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 05, 2013 - Infographic, Ethics
New UK Press Self-Regulation – With a Small Blog Exemption
Following concerns raised by bloggers, the UK government has clarified that small blogs will be exempt from the scope of the new UK press watchdog which is to be introduced as a result of the findings of the Leveson Inquiry. In 2007, Clive Goodman,
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June 04, 2013 - FDA Regulations
FDA Letter to Mobile App Developer Signals Regulatory Scheme
By: Erin M. Bosman and Julie Y. Park
In late May 2013, the U.S. Food and Drug Administration (FDA) sent an enforcement letter to a mobile medical app developer for failing to obtain a 510(k) clearance before marketing the app, which the FDA said appears to be a “device” under section 201(h)
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May 29, 2013 - E-Commerce, Litigation
UK: The Latest Social Media Legal Updates
In our May 30, 2012 post on the Socially Aware blog— “Should We All Be Getting the Twitter “Jitters”? Be Careful What You Say Online (Particularly in the United Kingdom)” —we considered a variety of UK laws being used to regulate the content of
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May 21, 2013 - Copyright, Litigation
The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance
Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of New York on copyright claims brought by broadcast television
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May 08, 2013 - Event
Use of Social Media for Issuers, Broker-Dealers and Advisers, and Investment Companies
Readers in the New York area, please join us for a complimentary, in-person event on Tuesday, May 28. Recently, regulators provided some additional guidance regarding the use of social media channels to disseminate issuer information. FINRA and the Commission also have been focused on
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April 29, 2013 - Terms of Use, Arbitration
Administering Arbitration Clauses in Online Terms of Service Agreements
Morrison & Foerster’s Sherman Kahn Interviews American Arbitration Association Vice President, Sandra Partridge Many companies are providing for arbitration of disputes in their terms of service agreements governing use of their websites or other online or mobile services. Arbitration clauses in online terms of
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April 24, 2013 - E-Commerce, Litigation
E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute
On March 28, 2013, the Court of Appeals, New York’s highest court, issued a decision in Overstock.com, Inc. & Amazon.com, LLC, et al ., holding that New York’s “click-through nexus” statute does not violate the Commerce Clause or the Due Process Clause of the U.S.
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April 17, 2013 - Copyright, Litigation
Federal Court Says No to “Used” Digital Music Marketplace
Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a legitimate digital analog to the traditional
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April 16, 2013 - FTC, Privacy
European Privacy Regulator Issues Important Opinion on the Use of Apps
By: Alex van der Wolk
On February 27, 2013, the European Article 29 Working Party (a group comprising representatives from all of the data protection authorities of the EU Member States, referred to in this articles as “WP29”) issued an Opinion on the privacy and data protection implications of
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April 16, 2013 - Litigation
Spoliation of Social Media Evidence: New Jersey Court Cracks Down
A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between the parties regarding access to the
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