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 it Up: Implementing and Enforcing Online Terms of Use

- New California Privacy Law Revisions Will Impact Website and Mobile App Operators With Users Under Age 18

- Copyright: Europe Explores Its Boundaries – New UK Infringement Exceptions – The Ones That Came Back Again

- Counterfeit Goods: Has the War on ISPs Just Gotten Tougher?

Excerpt from What’s in a Like?:

In the pre-Facebook era, the word “like” was primarily a verb (and an interjection sprinkled throughout valley girls’ conversations). Although you could have likes and dislikes in the sense of preferences, you could not give someone a like, claim to own a like or assert legal rights in likes. Today, however, you can do all of these things and more with Facebook likes and similar constructs on other social media platforms, such as followers, fans and connections. This article explores the emerging legal status of likes and similar social media constructs as the issue has arisen in a number of recent cases.

LIKES AS PROTECTED SPEECH -

One of the early cases to delve into the legal status of likes was Bland v. Roberts, which addressed the issue of whether a Facebook like constitutes protected speech for purposes of the First Amendment. In Bland, five former employees of the Hampton Sheriff’s Office brought a lawsuit against Sheriff Roberts, alleging that he violated their First Amendment rights to freedom of speech and freedom of association when he fired them, allegedly for having supported an opposing candidate in the local election. In particular, two of the plaintiffs had “liked” the opposing candidate’s Facebook page.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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