Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

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Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

Aaron P. Rubin

Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

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Lawrence Gallick

Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

Anthony M. Ramirez

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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.

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Lawrence W. Gallick

2024 Recap: Ten Lords A-Leaping!

Social Links: If the Suit Fits

Social Links: Age Verification, X Appeal, and the Great White North

Social Links: Fake Reviews, Real Rulings, and an Epic Fail

Lawrence W. Gallick on Toth v. Everly Well, Inc.

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Without Google’s permission, Burger King ended one of its television commercials with a statement designed to automatically cause Google Assistant devices to read a list of the Whopper’s ingredients out loud.Having passed the 1.2-billion-user mark, Facebook Messenger is now twice as popular as Instagram.A lawsuit alleges Anheuser-Busch and one of its distributors impermissibly used a photo from a woman’s Facebook page in promotional materials for the brewer’s Natural Light beer. We addressed some of the legal risks in seeking to commercialize user-generated content in a Socially Aware blog post last year that can be found here.And while on the topic of copyright law and social media, a much smaller California business is being sued in federal court by one of its competitors, Founder’s Creek Media, for allegedly copying a copyrighted promotional product video from a Founder’s Creek page on Facebook and using the video as an advertisement for its own, similar product.Germany may fine social media companies up to 50 million euros ($53 million) if they fail to remove posts that contain hate speech.A court in Egypt sentenced a lawyer who has represented torture victims to ten years in prison for criticizing that country’s government on social media.Using the data it aggregates about its users’ whereabouts, Snapchat introduced a new feature that allows marketers to determine whether the Snapchat users who view ad campaigns on the messaging app actually wind up visiting the advertisers’ retail locations and venues (in other words, whether their Snapchat ad campaigns are actually working).Unbeknownst to most of its users, Twitter rolled out a “dislike” button months ago—but the consequences of using it aren’t clear.A Business Insider article identifies ten things prospective employers and recruiters should be able to tell about you immediately upon viewing your LinkedIn profile.An eight-year-old in Ohio took his four-year-old sister for a ride to McDonald’s in his family’s van, apparently after watching driving instruction videos on YouTube.

Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.

Aaron Rubin

Social Links: Burger King ad triggers Google Assistant devices; suits allege infringement of copyrights in content posted to social media; Twitter’s hidden “dislike” button

Without Google’s permission, Burger King ended one of its television commercials with a statement designed to automatically cause Google Assistant devices to re

Social Links: Burger King ad triggers Google Assistant devices; suits allege infringement of copyrights in content posted to social media; Twitter’s hidden “dislike” button

A New Jersey court <a href="http://www.nj.com/politics/index.ssf/2017/02/twitter_posts_not_subject_to_wiretap_law_nj_court.html" target="_blank" rel="noopener">rules</a> that state police can examine a suspect’s private social media messages without having to apply for an order under the state’s wiretapping laws.Technology companies are exercising a lot of <a href="http://venturebeat.com/2017/02/10/remote-control-how-tech-companies-blur-lines-over-who-owns-your-devices/" target="_blank" rel="noopener">control ever over users’ devices</a> remotely, and it’s implicating privacy issues.Social media companies are reportedly considering putting up on their platforms police icons that will <a href="http://www.dailymail.co.uk/news/article-4198810/Cyber-bullies-tackled-cyber-cops.html#ixzz4YJ0S6gq9" target="_blank" rel="noopener">allow police officers in the UK to access the chats</a> of users who click the icons when they feel threatened.With the help of <a href="https://www.washingtonpost.com/business/economy/as-a-conservative-twitter-user-sleeps-his-account-is-hard-at-work/2017/02/05/18d5a532-df31-11e6-918c-99ede3c8cafa_story.html?utm_term=.e1a06cff6aff" target="_blank" rel="noopener">bots and cyborgs</a>, a 68-year-old Chicago retiree posts more than 1,000 pro-Republican messages to Twitter a day.Interested in a good, basic—but comprehensive—overview of blockchain and its potential impact that can be read in one sitting? <a href="http://www.pcmag.com/article/351486/blockchain-the-invisible-technology-thats-changing-the-wor">Here it is</a>.Here are some tips on how brands can use <a href="http://venturebeat.com/2017/02/07/what-social-artificial-intelligence-means-for-marketers/" target="_blank" rel="noopener">social artificial intelligence</a> to their advantage.Weary of all the political posts in your newsfeed? Try <a href="http://www.gottabemobile.com/how-to-stop-political-posts-facebook-election-2016/" target="_blank" rel="noopener">this app</a>.<a href="http://www.cnn.com/2017/02/02/entertainment/beyonce-instagram/?iid=ob_homepage_deskrecommended_pool" target="_blank" rel="noopener">Guess which celebrity</a>  posted the first Instagram photo to win more than 7.2 million likes in less than 24 hours?A <a href="http://money.cnn.com/2017/02/01/technology/google-boston-dynamics-handle/index.html" target="_blank" rel="noopener">robot developed by Google</a> could be representative of how robots “look and operate in the future.” It’s also a little creepy.

