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 17, 2021 - European Union, Contracts, Financial Institutions, Compliance
Some Things Never Change… Including, Apparently, T&Cs in Germany
By: Kristina Ehle
With a judgment dated April 27 and published on June 4, 2021, the German Federal Court (Bundesgerichtshof – the “Court”) declared unfair and therefore illegal and unenforceable a common way to make changes to terms and conditions (“T&Cs”) used vis-à-vis consumers in Germany. For
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June 09, 2021 - Litigation
Northern District of California Holds that Section 230 Applies to App Store
By: Aaron P. Rubin
While Section 230 of the Communications Decency Act continues to face significant calls for reform or even elimination , the recent Coffee v. Google case illustrates that Section 230 continues to provide broad protection to online service providers. In Coffee , the Northern District
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June 07, 2021 - European Union
Click Yes to Accept: Fairness and Transparency in Consumer Contracts in Europe
By: Alistair Maughan and Mercedes Samavi
Companies contracting with consumers have to take care to ensure their agreement terms are enforceable. In one of the first post-Brexit decisions on issues in an online consumer contract, a UK court recently showed that principles of fairness and transparency remain vital in the
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June 03, 2021 - Copyright
Mitigating User Content Risk After EU Copyright Directive
By: Christiane Stuetzle
Partner Christiane Stuetzle, senior associate Patricia Ernst, and research assistant Susan Bischoff authored an article for Law360 covering how online content service providers must act to mitigate risks and avoid liability under the European Union’s Copyright Directive, created in an effort to strengthen the rights of
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May 24, 2021 - Artificial Intelligence, European Union
Draft EU Regulation for Artificial Intelligence Proposes Fines of up to 6% of Total Annual Turnover (client alert)
By: Christiane Stuetzle and Patricia C. Ernst
After the presentation of a general “European Approach to Artificial Intelligence” by the EU Commission in March 2021, a detailed draft regulation aimed at safeguarding fundamental EU rights and user safety was published today (“Draft Regulation”). The Draft Regulation’s main provisions are the following:
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May 18, 2021 - Section 230 Safe Harbor, Litigation
Ninth Circuit’s Snap Decision Limits Section 230 Immunity
By: J. Alexander Lawrence
A recent ruling by the Ninth Circuit Court of Appeals in Lemmon v. Snap provides a reminder that while Section 230 of the Communications Decency Act provides broad immunity to the owners and operators of websites and mobile apps, that immunity is not without
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April 12, 2021 - Privacy
Much-Anticipated Supreme Court Ruling Limits the Telephone Consumer Protection Act’s Definition of an Autodialer
By: Julie O'Neill
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid , impacting many pending Telephone Consumer Protection Act (TCPA) cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior
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March 29, 2021 - Privacy
Who Do You Know? Contacts Access and Data Privacy Issues in Burgeoning Social Media Apps.
By: Julie O'Neill
We’ve all been there: How many times have we downloaded a new social media app, only to have one of the sign-up steps ask for access to our contacts or address book? While on the surface the request seems innocent enough – the whole
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January 20, 2021 - Contracts, Terms of Use
Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use
By: Aaron P. Rubin
In Stover v. Experian Holdings , the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online contract containing a change-of-terms provision—is not
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January 06, 2021 - Endorsement Guides, Antitrust, UK, Section 230 Safe Harbor
Social Links: Internet law under Biden; new tech-laws around the world; the UK’s Endorsement Guides
By: Anthony M. Ramirez
Experts anticipate that the incoming Biden administration will be tough on tech. What does that mean for the future of §230 of the Communications Decency Act? The antitrust suit against Google? This NPR piece makes some predictions. Human rights activists are outraged over a
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