update Shows Facebook’s Continued Efforts to Increase Already Impressive User Engagement

As the number of social media platforms continues to grow, users’ online activity is becoming increasingly divided, requiring social media companies to prove to potential advertisers that they not only have a lot of registered…more
| Communications & Media Law, Science, Computers, & Technology

Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?

Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social…more
| Civil Procedure, Communications & Media Law, Electronic Discovery, Personal Injury, Privacy

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I…more
| Commercial Law & Contracts, Communications & Media Law, Personal Injury, Business Torts, Science, Computers, & Technology

Washington State Court Refuses to Unmask Anonymous Online Reviewer

In a precedent-setting ruling, the Washington Court of Appeals in Thomson v. Doe refused to grant a motion to compel brought by a defamation plaintiff who had subpoenaed the lawyer-review site seeking the identity of an…more
| Civil Procedure, Communications & Media Law

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Intellectual Property, Privacy

FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business Community

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Status Updates: CA’s anti-revenge-porn law scrapped; civil rights claim against blogging prosecutor dismissed; Match buys PlentyOfFish

There oughta be a law? As we’ve reported previously, states all around the country have enacted laws that criminalize the posting of revenge porn—nude photographs published without the subject’s consent, often by an ex-lover…more
| Civil Rights, Communications & Media Law, Criminal Law

Mobile App Legal Terms & Conditions: Six Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

“Never Say Never”: Lessons From RadioShack’s Sale of Customer Information

When a bankrupt company’s most valuable assets include consumer information, a tension arises between bankruptcy policy aimed at maximizing asset value, on the one hand, and privacy laws designed to protect consumers’ personal…more
| Bankruptcy, Commercial Law & Contracts, Consumer Protection, Privacy
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