Social Links: NJ court allows police to read suspects’ private messages; tech companies’ increased control over users’ devices; an app that blocks political posts

A New Jersey court rules that state police can examine a suspect’s private social media messages without having to apply for an order under the state’s wiretapp

Social Links: NJ court allows police to read suspects’ private messages; tech companies’ increased control over users’ devices; an app that blocks political posts

Some industry observers are asking whether the post-inauguration tweets that President Trump is sending from his personal Twitter account may be subject to the same <a href="http://www.nydailynews.com/news/politics/trump-deleted-tweets-violate-presidential-records-act-article-1.2952416" target="_blank" rel="noopener">Presidential Records Act standards</a> as official presidential communications.Spending on mobile ads is expected to reach <a href="http://www.mediapost.com/publications/article/293624/forecast-us-mobile-ad-spend-will-more-than-doub.html" target="_blank" rel="noopener">how much</a> by 2021?!Google recently <a href="http://www.digitaltrends.com/web/google-adsense-bad-ad-tabloid-cloakers/?utm_source=dlvr.it&utm_medium=twitter" target="_blank" rel="noopener">banned 200 publishers from its AdSense network</a> for either publishing fake news or impersonating real news organizations by using shortened top-level domains such as .co instead of .com.Perhaps due in part to the fake news phenomenon, <a href="http://www.businessinsider.com/facebook-fake-news-reader-trust-survey-chart-2017-1" target="_blank" rel="noopener">most Americans do not trust the news that they read on social media platforms, according to a recent study</a>.In an effort to keep users on the site, <a href="http://www.socialmediatoday.com/social-networks/youtube-testing-new-app-chat-function-boost-social-activity" target="_blank" rel="noopener">YouTube is testing an in-app messaging platform</a> that allows users to chat about and comment on YouTube content.Interested in how your brand can best respond to the complaints dissatisfied customers lodge on Twitter? Take a cue from <a href="https://www.linkedin.com/pulse/how-dippin-dots-turned-frosty-crisis-press-secretary-sean-shama-hyder?trk=hp-feed-article-title-channel-add" target="_blank" rel="noopener">Dippin’ Dots’ savvy response</a> to the new White House Press Secretary’s multiple disses of the company’s product.An artificially intelligent algorithm that can easily be adapted for smartphones might <a href="http://newatlas.com/ai-skin-doctor/47584/?utm_source=dlvr.it&utm_medium=twitter" target="_blank" rel="noopener">detect skin cancer moles</a> as effectively as a dermatologist.A recent study <a href="https://qz.com/890943/the-us-has-more-immigrant-inventors-than-every-other-country-combined/" target="_blank" rel="noopener">reveals that the United States has more immigrant inventors than every other country combined</a>.Google just made it possible to <a href="http://venturebeat.com/2017/01/26/google-translate-now-lets-you-convert-from-japanese-to-english-by-hovering-your-phone-over-text/" target="_blank" rel="noopener">view an instantaneous Japanese-to-English translation</a> by holding your smartphone in front of the relevant text.<a href="http://www.philly.com/philly/blogs/real-time/How-to-burst-your-news-bubble.html" target="_blank" rel="noopener">These tools</a> can help you to take a look beyond your personal social media bubble and understand how the other half thinks.

