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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Last year, California made child-related revisions to its Online Privacy Protection Act that have ramifications even for websites and other online services that

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New California Privacy Law Revisions Will Impact Website and Mobile App Operators With Users Under Age 18

New California Privacy Law Revisions Will Impact Website and Mobile App Operators With Users Under Age 18 | Socially Aware

Julie O'Neill

Last year, California made child-related revisions to its Online Privacy Protection Act that have ramifications even for websites and other online services that are not directed to children.  The revision, “Privacy Rights for California Minors in the Digital World,” imposes obligations on any website, application, or other online service that (1) is directed to minors—that is, was created to reach an audience predominantly composed of minors—or (2) has actual knowledge that a minor is using it because, for example, it collects date of birth (each, a “Covered Service”).  Cal. Bus. & Prof. Code §§ 22580-81.  Covered Services are thus not limited to services directed to minors:  even a general audience or adult-directed service is subject to the law if it collects age information and permits those who identify as minors to use the service.  The law does not require an operator to collect age from its users.The revised law takes effect on January 1, 2015.  It will require a Covered Service to permit a registered user who is a minor to remove content that he or she has posted.  It will also prohibit a Covered Service from advertising adult products to minors and from collecting, using, or disclosing minors’ personal information for such advertising, or allowing others to do so.The Delete Button RequirementThe law will require a Covered Service to permit a registered user who is under 18 to remove content that he or she has posted to the service.  Specifically, it will have to:<ul><li>Permit a minor to remove, or to request and obtain removal of, content that he or she has posted to the service (“posted” means that the content is accessible to others); and</li><li>Provide instructions (e.g., in its privacy policy) on how a minor may remove or request removal of posted content, along with an explanation that removal does not ensure complete or comprehensive removal of the content.</li></ul>Cal. Bus. & Prof. Code § 22581.  The explanation that removal does not ensure complete or comprehensive removal is necessary because the law does not require removal in certain situations, including if another provision of law requires the Covered Service to maintain the content, if it was posted or reposted by users other than the minor, or if the minor received consideration in exchange for the posting.  Cal. Bus. & Prof. Code § 22581(b)(1), (2), (5).  Moreover, the law does not require permanent deletion of removed content.  Rather, a Covered Service may comply with a removal request by:  (1) anonymizing the content so that the minor cannot be individually identified; or (2) rendering the content invisible to others, while retaining it on its servers.Limits on AdvertisingThe revised law also prohibits Covered Services from advertising adult products, such as alcohol, tobacco, and firearms, to minors and from collecting, using, or disclosing minors’ personal information for such advertising, or allowing others to do so.  Cal. Bus. & Prof. Code § 22580.  This provision applies to a Covered Service that is directed to minors or that has actual knowledge that the advertising will be targeted to a minor.  If a Covered Service uses a service provider to deliver its advertising and notifies the service provider that the service is directed to minors, then the responsibility to comply with the law rests with the service provider.  Cal. Bus. & Prof. Code § 22580(h)(1)-(2).What Does This Mean in Practice? Each operator of a website, app, or other online service should determine whether it falls within the law’s coverage and, if so, develop a strategy to achieve compliance before the law takes effect on January 1, 2015.  When doing so, we suggest that:<ul><li>If you operate a general audience or adult-directed site or service and you do not have a business need for your users’ age information, do not collect age or date of birth from your registered users on a going-forward basis.  This will limit your need to comply, at least with respect to new users.</li><li>If you operate a Covered Service and permit users to post information or content (such as through a profile, blog, chat, message board, or similar feature), consider whether you will let registered users who are minors remove their posted content themselves or request to have it removed (or anonymized) by you.  In either case, in your privacy policy, provide notice of the minor’s right, along with instructions and an explanation that removal does not ensure complete removal.  For example:</li></ul>If you are under 18 and a registered Site user, you may ask us to remove content or information that you have posted to the Site by writing to [email address].  Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user. <ul><li>If you have actual knowledge that you are targeting advertising to minors, ensure that your advertising does not promote any of the adult products covered by the law.</li><li>If you have actual knowledge that you have collected personal information from a minor, put policies and procedures in place to ensure that such information is not collected, used, or disclosed—by you or any third party—to advertise adult products.</li><li> If you operate a Covered Service that is directed to minors:  (1) do not advertise adult products; (2) take steps to ensure that your users’ personal information is not collected, used, or disclosed—by you or any third party—to advertise adult products; and (3)  inform your advertising service providers that your service is directed to minors.</li></ul>