News & Analysis as of

Privacy in social media – is it really an oxymoron?

Yes, privacy in social media is pretty close to an oxymoron. At least in U.S. privacy law, the key issue for determining whether one has a privacy right is whether there was a “reasonable expectation of privacy” in the...more

California's New "Eraser Button" Law Allows Regretful Teens to Remove Embarrassing Internet Postings

California became the first state to sign into law a bill that requires websites and apps to provide an “eraser button” to its users under the age of 18. The law, S.B. 568 signed by California Governor Jerry Brown, has two...more

Week in Review - September 27, 2013

This week, everyone seemed to have an opinion about Apple’s new iOS 7 software for iPhones – whether they loved its new features or were frustrated that it took too long for data to download. While many people were absorbed...more

Post Summer Part 3 of 5 - Passive Recipient or Active Trickery?

Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 3 today: If an employee’s Facebook post can reasonably support an adverse...more

Shoulder-Surfs Up

The “shoulder-surfer” is that insufferable snoop at Starbucks, at the airport, on the bus, or anywhere else who peers over your shoulder and observes your online moves. Exasperating as it may be to share your love of lolcats...more

Washington State Enacts Law Restricting Employers’ Access to Private Social Media Accounts

Effective July 28, 2013, Washington joined several states in prohibiting employers from seeking access to their employees’ or prospective employees’ private social-media accounts....more

Stealth Lawyer: Chieh Huang, Social Games Developer [Video]

Aug. 7 (Bloomberg) -- Chieh Huang, co-founder of Astro Ape and director at Zynga Inc., talks with Bloomberg Law's Spencer Mazyck about his transition from practicing law at Proskauer Rose LLP to developing social mobile...more

Week in Review - July 24, 2013

As clearly evidenced by the flood of social media attention paid to the birth of the United Kingdom's royal baby this week, technology not only disseminates information faster but also makes it hard to avoid. ...more

Give people multiple ways to find your law firm's website

A report released by Forrester Research showing more people than ever are using social media to find websites has been garnering a lot of attention among marketers. For lovers of social networks, the data confirms what they...more

Law 2.0: An updated European legal framework for the digital society?

Introduction. Bill Gates once said that “(t)he day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.”. Although this may be somewhat of a witticism, no...more

2013 Texas Leg Watch: Retracting The Defamation And Notification After A Data Breach

While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas. ...more

Tales from the (En)crypt(ed): What Happens to Your Online Account Information When You Die?

Have you ever wondered what happens to your online account information when you die? Well, in a few days, the Uniform Law Commission (ULC) will be considering this very issue – fiduciary access to digital assets – at its...more

JDB 029: Youtility with Jay Baer – A Review

Back in January of this year I attended the New Media Expo (NMX) in Las Vegas. During this three day event I heard a lot of great speakers, but one stood out from the crowd – Jay Baer....more

Facebook Postings Are Admissible Evidence In New Jersey

Decades ago suspicious employers doubting disability claims would send out private investigators to surreptitiously photograph a claimant mowing the lawn or practicing golf strokes....more

What is a Social Media Will?

A government publication called the Consumer Action Handbook refers to the preparation of a social media will. Many people have online accounts of various types. What happens to them when you die?...more

Youthful Indiscretions: California Bills Poised to Regulate Use of Minors’ Data on Social Networks

Two bills designed to facilitate the removal of minors’ personal information from social networking sites are currently under consideration in the California State Assembly, after being approved in the upper house of the...more

Privacy Alert: New COPPA Rule Effective July 1, 2013

New amendments to the Children’s Online Privacy Protection Rule go into effect today, July 1, 2013. Amongst the significant changes introduced by the new Rule, the newly expanded definition of “personal information” and new...more

The Diet Has Spoken: Japanese Lawmakers Approve Internet-Enabled Campaigning

In February 2013, we reported on legislative momentum in the Japanese Diet to bring Japan’s sixty-year-old election laws into the brave new world of Web 2.0. On April 19, 2013, that reform effort came to fruition, when a bill...more

Before you go Social, Ask These Questions

Social media gets a lot of buzz these days. Most conversations presume a strong rationale for engaging in social media channels. The conversations seem to jump past whether it makes sense and instead argues for engaging in...more

Decades-Old Japanese Electioneering Law May Get a Web 2.0 Refresh

Here at Socially Aware, we report regularly on the difficulties inherent in applying long-established laws to new technologies like social media. An interesting example of this is unfolding in Japan: it concerns a decades-old...more

Online Interest-Based Advertising Icon to Be Used on Facebook to Give Greater Transparency and Choice Regarding Targeted Ads

On February 4, 2013, the Online Interest-Based Advertising Accountability Program issued a decision that concluded its inquiry into how the online advertising industry's Self-Regulatory Principles for Online Behavioral...more

Facebook Takes Steps to Expand Presence in Real Money Gaming

Facebook is quickly expanding its real money gaming platform. Net Entertainments has signed a license agreement with Bonza Gaming, which is a joint venture between gaming publisher Plumbee and online gaming operator...more

FTC Updates To Online Privacy Acts, COPPA And VPPA

The Children's Online Privacy Protection Act (“COPPA”) was enacted to place parents in control over what information is collected, used and disclosed from young children online. COPPA applies to operators of commercial...more

Around the Virtual World - January 28 - February 1, 2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - Kabam Hits Profitability in 2012 on Revenue of $180 Million - Maryland attorney general launches...more

Court Finds State Ban on Sex Offenders’ Use of Social Media Tramples Speech Rights

In a January 23, 2013, ruling, the U.S. Court of Appeals for the 7th Circuit held that an Indiana law that prohibited most registered sex offenders from using social media websites was unconstitutional because it was “not...more

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