Social Links: Trump’s tweets & the Presidential Records Act; Google’s fake-news raid; tools to burst your social bubble

Some industry observers are asking whether the post-inauguration tweets that President Trump is sending from his personal Twitter account may be subject to the 

Social Links: Trump’s tweets & the Presidential Records Act; Google’s fake-news raid; tools to burst your social bubble

The latest issue of our Socially Aware newsletter is now available <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt5dbd95633a7b6adb/62730e307198441d81b3a28f/161107-socially-aware.pdf" target="_blank" rel="noopener">here</a>.In this edition, we provide five tips for reducing potential liability exposure in seeking to exploit user-generated content; we examine a Ninth Circuit decision highlighting the control that social media platform operators have over the content and data that users post to those platforms; we discuss five questions that companies should ask themselves to help prepare for a ransomware attack; we explore a controversial California court decision that narrows an important liability safe harbor for website operators; we review a federal court decision that illustrates the importance of securing clear and affirmative assent to electronic contracts; we take a look at some recent enforcement actions that indicate a shift toward requiring clearer and potentially more burdensome disclosures from companies engaged in interest-based advertising; and  we examine a recent Northern District of California decision holding that a mobile app developer was not be liable under the Telephone Consumer Protection Act for a text initiated by one of the app’s users.All this—plus an infographic illustrating the impact of incorporating user-generated content in marketing campaigns.Read our <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt5dbd95633a7b6adb/62730e307198441d81b3a28f/161107-socially-aware.pdf" target="_blank" rel="noopener">newsletter.</a>

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Now Available: The November Issue of Our Socially Aware Newsletter

Now Available: The November Issue of Our Socially Aware Newsletter

The latest issue of our Socially Aware newsletter is now available here. In this edition, we provide five tips for reducing potential liability exposure in seek

<a href="http://www.businessinsider.com/instagram-lets-you-hide-inappropriate-comments-2016-9" target="_blank" rel="noopener">Instagram now allows users to hide offensive comments</a> posted to their feeds. Take that trolls!Soon you’ll be able to watch Twitter content like NFL Thursday Night Football on <a href="https://techcrunch.com/2016/09/14/twitter-launches-on-apple-tv-fire-tv-and-xbox-one/" target="_blank" rel="noopener">a Twitter app on Apple TV, Xbox One and Amazon Fire TV</a>.“Ballot selfie” laws—laws that prohibit posting online photos of completed election ballots—are being challenged in Michigan and <a href="https://www.bostonglobe.com/news/politics/2016/09/13/federal-court-hears-challenge-ballot-selfie-law/IvfIzaZLriQS5DQVGzSJeN/story.html" target="_blank" rel="noopener">New Hampshire</a>.Google may be <a href="http://www.independent.co.uk/life-style/gadgets-and-tech/news/google-voice-search-records-stores-conversation-people-have-around-their-phones-but-files-can-be-a7059376.html" target="_blank" rel="noopener">recording you regularly</a>.YouTube content creators can now <a href="http://www.androidauthority.com/youtube-community-beta-launches-716334/" target="_blank" rel="noopener">communicate with their followers in real time</a>.AdBlock Plus has launched <a href="http://www.theverge.com/platform/amp/2016/9/13/12890050/adblock-plus-now-sells-ads" target="_blank" rel="noopener">a service that allows website operators to display “acceptable” ads</a> to visitors using the popular ad blocking software. Irony, anyone?The EU might soon require the same things of chat apps like Skype that it <a href="http://www.wsj.com/articles/eu-to-get-tough-on-chat-apps-in-win-for-telecoms-1473607662" target="_blank" rel="noopener">requires of telecom businesses</a>.A controversial proposal aims to give the EU’s 500 million consumers <a href="http://www.nytimes.com/2016/09/15/business/international/eu-tv-online-streaming-bbc-netflix.html?emc=edit_tu_20160915&nl=bits&nlid=69264395&te=1" target="_blank" rel="noopener">more digital streaming content choices</a>.An Austrian teen whose parents overshared on social media <a href="http://www.dailydot.com/irl/facebook-photo-lawsuit-austria/" target="_blank" rel="noopener">looks to the law for recourse</a>.Baltimore County officials warned government employees to watch what they say on social media.With so many alternative content providers around these days, <a href="http://www.nytimes.com/2016/07/15/technology/television-the-social-medium.html?emc=edit_tu_20160915&nl=bits&nlid=69264395&te=1&_r=1" target="_blank" rel="noopener">why do we still watch so much TV</a>?Here’s a list of 50 Snapchat marketing influencers who Mashable says are worth following.

