News & Analysis as of

Social Media Terms of Service

Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Adler Pollock & Sheehan P.C.

Digital Assets: Properly Account for These Assets in Your Estate Plan

In 2024, it’s fair to say that most people have some form of digital assets. This asset type can include digital photos, video and music collections; social media accounts; online banking and brokerage accounts; or...more

Robinson+Cole Data Privacy + Security Insider

X Corp Loses Battle Over Public Data Access

In a significant setback for Elon Musk’s X Corp (formerly Twitter), a U.S. District Judge has dismissed the company’s lawsuit against an Israeli data-scraping firm, Bright Data Ltd. We previously reported on X’s recent spree...more

BCLP

Digital Speaks: Don’t Be Shy, Disclose Ai!

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With adoption of generative AI tools scaling exponentially amongst content creators, companies need to be vigilant to ensure all content posted on social media platforms complies with user guidelines about AI, especially...more

Amundsen Davis LLC

What to Do if You Are Defamed on Social Media

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Everyone is a little braver when hiding behind their keyboard. Words fly a little easier online where the speaker and target of the speech do not occupy the same physical space. The exponential echoes of manufactured gossip...more

Polsinelli

‘Alkutkar v. Bumble’: Securing Active Consent for Updated Terms of Service

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Overview - The District Court for the Northern District of California recently provided guidance in Alkutkar v. Bumble Inc., No. 22-CV-00422- PJH (N.D. Cal. Sept. 8, 2022), reconsideration denied, No. 22-CV-00422-PJH,...more

Wyrick Robbins Yates & Ponton LLP

One-Two Punch: Lessons from the Irish DPC’s WhatsApp Decision

2023 continues to be a busy year for European data protection authorities. Following its release of the Irish Data Protection Commission’s (DPC’s) binding decisions in cases against Facebook and Instagram, the European Data...more

BakerHostetler

California’s AB 587: What You Need to Know About Social Media Content Moderation

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On Sept. 13, California Gov. Gavin Newsom signed into law AB 587, which requires social media companies to publicly post their content moderation policies and semiannually report data on their enforcement of the policies to...more

Perkins Coie

More State Content Moderation Laws Coming to Social Media Platforms

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California and New York recently passed laws that seek to change how “social media platforms” and “social media networks” (both of which are broadly defined terms) design and report their content moderation practices. In...more

Kohrman Jackson & Krantz LLP

Riot’s Listening: Valorant Combats Player Toxicity

Riot Games’ (Riot) team-based, first-person-shooter game, Valorant, has received mixed emotions upon its announcement that it will monitor the game’s voice chat. Team-games especially benefit from players being able to...more

Sheppard Mullin Richter & Hampton LLP

The Impact of the CARU Advertising Guidelines Change On Privacy

As discussed in our sister blog, CARU’s revised Ad Guidelines go into effect on January 1, 2022. While the core principles of the guidelines have not changed, they now include new content to account for today’s advertising...more

Arnall Golden Gregory LLP

Times They Are A Changin’… and Your Website Terms and Policies Should Too

It is a good time to review your website and its accompanying terms and conditions and privacy policies. From year to year, the legal landscape evolves with changes being driven by technological advancements, shifting...more

Weintraub Tobin

Recent Case Demonstrates The Need For Caution When Embedding Links To Social Media Posts

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A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website. An embedded photo is one that is not hosted on the website’s...more

Manatt, Phelps & Phillips, LLP

It’s Not COPPA-cated: CARU Determines VSCO Mobile App Not Directed Toward Children

On January 21, the Children’s Advertising Review Unit (CARU) announced a social media and photo editor app that has become well known to teens and tweens for the “VSCO girl” trend is not an online service that is either...more

ArentFox Schiff

New York Court Declares Embedded Instagram Post to be Fair Use, Further Splintering Treatment of Social Media Embeds

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In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post...more

Spilman Thomas & Battle, PLLC

New Developments in the World of Section 230

Nick Mooney and Joseph Schaeffer, Spilman Technology Law Practice Group Chairs, discuss proposed amendments from the Department of Justice, a recent statement from Justice Thomas on the Supreme Court’s “shadow docket,” and a...more

Manatt, Phelps & Phillips, LLP

No Discord Here: CARU Determines Social Media Platform Complies With COPPA

On October 6, the Children’s Advertising Review Unit (CARU) announced its finding that Discord, a social media platform that provides text, voice and video communication services via desktop, browser and mobile applications,...more

Proskauer - New Media & Technology

Facebook Brings Suit against Developers of a Browser Extension That Harvested User Data

In continuing its efforts to enforce its terms and policies against developers that engage in unauthorized scraping of user data, this week Facebook brought suit against two marketing analytics firms, BrandTotal Ltd...more

Mitchell, Williams, Selig, Gates & Woodyard,...

With All My Electronic Goods I Do Thee Endow—Digital Asset Planning For The 2020s And Beyond

Hey Siri, how do I get everything on this iPhone to my loved ones if something happens to me (or make sure it’s deleted)? If you ask Siri this question, she will (as is all too common) not give you the right response, and...more

Proskauer - New Media & Technology

President Signs Executive Order Directing Agencies to Probe the Contours of CDA Immunity

President Trump signed an Executive Order today attempting to curtail legal protections under Section 230 of the Communications Decency Act (“Section 230” or the “CDA”). The Executive Order strives to clarify that Section 230...more

Saul Ewing LLP

Have You Forgotten to Plan for Future Management of Your Digital Assets?

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Digital assets are owned by almost everyone. Unfortunately, most of us have not planned for future management of those assets by our family....more

Morrison & Foerster LLP - Social Media

Social Links: Social media ad spend soars; the FTC sends special message to “influencers”; LinkedIn changes its terms of use

A New York State senator has introduced a bill that would make posting footage of a crime to social media with the intention of glorifying violence or becoming famous punishable by up to four years in prison and fines....more

Farrell Fritz, P.C.

What Happens to your "Social Media" and other "Digital" Life when you Die?

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Over the holidays, it’s likely that you or a loved one received some type of computer or device that connects to internet websites, e-mail and applications. Or that pictures were taken and stored on such a device, or that...more

Snell & Wilmer

New Law Deals With Digital Assets After Death

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In an article earlier this year we noted that at a large number of states had introduced legislation to address an emerging issue that is unique to our Information Age: how will our digital assets be accessed and used (or...more

Proskauer - New Media & Technology

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more

Morrison & Foerster LLP - Social Media

Commercializing User-Generated Content: Five Risk Reduction Strategies

We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host UGC on their websites, blogs and social media pages and reap the resulting...more

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