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.

May 22, 2017 - Privacy, Stored Communications Act, Litigation
New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight
By: J. Alexander Lawrence
Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New York’s highest court—leaves Facebook users exposed
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May 17, 2017 - Data Security, Privacy
8 Steps to Avoid Being the Victim of the Next Ransomware Attack
By: Nathan D. Taylor
The global WannaCry ransomware attack should be a wake up call for all companies about the threat ransomware poses. While WannaCry was one of the first highly publicized attacks in which ransomware was weaponized and used against numerous companies at once, there will undoubtedly
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May 12, 2017 - Advertising, Artificial Intelligence, Live streaming, Marketing, Copyright, Litigation, Wearable Computers
Social Links: Rules for researching jurors via social media; law enforcement and new technologies; Facebook tool allows copyright owners to claim ad earnings from unauthorized video uploads
By: Aaron P. Rubin
A nice overview of the rules on researching jurors’ social media accounts in various jurisdictions from Law.com. The importance of appearing at the top of Google search results, especially on mobile devices, is driving retailers to spend more and more on the search engine’s
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May 08, 2017 - DMCA, Copyright, Litigation
5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor
By: Aaron P. Rubin
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 service provider (“ISP”). The defendant ISP, T&S Software Associates (“T&S”),
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May 05, 2017 - SEC, Investment Management Law, Social Media Policy, Compliance
FINRA Publishes New Guidance on Social Networking Websites and the Application of Rule 2210
Broker-dealers have been reluctant to fully embrace social media due to regulatory concerns. Although the industry regulator, the Financial Industry Regulatory Authority, Inc. (“FINRA”), has issued regulatory notices relating to the use of social media and the application of FINRA Rule 2210 (Communications with the
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May 03, 2017 - Privacy, Stored Communications Act, Litigation
Court Orders Google to Turn Over Foreign-Stored Data
The U.S. Department of Justice (DOJ) recently secured a notable victory against Google in a dispute over the enforceability of a U.S. search warrant seeking access to foreign-stored account data. The April 19 ruling—from Magistrate Judge Beeler in the U.S. District Court for the
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April 28, 2017 - Advertising, Endorsement Guides, FTC, Terms of Use
Social Links: Social ad spend soars; the FTC’s special message to “influencers”; LinkedIn changes terms of use
By: Aaron P. Rubin
A New York State senator has introduced a bill that would make posting footage of a crime to social media with the intention of glorifying violence or becoming famous punishable by up to four years in prison and fines. Instagram hit the 700-million-user mark.
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April 25, 2017 - Copyright, IP, Litigation
Limiting Statutory Damages in Internet Copyright Cases
By: Paul Goldstein and Joyce Liou
One of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service providers can be held secondarily liable for the infringements of their
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April 25, 2017 - M&A
M&A Leaders Predict a Bullish Year for Tech Deals
By: Aaron P. Rubin
2017 will be an even busier year than 2016 and 2015 for M&A deals in the technology sector, according to more than half of the dealmakers who responded to the semi-annual M&A Leaders Survey conducted by our colleagues at Morrison & Foerster in partnership
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April 20, 2017 - DMCA, European Union, Marketing, Privacy, Copyright, Section 230 Safe Harbor, Mobile, Litigation
Now Available: The April Issue of Our Socially Aware Newsletter
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we examine a Federal Trade Commission report on how companies engaging in cross-device tracking can stay on
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