Social Links: Instagram’s “offensive comment” filter; Twitter’s TV app; YouTube’s “Community” feature

Instagram now allows users to hide offensive comments posted to their feeds. Take that trolls! Soon you’ll be able to watch Twitter content like NFL Thursday Ni

Social Links: Instagram’s “offensive comment” filter; Twitter’s TV app; YouTube’s “Community” feature

Recent enforcement decisions within the digital advertising industry indicate a shift in—and a clarification of—the required disclosures for companies engaged in interest-based advertising (IBA).In particular, these decisions, taken together, indicate that an app developer’s link to its privacy policy at the point of app download may be deemed insufficient, unless the link points directly to the IBA disclosure section of the policy, or there is a clear link at the top of the policy that directs the user to that section.Further, these decisions suggest that companies that comply with the digital advertising industry’s IBA self-regulatory principles should expressly affirm such compliance in their privacy policies.BackgroundSome quick background: IBA is the collection of information about users’ online activities across different websites or mobile applications, over time, for the purpose of delivering online advertising to those users based on those activities. Although IBA is an important part of the online eco-system, if not done right, it can raise privacy concerns among consumers, who may feel that they are being spied upon by advertisers.The Digital Advertising Alliance (DAA) has worked to ensure that IBA is done right. The DAA is a consortium of media and marketing associations that, in an effort to ward off legislation, has designed and implemented a <a href="http://www.aboutads.info/resource/download/seven-principles-07-01-09.pdf" target="_blank" rel="noopener">self-regulatory compliance regime</a> that seeks to address the Federal Trade Commission’s (FTC) IBA notice and choice expectations. The principles underlying this compliance regime are set out in the DAA’s <a href="http://digitaladvertisingalliance.org/principles" target="_blank" rel="noopener">Self-Regulatory Principles </a>(“DAA Principles”). The DAA enforces these principles through the IBA accountability program, run by the Council of Better Business Bureaus and the Direct Marketing Association.The DAA self-regulatory program is, at its heart, a notice-and-choice regime. In short, to facilitate such notice and choice, the DAA provides an advertising option icon to be placed in or near an online interest-based ad. By clicking on the icon, a consumer is sent to a landing page that describes the data collection practices associated with the ad and provides an opt-out mechanism.Importantly, however, the DAA Principles have also been interpreted by the IBA accountability program to require “enhanced” notice on any website where information is collected for IBA purposes. In response to this interpretation, website publishers typically provide such notice in the form of an “Our Ads” or similarly named link in the site footer, separate from the privacy policy link, that clicks through to the same landing page as the advertising option icon, or to similar notice and choice information.The Recent DecisionsIn its recent enforcement actions, the IBA accountability program appears to have exported this manifestation of the enhanced notice requirement to mobile applications, notwithstanding the provisions of the DAA’s guidance on the <a href="http://www.aboutads.info/DAA_Mobile_Guidance.pdf" target="_blank" rel="noopener">Application of Self-Regulatory Principles to the Mobile Environment</a>, first published in 2013.That guidance expressly provides that app publishers (i.e., “first parties”) that permit third parties to collect information for IBA purposes must “provide a clear, meaningful, and prominent link to a disclosure that either points to a choice mechanism or setting that meets Digital Advertising Alliance specifications or individually lists such Third Parties.” This notice must be provided in two separate locations:<ul><li>Either prior to download (e.g., in the app store on the application’s page), during download, on first opening of the app, or at the time cross-app data is first collected; and</li></ul><ul><li>In the application’s settings or any privacy policy.