Section 23o, the “26 words that changed the Internet,” is once again under scrutiny from lawmakers.
At the federal level, Republicans and Democrats on the Senate Judiciary panel’s subcommittee on privacy, technology, and...more
In late October, Facebook announced that it would change its name to Meta, signaling a shift of the social media giant’s focus toward the metaverse, a virtual space where social media, gaming, augmented reality, virtual...more
12/21/2021
/ Communications Decency Act ,
Facebook ,
Facial Recognition Technology ,
JAMA ,
LinkedIn ,
Pinterest ,
Rebranding ,
Social Media ,
Technology ,
Video Recordings ,
Websites
In Stover v. Experian Holdings, the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online...more
In Elliott v. Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the...more
8/25/2020
/ Allegations ,
Communications Decency Act ,
Defamation ,
Dismissals ,
Immunity ,
Interactive Process ,
Internet ,
Internet Service Providers (ISPs) ,
Media ,
Section 230 ,
Sexual Assault ,
Third-Party ,
Websites ,
Willful Misconduct
A federal district court in New York held that a photographer failed to state a claim against digital-media website Mashable for copyright infringement of a photo that Mashable embedded on its website by using Instagram’s...more
A federal district court in Illinois recently held in Anand v. Heath that a digital marketing company could not force a user to arbitrate because a “Continue” button on its website did not provide clear notice that clicking...more
As we have frequently noted on Socially Aware, Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “the law...more
Often hailed as the law that gave us the modern Internet, Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us...more
The Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet...more
Last year we explained how companies could protect their social media currency and heed the FTC’s warning on native advertising. We examined court opinions establishing the criteria for enforceable website terms of use and...more
1/10/2017
/ Ad-Blockers ,
Communications Decency Act ,
Emoji ,
Federal Trade Commission (FTC) ,
Legal Ethics ,
Marketing ,
Native Advertising ,
Section 230 ,
Social Media ,
Terms of Use ,
Trolls ,
Websites
2016 has been a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or Leonard Cohen, feel free to drop us a line). But one possible...more
As we noted in our recent post on the Ninth Circuit case Kimzey v. Yelp! Inc., in the right circumstances, Section 230 of the Communications Decency Act (CDA) still provides robust protection against liability for website...more
The California Supreme Court agreed to hear Yelp’s case arguing that requiring the company to remove a one-star review of a law firm “creates a gaping hole” in the immunity that shields internet service providers from suits...more
9/27/2016
/ Bots ,
Department of Transportation (DOT) ,
Driverless Cars ,
Enforcement Authority ,
Google ,
Hackers ,
Internet Service Providers (ISPs) ,
LinkedIn ,
Personally Identifiable Information ,
Safety Precautions ,
Snapchat ,
Social Media ,
Transparency ,
Trolls ,
Twitter ,
Websites ,
Yelp
As we have noted before, if you want to increase the likelihood that your website terms of use are enforceable against users, you need to do two things. First, you need to display the terms to users in a conspicuous way, and...more
Social media has upended a number of industries. Is Wall Street next?
Facebook is getting into the video game live-streaming business....more
6/10/2016
/ Arrest ,
Facebook ,
Google ,
Internet ,
Marketing ,
Offensive Language ,
Personal Brands ,
Snapchat ,
Social Media ,
Twitter ,
UK ,
Websites
In a fascinating, must-read article, a Google design ethicist explains the techniques that engineers and entrepreneurs employ to keep us hooked on the web.
A majority of U.S. adults—62%—now get their news on social...more
6/3/2016
/ Barack Obama ,
Email ,
Emoji ,
EU ,
Facebook ,
Google ,
Hate Speech ,
Instagram ,
Prison ,
Russia ,
Social Media ,
Social Networks ,
Websites
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...more
1/29/2016
/ Barnes and Noble ,
Corporate Counsel ,
Enforceability ,
Facebook ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Harassment ,
Instagram ,
Microsoft ,
Online Contracts ,
Reddit ,
Search Warrant ,
Section 5 ,
State Data Breach Notification Statutes ,
Terms of Use ,
Twitter ,
UK ,
Vlog ,
Websites ,
Young Lawyers
Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations, bankruptcy creditors’ access to business’ Facebook and...more
Amazon’s customer reviews have long been a go-to resource for consumers researching prospective purchases. Unfortunately, fake customer reviews—product critiques commissioned by merchants and manufacturers in an effort to...more
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...more
10/6/2015
/ Barnes and Noble ,
Browsewrap Agreement ,
Enforceability ,
Facebook ,
Hertz ,
Instagram ,
Mandatory Arbitration Clauses ,
Online Contracts ,
Risk Mitigation ,
Social Media ,
Terms of Service ,
Terms of Use ,
Unilateral Modification ,
Websites
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
8/17/2015
/ Browsewrap Agreement ,
Class Action ,
Corporate Counsel ,
False Advertising ,
Fraud ,
Mobile Apps ,
Notice Requirements ,
Popular ,
Software ,
Terms of Use ,
Websites ,
Young Lawyers
Congress has taken a step toward protecting consumers’ rights to post negative reviews on websites like Ripoff Report or Yelp with the introduction, by Representative Darrell E. Issa of California, of the Consumer Review...more
Implementing and Enforcing Online Terms of Use -
Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more
In This Issue:
- What’s in a Like?
- R.I.P.: The Facebook “Like” Gate
- Facebook Dislikes Fake Likes
- Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud
- Click...more
12/17/2014
/ Advertising ,
Clickwrap Agreements ,
Cloud Computing ,
COPPA ,
Counterfeiting ,
Data Protection ,
EU ,
Facebook ,
Infringement ,
Internet ,
Mobile Apps ,
Social Media ,
Terms of Use ,
UK ,
Websites
We have written previously regarding the pitfalls of online contract formation, including where website operators fail to implement website terms in a manner that requires users to expressly accept such terms. A recent...more