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Part 1 - Section 230: 27 Years Old And Still In The Spotlight

Here at Socially Aware we talk a lot about Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes social media platforms and other online service providers from liability stemming from content...more

Social Links: Social Media Account Ownership Once Again In The Spotlight

Social media continues to dominate the headlines this spring, with several high-profile events capturing the media’s, regulators’, and lawmakers’ attention. Jack Owoc, founder and former CEO of Bang Energy (“Bang,” a...more

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

Coalition Of State Attorneys General Investigate TikTok’s Potential Harm To Children And Teens

In early March 2022, a coalition of state attorneys general launched an investigation of TikTok to determine whether the social media platform, which is popular among young Americans, causes long-term harm to them....more

Social Links: Behavioral Targeting Under Scrutiny From Lawmakers

Lawmakers on Capitol Hill continue to take aim at social media platforms that collect and use personal information that build algorithms to target individuals across a variety of dimensions when users engage with those...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

Social Links: Embedding social media posts can be considered copyright infringement…but is it?

Social Links is our ongoing series here at Socially Aware that rounds up current developments at the intersection of social media, policy, research, and the law. Embedding social media posts can be considered copyright...more

Social Links: Avoid Becoming A Social-Media-Scam Victim; Does Stream-Ripping Site Violate Copyright Law?

Reports of social media scams that have caused users to lose money had tripled by the end of 2020’s second quarter, resulting in the loss of $117 million during the first two quarters of this year alone. Romance scams and...more

Fake News & Paid Reviews: FTC Seeks Comments On Its Endorsement Guides

The Federal Trade Commission (FTC) appears to be using its ongoing review of current rules and guides to revisit its approach to driving home the message that the relationship between a social media “influencer” and the brand...more

Influencing the Influencers: FTC Staff Release “Disclosures 101” Guidance for Online Endorsers

The Federal Trade Commission is trying yet another approach to convey the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be disclosed. This new guidance from FTC...more

Brands Beware: FTC Continues Campaign on Social Media Influencer Disclosures

With much fanfare, the Federal Trade Commission (FTC) continues to take actions relating to so-called “social media influencers” who allegedly fail to disclose material connections to the products or brands they endorse....more

Socially Aware: The Social Media Law Update Volume 7, Issue 6

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...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

Innovative Social Media Marketing Cannot Overlook Old-Fashioned Compliance

Social media is all about innovation, so it is no surprise that social media marketers are always looking for innovative ways—such as courting social media “influencers” and using native advertising—to promote products and...more

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more

Influencer Marketing: Tips for a Successful (and Legal) Advertising Campaign

In an age of explosive growth for social media and declining TV viewership numbers, companies are partnering with so-called “influencers” to help the companies grow their brands. Popular users of Instagram, Vine, YouTube and...more

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...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

FTC Enforcement Action Confirms That Ad Disclosure Obligations Extend to Endorsements Made in Social Media

The Federal Trade Commission (“FTC”) has once again made good on its promise to enforce against deceptive advertising under Section 5 of the FTC Act, regardless of the media in which the advertising appears: its recently...more

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

Socially Aware - Volume 5, Issue 3 - May 2014

In This Issue: - Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law? - Which Way Is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case - The...more

Socially Aware - Volume 5, Issue 1 - January/February 2014

In This Issue: FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more

FTC Updates Its “Dot Com Disclosures” with a Focus on Social Media Advertising

On March 12, 2013, the Federal Trade Commission (“FTC”) issued an update to its “Dot Com Disclosures” guide to advertisers on making effective online disclosures. In doing so, the FTC has driven home the points that: •...more

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