</li></ul>The IBA accountability program appears, however, to be taking the position that a link to the privacy policy from the app store (or any other location) is not enough to meet this first prong.  That is, a “clear, meaningful, and prominent link” to the IBA disclosure must be a link directly to the IBA section of the privacy policy, in the same way that the “Our Ads” or similarly named link in the site footer clicks through to the IBA section of the privacy policy.The IBA accountability program’s Spinrilla decision, for example, states that the accountability program could not find an “enhanced link notice separate from the privacy policy link” in the applicable app stores and affirmed that if only one privacy policy link will be used in the app store (where it is typically not possible to provide two separate links), “the link to the privacy policy must either go directly to the pertinent discussion of IBA or direct the user to that place through a clear link at the top of the privacy policy.”The other accountability program decisions, Bearbit Studios and Top Free Games, reaffirm this interpretation. In light of these decisions, app publishers may want to revisit how they provide “enhanced notice” of their IBA practices.Finally, the Mobile Guidance states that first parties should “indicate adherence” to the DAA Principles in their privacy policies. The accountability program decisions noted the absence of this language in the companies’ privacy policies, and the companies appear to have added language to their disclosures to comply with this obligation. Whether a company would want to affirmatively make this representation of its own accord is something that may warrant additional consideration, as the company’s failure to fully comply with such a representation could give rise to a charge of deception under Section 5 of the FTC Act or a similar state law.The UpshotIn light of these developments, a company engaged in IBA should:<ul><li>If engaged in IBA with respect to one or more of its apps, review how it discloses its IBA practices at the point of app download; and</li></ul><ul><li>Discuss with counsel the advisability of expressly stating adherence to the DAA Principles in its privacy policy.</li></ul> *                      *                     * For background information on the DAA program and its applicability to the mobile environment, please see our earlier Socially Aware blog post, <a href="https://www.sociallyawareblog.com/2015/06/19/digital-advertising-alliance-focuses-on-mobile-ads/" target="_blank" rel="noopener">Digital Advertising Alliance Focuses on Mobile Ads</a>. For more on consumer privacy issues generally, please see the following posts: <a href="https://www.sociallyawareblog.com/2013/10/30/a-warning-for-websites-allowing-data-collection-for-online-behavioral-advertising/" target="_blank" rel="noopener">A Warning for Websites Allowing Data Collection for Online Behavioral Advertising</a>; <a href="https://www.sociallyawareblog.com/2012/04/10/ftcs-privacy-report-suggests-tightening-of-privacy-regime-provides-guidance-to-business/" target="_blank" rel="noopener">FTC’s Privacy Report Suggests Tightening of Privacy Regime, Provides Guidance to Business</a>; and Tracking the Trackers: Social Media Companies Face Pressure for Tracking Users’ Browsing Habits.

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Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance c

Julie O'Neill

Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance challenges around a wide variety of both online and offline privacy issues, including tracking, interest-based advertising, geo-targeting and other mobile tracking, personalization, and cross-device tracking. Recognized in The Legal 500 US 2014, 2016, 2019, and 2020 and Chambers USA 2021 for her exceptional legal work, her clients praise her saying, “She is really good at giving practical, targeted advice and taking stock of what the risk profile of the client is, so that the advice is holistic.” (Chambers USA 2021).

