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News & Analysis as of

Social Links: Twitter offers anti-harassment tools; Pinterest takes on video ads; P&G changes its social strategy

Twitter took steps to remedy its harassment problem. In addition, over the last six months, Twitter suspended 235,000 accounts that promoted terrorism....more

California Passes Digital Assets Law

Following in the footsteps of numerous other states, California became the newest state to pass a digital assets bill, which allows individuals to access social media accounts, music accounts, gaming accounts or other digital...more

CMS Cracks Down On Social Media Abuse By Nursing Home Staff

On August 5th the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to all state survey agencies requiring that during the next standard survey of a nursing home, whether a Traditional or Quality Indicator...more

Aer Lingus Warns Customers About Social Media Scam

Social media users should beware of online scams purporting to offer free Aer Lingus flights. One scam asks users to fill out a questionnaire for a chance to win Aer Lingus tickets in celebration of Aer Lingus’ 80th...more

The Potentially Dangerous Intersection of Healthcare and Social Media

Lately, there have been numerous reports in the media raising patient privacy concerns due to healthcare providers’ use of social media in the workplace. A few examples include...more

Social Links: Facebook’s anti-ad-blocking software; LinkedIn’s “scraper” lawsuit; FTC’s upcoming crackdown on social influencers

Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but Adblock Plus has already foiled the platform’s efforts, at least for now....more

Ninth Circuit Case Demonstrates That the Social Media Platform, Not the User, Is in Control

We have written before about website operators’ use of the federal Computer Fraud and Abuse Act (CFAA) to combat data scraping. We have also noted a number of recent cases in which courts held that social media platforms,...more

Algorithms and the Perception of Bias

On Saturday, July 23, Facebook acknowledged its anti-spam systems had briefly and accidentally blocked links to WikiLeaks files containing internal Democratic National Committee (DNC) emails. WikiLeaks had released 19,000...more

2016 Updates to Ediscovery for Defendants Cheat Sheet

We’ve been remiss in updating our cheat sheet devoted to ediscovery for defendants. Because of the broad nature of the topic – these cases can and do arise in a wide variety of non-drug/device contexts – we have to research...more

Social Links: Twitter’s tough quarter; Yelp warns users about litigious dentist; Pinterest battles Snapchat

Instagram now allows celebrities to block trolls. The rest of us will have to continue trying to ignore Instagram trolls. While Facebook reached new highs last quarter, Twitter continued to stumble. Will adding more live...more

A Trial Attorney’s “Google” Responsibilities

Facebook, Twitter, LinkedIn and other social media services store the personal and professional information of millions of users. To the enterprising trial attorney, that’s millions of tweets, posts, photos, ‘likes’, pins,...more

Social Links: Twitter’s troll problem; Snapchat fat-shamer risks conviction; a federal anti-revenge-porn law?

Facebook Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app....more

FTC Acts Against Warner Brothers’ YouTube Promotion Campaign: Disclosure of Affiliation Below the “Fold” Is Not Enough

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social...more

Social Links: Appeals court opinions show reach of anti-hacking law; a virtual reality sickness cure; intrigue at Vine

The UK wants to use the blockchain to track the spending of welfare recipients. Some believe that a recent Ninth Circuit holding could turn sharing passwords into a federal crime under the Computer Fraud and Abuse Act....more

Facebook and HIPAA: Strange Bedfellows

As a social media user, you may have experienced Facebook’s targeted advertising. Mere moments after searching for a specific item on Google or visiting another website, your Facebook ads reflect your recent browsing history....more

FTC Continues to Scrutinize Social Media Influencer Programs

This week, as part of its ongoing focus on influencer programs, the Federal Trade Commission (FTC) settled charges against Warner Brothers Home Entertainment, Inc. regarding its use of such a campaign to market the video game...more

Socially Aware: The Social Media Law Update Volume 7, Issue 4

Mixed Messages: Courts Grapple With Emoticons and Emoji - Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more

Do you have privacy rights on social media?

True or False: Your privacy rights are diminished in social media. Most people would probably say this is true, and there are certainly court decisions asserting that people give up privacy interests once they post otherwise...more

Social Links: Kids roll eyes as parents embrace Snapchat; teen sues Snapchat over sexual content; Snapchat to become less...

Snapchat has caught on with “oldies” (that’s people 35 and older, FYI). The Chinese government has forbidden online media from reporting news spread on social media sites. A 14-year-old and his mom are suing...more

With Your Social Media Policy, It’s “Live” and “Go” Time

Recently, I had the opportunity to revisit a social media policy I had reviewed several years ago. In doing so, I was reminded — once again — how quickly the tech world is changing and how policies need to continually adapt. ...more

5 Reasons Nobody is Seeing Your LinkedIn Updates (the 5th reason will surprise you)

This last week in NYC I met with a frustrated Marketing Director who finally convinced their Managing Partner to share an article to LinkedIn as an update. You know, those articles that show up on LinkedIn’s Facebook-like...more

Social Links: Implications of Facebook’s algorithm change; branded emoji; free travel apps

The Internet is abuzz over the Facebook algorithm change. Here are the implications for marketers and publishers and for regular users. U.S. Customs wants to start collecting the social media accounts for foreign...more

Facebook Wins Appeal Over Storing Non-User Data in Belgian Court

The Belgian data protection authority has lost its legal battle with Facebook over whether the social network could track the online activities of non-Facebook users in Belgium who visit Facebook pages....more

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

Social Links: Livestreaming goes mainstream; social-media-use guidance for judges; three years in jail for trolling?

Facebook signs more than $50 million worth of deals with media firms and celebrities to create videos for its live-streaming service....more

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