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.

June 29, 2023 - Artificial Intelligence, Ethics
In the Crosshairs: The Legal Industry Grapples with the Application and Ethics of AI
By: Aaron P. Rubin, Anthony M. Ramirez and Julie O'Neill
In May 2023, Steven Schwartz of Levidow, Levidow & Oberman admitted that he used a generative AI (GAI) platform to produce six non-existent court decisions as citations during his representation in a personal injury case against Avianca Airlines. He has since issued regrets and
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June 29, 2023 - Digital Content, Social Media Policy, Influencer Marketing, Online Promotions
Social Links: Social Media Account Ownership Once Again in the Spotlight
By: Aaron P. Rubin, Anthony M. Ramirez and Julie O'Neill
Social media continues to dominate the headlines this spring, with several high-profile events capturing the media’s, regulators’, and lawmakers’ attention. Jack Owoc, founder and former CEO of Bang Energy (“Bang,” a performance energy beverage), claimed that he retained the rights to control Bang’s social
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April 26, 2023 - Artificial Intelligence, Data Security
Key Issues in Generative AI Transactions
By: Aaron P. Rubin
Over the past year, we have seen a dramatic increase in the adoption of AI technologies across industries. Because transactions involving AI technologies can resemble those involving traditional software, like SaaS agreements, parties often assume that their expectations from those standard agreements about what
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April 03, 2023 - Section 230 Safe Harbor, Privacy, Marketing, Online Promotions
Social Links: Section 230 Under Scrutiny (Again) From Lawmakers
By: Aaron P. Rubin, Julie O'Neill and Anthony M. Ramirez
Section 23o, the “ 26 words that changed the Internet ,” is once again under scrutiny from lawmakers. At the federal level, Republicans and Democrats on the Senate Judiciary panel’s subcommittee on privacy, technology, and the law found common ground in their calls to
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March 03, 2023 - Artificial Intelligence, Copyright
Copyright Office Denies Claim to Copyright in Generative AI Images
By: Joseph C. Gratz
The U.S. Copyright Office has denied an attempt to register copyright in images created using the Midjourney generative AI tool. The reasoning of its decision sharply limits the potential paths to receiving copyright in images created using generative AI tools, even where that output
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February 27, 2023 - IP, Section 230 Safe Harbor
Court Holds That Section 230’s Carve Out for “intellectual Property” Does Not Apply to Publicity Rights Claim in New York
By: Aaron P. Rubin and J. Alexander Lawrence
Section 230 of the Communications and Decency Act provides broad immunity to online platforms for claims arising from hosting third-party content (though just how broad is a hot issue that the Supreme Court may decide this term in Gonzalez v. Google LLC ). But
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February 15, 2023 - Data Security, Privacy
Fourth Circuit Addresses Whether the CDA Bars Fair Credit Reporting Act Claims Against Online Background Report Site
By: J. Alexander Lawrence, Aaron P. Rubin and Dillon Kraus
Websites offering online background reports have proliferated on the Internet. Consumers asserting claims against such sites under the Fair Credit Reporting Act (FCRA) have faced hurdles under Section 230(c)(1) of the Communications Decency Act (CDA). Operators of the sites argue that they are online service providers
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February 15, 2023 - Copyright, Artificial Intelligence
Are Outputs of Ai Models Copyrightable?
By: Evangeline Phang, Tessa Schwartz and Aaron P. Rubin
Heather Whitney, Evangeline Phang, Tessa Schwartz, and Aaron Rubin authored an article for Law360 covering whether the outputs of generative artificial intelligence tools are copyrightable. Read the full article.
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November 21, 2022 - Section 230 Safe Harbor, Supreme Court
Supreme Court to Address Section 230 for First Time
By: Aaron P. Rubin, J. Alexander Lawrence and Dillon Kraus
On October 3, 2022, the United States Supreme Court granted certiorari in Gonzalez v. Google LLC , No.1-1333 , to address the scope of Section 230 of the Communications Decency Act. The Court will consider whether Section 230(c)(1) immunizes website operators and other online
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November 21, 2022 - Section 230 Safe Harbor, Supreme Court
Ninth Circuit Interprets FOSTA Restriction on Section 230 Narrowly
On October 24, 2022, the Ninth Circuit ruled that Section 230 of the Communications Decency Act shielded Reddit Inc. from liability under the Trafficking Victims Protection Reauthorization Act (TVPA). The court considered the text of a 2018 amendment to Section 230, known as the
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Welcome to Socially Aware

In the Crosshairs: The Legal Industry Grapples with the Application and Ethics of AI

By: Aaron P. Rubin, Anthony M. Ramirez and Julie O'Neill

Social Links: Social Media Account Ownership Once Again in the Spotlight

By: Aaron P. Rubin, Anthony M. Ramirez and Julie O'Neill

Key Issues in Generative AI Transactions

By: Aaron P. Rubin

Social Links: Section 230 Under Scrutiny (Again) From Lawmakers

By: Aaron P. Rubin, Julie O'Neill and Anthony M. Ramirez

Copyright Office Denies Claim to Copyright in Generative AI Images

By: Joseph C. Gratz

Court Holds That Section 230’s Carve Out for “intellectual Property” Does Not Apply to Publicity Rights Claim in New York

By: Aaron P. Rubin and J. Alexander Lawrence

Fourth Circuit Addresses Whether the CDA Bars Fair Credit Reporting Act Claims Against Online Background Report Site

By: J. Alexander Lawrence, Aaron P. Rubin and Dillon Kraus

Are Outputs of Ai Models Copyrightable?

By: Evangeline Phang, Tessa Schwartz and Aaron P. Rubin

Supreme Court to Address Section 230 for First Time

By: Aaron P. Rubin, J. Alexander Lawrence and Dillon Kraus

Ninth Circuit Interprets FOSTA Restriction on Section 230 Narrowly