Welcome to Socially Aware

Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

March 05, 2018 - Copyright, Fair Use
All Eyes on Fair Use: The Second Circuit Delivers a Victory for Copyright Owners
By: J. Alexander Lawrence
In U.S. copyright law circles, one of the hottest topics of debate is the degree to which the fair use doctrine—which allows for certain unauthorized uses of copyrighted works—should protect companies building commercial products and services based on content created by others, especially where
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February 22, 2018 - Terms of Use, Defamation
California Court Holds That YouTube’s Removal Notice Is Not Defamatory
By: Aaron P. Rubin
As we have noted previously , YouTube users sometimes object when the online video giant removes their videos based on terms-of-use violations, such as artificially inflated view counts. In a recent California case, Bartholomew v. YouTube, LLC, the court rejected a user’s claim that
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February 07, 2018 - Class Actions, Data Security, Privacy, Litigation
Amended California Law Expands Requirements for Consumer Subscriptions
By: Anthony M. Ramirez and Julie O'Neill
Companies that offer services, whether online or offline, to consumers on a subscription or other automatic renewal basis should be aware that such offers are heavily regulated at both the federal and state levels. A recent amendment to Section 17602 of California’s Business and
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January 29, 2018 - Blockchain, DMCA, Influencer Marketing, Stored Communications Act, Cybersecurity, Compliance
2017: Our Greatest Hits
By: Aaron P. Rubin
Last year we covered a wide range of online legal and business subjects intended for readers ranging from Internet entrepreneurs to social media marketers, from online shoppers to e-tailers, from networkers to influencers (and the brands that pay them). The topics of our blog
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January 24, 2018 - Artificial Intelligence, Event, Autonomous Vehicles
The Best of the Best of CES 2018
This post is a bit meta. It is about an event that I attended that was about an event that I didn’t attend. Let me explain. I missed the Consumer Electronics Show (CES) this year, but was fortunate to attend the Paley Center for
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January 23, 2018 - Advertising, Endorsement Guides, Electronic Contracts, Influencer Marketing, Marketing, Privacy, Social Media Policy, Event, User-Generated Content, Compliance, Online Endorsements
Social Media 2018: Addressing Corporate Risks
As Socially Aware readers know, social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s legal risks at Practising Law Institute’s (PLI) 2018 Social Media conference, to be held in San
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January 23, 2018 - E-Commerce, European Union, Product Liability
Proceed To Check Out? The Impact Of 2018 European E-Commerce Reforms
By: Alistair Maughan, Kristina Ehle and Sana Ashcroft
The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018. The European Commission has already published two proposed Directives relating to cross-border e-commerce but legislative progress has been slow—a situation that the Commission plans
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January 18, 2018 - Internet of Things, Data Security, Privacy, Cybersecurity, Product Liability, Compliance
Connected Devices Bring New Product Liability Challenges
By: Erin M. Bosman and Julie Y. Park
“My Google Home Mini was inadvertently spying on me 24/7 due to a hardware flaw,” wrote a tech blogger who purchased Google Inc.’s latest internet of things (IoT) device. Following the incident, a pact of consumer advocacy groups insisted the U.S. Consumer Product Safety
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January 12, 2018 - Blockchain, Artificial Intelligence, Disappearing Content, Free Speech
Social Links: Facebook ups its facial recognition game; retracing Twitter’s 2017 missteps; YouTube stars’ fan bases reach their saturation point
By: Aaron P. Rubin
In order to comply with a new German law requiring social media sites to take down hate speech, Twitter and Facebook removed anti-Islamic social media posts authored by a German far-right political party. The Obama administration’s screening of social media accounts of aspiring immigrants
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January 09, 2018 - Copyright, Discovery, Litigation
Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the Losing Anonymous Defendant
By: J. Alexander Lawrence
Following a recent decision from the Sixth Circuit, anonymous bloggers and other Internet users who post third-party copyrighted material without authorization have cause for concern. They may be unable to preserve their anonymity. In Signature Management Team, LLC v. John Doe , the majority
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