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.

August 30, 2012 - DMCA, Copyright, Litigation
Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit
Over the past year, a number of courts across the country have decided cases involving contributory infringement and the application of the Digital Millennium Copyright Act’s § 512(c) safe harbor in the social media context. Unfortunately for those who favor a uniform approach to the
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August 29, 2012 - SEC
SEC Releases Proposed Rules Relaxing Ban on General Solicitation
Following this morning’s meeting, the Commission has published its proposed rules. Summary The SEC published its guidance today as a proposed rule, with a comment period, and not as an interim final rule. The SEC proposes to amend Rule 506 to provide that the
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August 29, 2012 - SEC
SEC Proposes Rules to Relax the Ban on General Solicitation: First Take
At a meeting this morning, the SEC voted to propose rules relaxing the ban on general solicitation for certain offerings conducted pursuant to Rule 506 and resales under Rule 144A. In a meeting that lasted approximately 45 minutes, the Staff outlined the principal aspects
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August 15, 2012 - DMCA, Copyright, IP, Litigation
The Potential Perils of Posting Pictures (on Social Media)
In today’s information economy, content owners are faced with a challenging decision regarding digital content. On the one hand, the viral nature of social media can mean unprecedented exposure as digital content is shared. On the other, that opportunity can come with significant legal
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August 14, 2012 - Privacy, Employment Law, Litigation
Update: What’s Not to Like?
As we reported earlier this year, the Federal District Court for the Eastern District of Virginia held in Bland v. Roberts that merely “liking” a Facebook page is insufficient speech to merit constitutional protection. In the case, former employees of the Hampton Sheriff’s Office
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August 10, 2012 - FTC, Litigation
The FTC’s Spokeo Settlement Highlights Social Media-Related Legal Risks
By: Julie O'Neill
The Federal Trade Commission (FTC) recently reached an $800,000 settlement with the data broker Spokeo, Inc. (“Spokeo”). The FTC’s complaint alleged violations not normally seen together: First, that Spokeo distributed personal information for background checks by employers in ways that failed to comply with
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August 03, 2012 - FTC, Privacy
More Change Coming: The FTC Proposes Further Significant Changes to Its COPPA Rule
By: Julie O'Neill
The Children’s Online Privacy Protection Act of 1998 (“COPPA”), which became effective in April 2000, has long served as the primary regulatory tool of the Federal Trade Commission (the “FTC”) to police online privacy issues concerning children under 13. The COPPA Rule (the “Rule”),
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July 26, 2012 - Employment Law
The NLRB Weighs In (Again) On Social Media Policies
With the issuance of its third guidance document on workplace social media policies in the past year, the National Labor Relations Board (NLRB) continues to refine its position on how to craft workplace social media policies that are consistent with the terms of the
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July 23, 2012 - Terms of Use, Privacy, Litigation
We’ve Come for Your Tweets: Twitter to Appeal Denial of Its Motion to Quash District Attorney’s Subpoena
By: J. Alexander Lawrence
As the Occupy Wall Street protests fade from memory, a related discovery battle between Twitter and the New York County District Attorney rages on. Earlier this year, we discussed the District Attorney’s efforts to subpoena user information and tweets of criminal defendant Malcolm Harris,
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July 23, 2012 - Privacy
California Attorney General Creates Privacy Enforcement and Protection Unit; Increased Enforcement Likely
On July 19th, California Attorney General Kamala D. Harris announced the formation of a new Privacy Enforcement and Protection Unit within the state’s Department of Justice. The move is widely seen as a means of stepping up the state’s enforcement activities involving privacy issues.
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Welcome to Socially Aware

Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit

SEC Releases Proposed Rules Relaxing Ban on General Solicitation

SEC Proposes Rules to Relax the Ban on General Solicitation: First Take

The Potential Perils of Posting Pictures (on Social Media)

Update: What’s Not to Like?

The FTC’s Spokeo Settlement Highlights Social Media-Related Legal Risks

By: Julie O'Neill

More Change Coming: The FTC Proposes Further Significant Changes to Its COPPA Rule

By: Julie O'Neill

The NLRB Weighs In (Again) On Social Media Policies

We’ve Come for Your Tweets: Twitter to Appeal Denial of Its Motion to Quash District Attorney’s Subpoena

By: J. Alexander Lawrence

California Attorney General Creates Privacy Enforcement and Protection Unit; Increased Enforcement Likely