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Interest-Based Advertising Disclosure Requirements Become More Clear—and Potentially More Burdensome

Interest-Based Advertising Disclosure Requirements Become More Clear—and Potentially More Burdensome

Recent enforcement decisions within the digital advertising industry indicate a shift in—and a clarification of—the required disclosures for companies engaged i

Snapchat is on track to rake in an <a href="https://techcrunch.com/2016/09/06/report-snapchat-ad-revenues-to-reach-almost-1-billion-in-2017/" target="_blank" rel="noopener">enormous amount of ad revenue</a> by 2017.Also, there’s mounting evidence that the company is working toward <a href="http://www.vanityfair.com/news/2016/09/snapchat-could-be-working-on-its-own-augmented-reality-glasses" target="_blank" rel="noopener">developing a Google Glass-like product</a>.We have <a href="http://www.sociallyawareblog.com/2014/01/29/keeping-privates-private-the-legal-landscape-of-revenge-porn/" target="_blank" rel="noopener">written previously</a> about the scourge of revenge porn; it turns out the UK has a serious <a href="http://www.dailymail.co.uk/news/article-3775266/DPP-s-warning-rise-revenge-porn-Law-changes-mean-social-media-responsible-new-era-crimes.html" target="_blank" rel="noopener">revenge porn problem</a>, too.A new <a href="http://northernpublicradio.org/post/new-law-improves-access-social-media-accounts-family-members-deceased">law</a> in Illinois requires social media sites to give their users the opportunity to name a beneficiary who can access their accounts if they die. Only <a href="http://www.sociallyawareblog.com/2015/03/10/who-will-update-my-status-when-im-dead-the-biggest-social-media-platforms-policies-on-deceased-user-accounts/" target="_blank" rel="noopener">a few other U.S. states</a> have laws that similarly protect social media users’ digital assets.Baltimore police use Geofeedia to monitor citizens’ social media posts, raising concerns among civil libertarians.Now you can see <a href="http://www.theverge.com/2016/9/8/12851806/twitter-dm-read-receipts-typing-indicator" target="_blank" rel="noopener">when someone reads the direct message you sent on Twitter</a> (unless, of course, the recipient disables read receipts).According to a new study, positive comments from your friends on <a href="http://nypost.com/2016/09/06/facebook-makes-you-as-happy-as-getting-married-or-having-kids/" target="_blank" rel="noopener">Facebook can bring you as much happiness as having children</a>. Those results don’t necessarily contradict <a href="http://www.newyorker.com/tech/elements/how-facebook-makes-us-unhappy" target="_blank" rel="noopener">earlier studies</a>, which found that social media users became depressed when they consumed a lot of content passively.Are <a href="http://www.adweek.com/socialtimes/are-hashtags-really-useful-for-twitter-marketing-infographic/644583" target="_blank" rel="noopener">hashtags actually hurting</a> your Twitter marketing campaigns?<a href="http://adage.com/article/digital/pinterest-president-future-plans-video/305741/" target="_blank" rel="noopener">Pinterest’s president predicts</a> that media publishers eventually won’t care whether their content gets consumed on their own companies’ websites or within partner apps.A new chatbot called Yala examines users’ time zones, social media histories and other factors to determine <a href="https://techcrunch.com/2016/09/08/yalas-new-chatbot-knows-the-best-time-to-post-to-social-networks/" target="_blank" rel="noopener">the most effective times to post to social media</a>.Will brands eventually have <a href="https://www.theguardian.com/media-network/2016/sep/08/electronic-empathy-virtual-reality-pokemon-go-oculus?CMP=share_btn_tw" target="_blank" rel="noopener">virtual spaces where consumers can test drive products</a> or try on clothes?

Social Links: Snapchat ad revenue grows; the UK’s revenge porn problem; laws that enable control of digital assets after death

Social Links: Snapchat ad revenue grows; the UK’s revenge porn problem; laws that enable control of digital assets after death