Morrison & Foerster LLP - Social Media

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 Avvo.com 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

Status Updates: Driving while social; a small country’s Facebook ban; and Pinterest’s new purchasing feature

Driven to distraction. A frightening number of people are interacting with social media when they should be watching the road. As part of a public service campaign to stop distracted driving, the phone company AT&T recently…more
| Communications & Media Law

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology, the…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Status Updates: Artist sues Pinterest; texting for teens without data plans; quit smoking with social media

Pin pain. As a primarily visual social media platform whose self-described purpose is to help users bookmark and save “good stuff you find anywhere around the web,” Pinterest has raised copyright infringement questions since it…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Five Social Media Law Issues To Discuss With Your Clients

The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled legal landscape will have them clicking “like” in no…more
| Commercial Law & Contracts, Communications & Media Law, Labor & Employment Law, Science, Computers, & Technology
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