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Social Links: Section 230 Under Scrutiny (Again) From Lawmakers

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

Facebook Rebrands As “Meta;” Disables Facial Recognition Capabilities

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

Role Reversal: Ninth Circuit Rejects Consumer’s Attempt To Enforce Updated Arbitration Provision In Website Terms Of Use

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

EDNY Refuses To Dismiss on § 230 Grounds In “Shitty Media Men” Defamation Case

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

S.D.N.Y.: Public Display Of Embedded Instagram Photo Does Not Infringe Copyright

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

Court Holds that Arbitration Clause in “Hybridwrap” Terms Is Unenforceable

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

Legislators Propose Narrowing § 230’s Protections

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

Appeals Court Again Upholds Section 230 Protections in Case Against Grindr

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

5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor

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

2016: Our Greatest Hits

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

The Decline and Fall of Section 230?

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

In a Rough Year for CDA §230, Manchanda v. Google Provides Comfort to Website Operators

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

Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience

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

Terms and Conditions Buried in Easily Ignored Scroll Box Don’t Cut It, the Seventh Circuit Holds

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 Links: Social’s potential to upend the investment industry; online ad fraud; a proposal to fix Twitter

Social media has upended a number of industries. Is Wall Street next? Facebook is getting into the video game live-streaming business....more

Social Links: The rise of social news; how technology hijacks our attention; are websites a dying business?

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

Socially Aware: The Social Media Law Update Volume 7, Issue 1

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

2015: Our Greatest Hits

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

Frying Small Potatoes: Will Amazon’s Pursuit of Individual Fake-Review Writers Pay Off?

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

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 sites. As we previously wrote, websites must implement such terms properly to ensure...more

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

The Right to Give One-Star Reviews

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

Internet Licensing - The Licensing Journal, Vol. 34, No. 10, Pg 29–31

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

Socially Aware - Volume 5, Issue 7 - December 2014

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

So You Think You Have a Contract? Website Terms and Unconscionability

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

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