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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First we had social media platforms, but recently a variety of “anti-social” media platforms have emerged—well, anti-social in a sense. For years, social media 

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“Do You Want to Know a Secret?” The Risks Posed by Anonymous Social Apps

“Do You Want to Know a Secret?” The Risks Posed by Anonymous Social Apps | Socially Aware

First we had social media platforms, but recently a variety of “anti-social” media platforms have emerged—well, anti-social in a sense. For years, social media platforms have encouraged (or even, in some cases, required) us to use our real identities, with the aim of building friendships and networks in the online world. But these new social media apps (such as “Secret,” “<a href="http://whisper.sh/">Whisper</a>,” “Yik Yak”) are designed specifically to enable users to share posts anonymously. The types of “secrets” disclosed on these apps vary enormously—from teenage angst, fantasies and gossip, to the experiences of soldiers and survivors of abuse.With these apps, one might say that we have gone full circle back to the early days of the Internet when anonymous posts on message boards were standard. Even Mark Zuckerberg, <a href="http://www.cnet.com/news/why-no-one-cares-about-privacy-anymore/">who in 2010 stated that he believed the social norms on privacy had changed</a>, now apparently sees some merit in anonymity. In January 2014, when discussing certain new Facebook apps that can be accessed with anonymous sign-in, he stated, “If you’re always under the pressure of real identity, I think that is somewhat of a burden.”People sometimes complain that much of social media is fake, with users presenting themselves in the best possible light. Some argue that these apps are different because they encourage authenticity by allowing people to say what they really think without worrying about damage to their digital reputation or posts coming back to haunt them. Fans of the apps also talk of their voyeuristic and addictive nature. And media outlets have even started <a href="http://www.cnet.com/news/nike-fires-fuelband-engineers-will-stop-making-wearable-hardware/">using anonymous posts as news sources</a> (sometimes to their dismay when the posts turn out to be false).Whether these apps have longevity or are just a short-term fad remains to be seen. It is clear, however, that users should not be lulled into a false sense of security simply because these apps purport to be anonymous. Such apps present risks similar to any other social media platform. Indeed, these purportedly anonymous platforms may even be riskier than traditional social media platforms because anonymity may create an environment where users feel free to behave recklessly.The truth is that “anonymous” doesn’t necessarily mean anonymous. Even if users are not required to provide any form of contact details to use an anonymous app, the app is very likely to collect certain information that will help identify the user (e.g., the unique digital ID of the user’s phone, location information, etc.). Therefore, it may not be very difficult to trace a user if required (e.g., by subpoena/court order). Indeed Secret’s Terms of Service state, “We may share information about you … in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, regulation or legal process.” Also, it is worth noting that the extent to which a user can maintain anonymity from other users will depend on how the app works. With Secret, a user’s posts are shown to the user’s network of phone contacts, and so, depending on what information a user posts, it may not take much for those contacts to figure out who posted a particular secret.Accordingly, users of anonymous apps need to think carefully about what they post just as they would when using any social media platform. For example, users should be careful to avoid posting:<ul><li>Information that could cause them to breach a court order or be in contempt of court</li><li>Information that could breach regulatory rules, e.g., in terms of insider trading or market abuse</li><li>Information that is classed as confidential or a trade secret</li><li>Information that breaches a third party’s intellectual property rights</li><li>Defamatory statements</li><li>Statements that could be considered threatening, abusive, discriminatory or in breach of applicable laws</li><li>Information that would be a breach of their terms of employment or otherwise constitute misconduct</li><li>Anything that violates the app’s terms of use</li></ul>Using anonymous apps as a vehicle for whistleblowing is particularly problematic. Whisper’s editor-in-chief, Neetzan Zimmerman, has publicly advocated such use of Whisper, stating, “<a href="http://www.adweek.com/video/technology/king-web-traffic-neetzan-zimmerman-explains-his-plans-whisper-155064">We’re talking about whistleblowing, exposing secrets at corporations … on the government level</a>.” But many countries, including the U.K. and U.S., have specific whistleblower laws in place to protect employees, and companies may also have formal whistleblowing policies that prescribe how employees should report issues. An employee who blows the whistle using an anonymous app rather than through the proper channels may not be able to take advantage of the protection provided by such laws and policies if a disciplinary action is brought against the employee based on such action.Companies will need to consider these new types of apps when formulating social media policies and educating their employees on social media use. But it’s not just an employee issue. As with other social media platforms, organizations need to be aware of the risks to the company of any criticism or attack via such an app (e.g., from a disgruntled user or competitor) and put in place appropriate monitoring and crisis management procedures to deal with such events.That said, anonymous apps pose opportunities as well as risks, particularly in terms of targeting consumers who don’t use the more traditional social networks. Indeed, in February 2014, Gap Inc. claimed to be behind the first marketing post on Secret. Gap’s post asking, “This is the first Fortune 500 company to post on Secret. Guess who?” drew a lot of attention … and a few correct guesses.