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.

April 15, 2016 - First Amendment, Marketing, Big Data, Litigation
Social Links: A social media marketing fail; Facebook and prisoners, jurors, older people
By: Aaron P. Rubin
We’re trying something new here at Socially Aware : In addition to our usual social-media and tech-law analyses and updates, we’re going to end each work week with a list of links to interesting social media stories around the Web, primarily things that caught
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April 14, 2016 - Internet of Things, IP
The Internet of Things: Interoperability, Industry Standards & Related IP Licensing Approaches (Part 2)
In an article published here in January we addressed some of the more significant Internet of Things (IoT) -specific standards and initiatives and emphasized the importance of interoperability as central to the growth and success of the products and services that leverage the IoT. In
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March 30, 2016 - Digital Content, E-Commerce, Data Security, Privacy
Digital Single Market Strategy Update: Europe Proposes Further Harmonisation of Consumer Protection Laws
By: Kristina Ehle
The European Commission has published two draft directives on the supply of digital content and the online sale of goods that aim to help harmonise consumer law across Europe. In proposing these new laws, the European Union is making progress towards one of the
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March 22, 2016 - Digital Content, DMCA, Terms of Use, Marketing, Section 230 Safe Harbor, IP, Litigation
How to Protect Your Company’s Social Media Currency
By: Aaron P. Rubin
Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it , is becoming increasingly important and companies are investing heavily in building their social media fan bases. In some cases,
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March 17, 2016 - Data Security, Privacy, Product Liability
HIPAA and Health Care Apps: Is Your App Covered?
By: Erin M. Bosman and Julie Y. Park
Health care apps are one of the most important and growing segments in the ecosystem known as the Internet of Things (IoT). After the recent amendments to the Health Insurance Portability and Accountability Act (HIPAA) that—among other things—broadened the definition of a “Business Associate,”
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March 14, 2016 - Labor Law, Employment Law
A Negative Review May Be Protected Activity Under U.S. Employment Law
By: Mary Race
Yelp, Inc. is more accustomed to being on the giving—rather than the receiving—end of a negative review. That changed recently when a Yelp customer service employee, Talia Ben-Ora, posted an open letter to Yelp’s CEO on her blog, lamenting her daily struggle to survive
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March 09, 2016 - European Union, Data Security, Privacy, Big Data
Privacy Shield vs. Safe Harbor: A Different Name for an Improved Agreement?
The European Commission (the “Commission”) and the U.S. Department of Commerce issued the draft legal texts for the much anticipated EU-U.S. Privacy Shield (the “Shield”), set to replace the currently inoperative Safe Harbor program (“Safe Harbor”). The new agreement is aimed at restoring the
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March 08, 2016 - Event
Join us at SXSW Interactive 2016!
Socially Aware editors John Delaney and Aaron Rubin will be in Austin, Texas, for SXSW Interactive from March 11 th to March 15 th. They plan to “live tweet” a number of the presentations via our @MoFoSocMedia Twitter account. If you will be in Austin
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March 06, 2016 - Data Security, Privacy, Employment Law
Employer Surveillance of Internet and Email Use in the Workplace in Germany
Is an employer allowed to access an employee’s email account when the employee is on sick leave? To what extent is control permissible when an employee is suspected of illegal activities, e.g., of leaking trade secrets? In Germany, these questions are at the crossroads of
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February 22, 2016 - E-Commerce, Terms of Use
Clickwrap, Browsewrap and Mixed Media Contracts: A Few Words Can Go a Long Way
By: J. Alexander Lawrence
Courts have generally categorized online agreements into two types: “clickwrap” agreements and “browsewrap” agreements. Clickwrap agreements—which require a user to check a box or click an icon to signify agreement with the terms—are usually enforceable under U.S. law, even where the terms appear in
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