FTC Issues Guidance for Mobile App Privacy and Advertising; Signals More Enforcement Coming
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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.
- On September 5, 2012, the Federal Trade Commission (FTC) published a brief guide to assist developers of mobile applications, both large and small, in complying with truth-in-advertising, privacy, and data security principles. In publishing this advice, the FTC makes clear that its Section 5... ›
G2G, Yo Quiero TB: Taco Bell Found Not Liable for Franchisee Text Message Campaign
By: Jessica Kaufman
Plaintiffs’ attorneys seeking to cash in on grande class action lawsuits against companies that launch text message advertising campaigns suffered a setback in June as the U.S. District Court in the Southern District of California granted Taco Bell summary judgment in a lawsuit for... ›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... ›- - 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... › - - 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... › 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... ›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... ›- - 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... › 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”),... ›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... ›