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.

September 26, 2016 - Internet of Things, Data Security, Cyberbullying, Marketing, Privacy, Online Reviews, Litigation
Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience
By: Aaron P. Rubin
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 related to user-generated content. Images, videos and
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September 26, 2016 - Data Security, Hacking
5 Questions to Help Prepare for a Ransomware Attack
By: Nathan D. Taylor
The news has been filled this year with reports of ransomware attacks against companies and government agencies, including even law enforcement. Ransomware refers to a type of malware that encrypts or otherwise restricts access to a machine or device. As part of the attack, the attacker
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September 23, 2016 - Data Security, Privacy, Hacking, Litigation
Cybercrime and Victim Shaming
By: Aaron P. Rubin
Our Morrison & Foerster colleague and Socially Aware contributor Miriam Wugmeister has published a thought provoking and insightful op-ed piece in The Hill on how companies that are the targets of cyberattacks are too often treated as suspects, rather than victims, by regulators. In her op-ed,
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September 20, 2016 - Advertising, First Amendment, European Union, Live streaming, Cyberbullying, Marketing, Privacy, Litigation
Social Links: Instagram’s “offensive comment” filter; Twitter’s TV app; YouTube’s “Community” feature
By: Aaron P. Rubin
Instagram now allows users to hide offensive comments posted to their feeds. Take that trolls! Soon you’ll be able to watch Twitter content like NFL Thursday Night Football on a Twitter app on Apple TV, Xbox One and Amazon Fire TV. “Ballot selfie” laws—laws
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September 19, 2016 - Advertising
Interest-Based Advertising Disclosure Requirements Become More Clear—and Potentially More Burdensome
By: Julie O'Neill
Recent enforcement decisions within the digital advertising industry indicate a shift in—and a clarification of—the required disclosures for companies engaged in interest-based advertising (IBA). In particular, these decisions, taken together, indicate that an app developer’s link to its privacy policy at the point of
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September 09, 2016 - Advertising, Cyberbullying, Marketing, Privacy, Free Speech
Social Links: Snapchat ad revenue grows; the UK’s revenge porn problem; laws that enable control of digital assets after death
By: Aaron P. Rubin
Snapchat is on track to rake in an enormous amount of ad revenue by 2017. Also, there’s mounting evidence that the company is working toward developing a Google Glass-like product. We have written previously about the scourge of revenge porn; it turns out the
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September 08, 2016 - Mobile, Litigation
App Developer Not Liable Under TCPA For User-Initiated Texts
A recent decision out of the Northern District of California brings good news for developers of mobile apps that incorporate text messaging functions. Those functions may create the risk of claims under the Telephone Consumer Protection Act, which generally prohibits the delivery of a
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September 02, 2016 - Advertising, First Amendment, Marketing, Free Speech, Mobile
Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media investor shares his strategy
By: Aaron P. Rubin
Instagram now allows users to zoom in on photos in their feeds and at least 11 brands are already capitalizing on the new feature. Pinterest acquired Instapaper , a tool that allows you to cache webpages for reading at a later time. A social-media
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August 31, 2016 - Electronic Contracts
Court Upholds Enforceability of “Clickwrap” Employee Agreement
By: Aaron P. Rubin
As we have previously discussed , if you want your electronic contracts to be enforceable, it is a best practice to require the counterparty to affirmatively accept the contract by checking a box or clicking a button. A recent New Jersey district court decision,
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August 26, 2016 - Advertising, Endorsement Guides, FTC, Marketing, Privacy, Labor Law, Employment Law, Free Speech, Mobile, Litigation
Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group questions Kardashians’ social media posts
By: Aaron P. Rubin
Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them. The National Labor Relations Board decided a social media policy that Chipotle had in place for its employees violates federal labor law. A group of
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Welcome to Socially Aware

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

By: Aaron P. Rubin

5 Questions to Help Prepare for a Ransomware Attack

By: Nathan D. Taylor

Cybercrime and Victim Shaming

By: Aaron P. Rubin

Social Links: Instagram’s “offensive comment” filter; Twitter’s TV app; YouTube’s “Community” feature

By: Aaron P. Rubin

Interest-Based Advertising Disclosure Requirements Become More Clear—and Potentially More Burdensome

By: Julie O'Neill

Social Links: Snapchat ad revenue grows; the UK’s revenge porn problem; laws that enable control of digital assets after death

By: Aaron P. Rubin

App Developer Not Liable Under TCPA For User-Initiated Texts

Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media investor shares his strategy

By: Aaron P. Rubin

Court Upholds Enforceability of “Clickwrap” Employee Agreement

By: Aaron P. Rubin

Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group questions Kardashians’ social media posts

By: Aaron P. Rubin