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.

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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February 20, 2016 - Event
Social Media 2016: Addressing Corporate Risks
In case you missed Socially Aware ’s and Practising Law Institute’s recent Social Media conference in San Francisco, we will be hosting the conference in New York City this Wednesday, February 24 th. The NYC conference will be chaired by Socially Aware co-editor John
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February 03, 2016 - E-Commerce, Data Security, Privacy, Statistics
Consumer Privacy Survey Results
By: Aaron P. Rubin
As Socially Aware readers know, privacy presents real business risks that have the potential to negatively impact a company’s bottom line, from the legal fees associated with a data breach to revenue declines stemming from a loss of consumer trust. Late last year, Socially
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February 02, 2016 - Internet of Things, IP
The Internet of Things: Interoperability, Industry Standards & Related IP Licensing Approaches
The financial impact of the Internet of Things on the global economy will be significantly affected by interoperability. A 2015 McKinsey Global Institute report indicated that, “[on] average, interoperability is necessary to create 40 percent of the potential value that can be generated by
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January 27, 2016 - Terms of Use
Launching a Mobile App in Europe? Seven Things to Consider When Drafting the Terms & Conditions
[Editor’s Note: In response to the success of our earlier post on terms and conditions for mobile apps, two of our London-based colleagues have prepared a “remixed” version, which looks at the subject of mobile app terms and conditions from a European perspective. Enjoy!]
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January 14, 2016 - Digital Content, E-Commerce, European Union, Terms of Use, Cloud Computing
Harmonizing B2C Online Sales of Goods and Digital Content in Europe
By: Alistair Maughan
The European Commission has announced new draft laws that would give consumers new remedies where digital content supplied online is defective or not as described by the seller. On Dec. 9, 2015, the European Commission proposed two new directives on the supply of digital content
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January 14, 2016 - Digital Content, DMCA, Copyright, IP, Litigation
New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content
By: Anthony M. Ramirez
In this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation of revolutionary new business models? Section 512(c)
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January 13, 2016 - FTC, Data Security, Privacy, Big Data, Compliance
Big Data, Big Challenges: FTC Report Warns of Potential Discriminatory Effects of Big Data
By: Mary Race and Julie O'Neill
In a new report , the Federal Trade Commission (FTC) declines to call for new laws but makes clear that it will continue to use its existing tools it to aggressively police unfair, deceptive—or otherwise illegal—uses of big data. Businesses that conduct big data analytics,
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January 11, 2016 - E-Discovery, Discovery, Litigation
Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?
By: J. Alexander Lawrence
While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social media discovery, at least one judge has identified—and railed against—emerging
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January 11, 2016 - News and Announcements
2015: Our Greatest Hits
By: Aaron P. Rubin
Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations , bankruptcy creditors’ access to business’ Facebook and Twitter accounts , and the constitutionality of laws punishing the posters of revenge porn and
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