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 05, 2014 - Online Promotions, Privacy, Event, Employment Law, IP
Social Media 2014: Addressing Corporate Risks
Please join Socially Aware editor John Delaney as he chairs Practising Law Institute’s (PLI) “Social Media 2014: Addressing Corporate Risks.” Issues to be addressed at the conference include: Social media: how it works, and why it is transforming the business world Drafting and updating
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January 29, 2014 - First Amendment, DMCA, Privacy, Copyright
Keeping Privates Private: The Legal Landscape of Revenge Porn
By: Jessica Kaufman and Aaron P. Rubin
Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and connection-through-sharing to levels unparalleled at any point in history.
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January 27, 2014 - Trademark, Litigation, Supreme Court
You May Not Necessarily Be the Master of Your Domain
The ability to associate goods and services with a specific domain name can make or break a business, so much so that companies are still willing to fork over millions to purchase domain names. And although you may consider yourself lucky to have registered
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January 22, 2014 - Employment Law, Litigation
Uncovering a Line in the Sand: Employee Social Media Use and the NLRA
By: Mary Race
If an employee calls his supervisor a “nasty motherf[**]ker” on Facebook, would the employee lose the protection that he would otherwise enjoy under the National Labor Relations Act (NLRA)? Probably not, according to National Labor Relations Board (NRLB) decisions like Pier Sixty LLC. In
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January 13, 2014 - Privacy
Website Operators Await Final Guidance Regarding Compliance With California’s “Do-Not-Track” Disclosure Requirements
By: Julie O'Neill
Even with the publication of draft “best practices” by the California Attorney General (AG), website operators remain uncertain as to their obligations under the new do-not-track disclosure requirements of the state’s Online Privacy Protection Act (“CalOPPA”), which took effect on January 1, 2014. The
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January 13, 2014 - First Amendment, Employment Law, Litigation, Supreme Court
Refining the First Amendment Status of Social Media Activity by Government Employees
By: Aaron P. Rubin
The Supreme Court’s 1968 decision in Pickering v. Board of Education allows governmental employers, including law enforcement agencies, to fire or discipline employees for disrupting operations with excessive complaining, but it prohibits governmental employers from firing or disciplining an employee for speaking out on
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January 07, 2014 - Financial Institutions
FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions
By: Nathan D. Taylor
On December 11, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued final guidance for financial institutions relating to their use of social media (the “Guidance”). With its release, the FFIEC adopts its January 2013 proposed guidance in substantially the same form. ( Socially
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December 30, 2013 - FTC, Online Promotions, Privacy, Litigation, Wearable Computers
Hot Off the Press – New Issue of the Socially Aware Newsletter
The latest issue of our Socially Aware newsletter is now available. In this issue, we explore legal concerns raised by Google Glass; we provide an overview of the growing body of case law addressing ownership of business-related social media accounts; we take a look at
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December 19, 2013 - Terms of Use, Privacy
German Court Finds 25 Provisions in Google’s Online Terms of Use and Privacy Policy to Be Unenforceable
In November 2013, the Berlin District Court ruled that all of the 25 provisions in Google’s online terms of use and privacy policy that had been challenged by the German Federation of Consumer Associations (VZBV) are unenforceable. In reaching its decision, the court found
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December 16, 2013 - FTC, Privacy
FTC Expands Reach on Conspicuousness of Privacy Disclosures in Settlement with Android Flashlight App
An FTC settlement with a mobile app over its privacy disclosures alleged to be deceptive may seem to be run-of-the-mill. After all, the FTC has been settling cases for years with companies whose data collection and use practices are allegedly not consistent with the
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