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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<a href="http://www.politico.com/story/2017/04/twitter-sues-homeland-security-fake-alt-uscis-236965" target="_blank" rel="noopener">Twitter is suing the Department of Homeland Security</a> in an attempt to void a summons demanding records that would identify the creator of an anti-Trump Twitter account.<a href="http://www.nbcnews.com/tech/tech-news/facebook-plans-use-tech-stop-spread-revenge-porn-n742656" target="_blank" rel="noopener">Facebook has joined the fight against the nonconsensual dissemination of sexually explicit photos</a> online—content known as “revenge porn”—by having specially trained employees review images flagged by users and using photo-matching technologies to help stop revenge porn images from being shared on the company’s apps and platforms.Amid its own revenge porn scandal, t<a href="http://www.cbsnews.com/news/marines-nude-photos-new-social-media-policy/" target="_blank" rel="noopener">he U.S. Marines Corps has expanded its social media policy</a> to clarify how military code can be used to prosecute members’ offensive or disrespectful online activities.A Minnesota judge has <a href="https://arstechnica.com/tech-policy/2017/03/judge-oks-warrant-to-reveal-who-searched-a-fraud-victims-name-on-google/" target="_blank" rel="noopener">ordered Google to disclose all searches for the name of the victim</a> of a wire-fraud crime worth less than $30,000.Scientists are <a href="https://www.wsj.com/articles/sometimes-an-emoji-is-more-than-just-a-1491490801?emailToken=JRrydfl4ZnqSi9Q0Z8wn01glcqgNBvTMT1WSIXXNOEmJtWeQpOW7yuAph9Kx5GGyXlo/7pVdsz9mGWyJ0DIz" target="_blank" rel="noopener">studying the use of emoji</a> in human interactions, marketing campaigns and business transactions. Here at Socially Aware we’ve taken a look at <a href="http://www.sociallyawareblog.com/2016/04/20/emoji/" target="_blank" rel="noopener">the difficulty that courts have had in evaluating the meaning of emoji</a> in connection with contract, tort and other legal claims.Did the White House’s social media director <a href="http://www.slate.com/blogs/the_slatest/2017/04/02/white_house_staffer_may_have_violated_hatch_act_by_calling_for_defeat_of.html" target="_blank" rel="noopener">violate the Hatch Act</a> with a tweet?In the interest of maintaining big-spending advertisers’ business, <a href="https://www.nytimes.com/2017/04/03/technology/google-training-ad-placement-computers-to-be-offended.html?em_pos=small&emc=edit_tu_20170403&nl=bits&nl_art=0&nlid=69264395&ref=headline&te=1&_r=1" target="_blank" rel="noopener">Google is trying to teach computers</a> the nuances of what makes content objectionable.The upcoming desktop version of the popular mobile dating app Tinder, Tinder Online, <a href="https://www.wired.com/2017/03/tinders-new-desktop-app-pushes-actually-talk-people/" target="_blank" rel="noopener">prompts users to talk more and swipe less</a>.<a href="http://nypost.com/2017/04/05/this-couple-uses-instagram-to-make-a-fortune-traveling-the-world/" target="_blank" rel="noopener">One jet-setting couple</a> with a combined three million Instagram followers is earning between $3,000 and $9,000 per post.The New York Times’s Brian Chen walks readers through <a href="https://www.nytimes.com/2017/03/29/technology/personaltech/apps-gadgets-pet-care.html?em_pos=small&emc=edit_tu_20170329&nl=bits&nl_art=3&nlid=69264395&ref=headline&te=1" target="_blank" rel="noopener">some of the most worthwhile apps and tech gadgets in the pet-care category</a>.

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: Twitter sues U.S. government to protect account holder’s ID; Minn. court orders Google to disclose users who searched crime victim’s name; Facebook targets revenge porn

Twitter is suing the Department of Homeland Security in an attempt to void a summons demanding records that would identify the creator of an anti-Trump Twitter 

Social Links: Twitter sues U.S. government to protect account holder’s ID; Minn. court orders Google to disclose users who searched crime victim’s name; Facebook targets revenge porn

Google unveiled <a href="https://www.forbes.com/sites/kalevleetaru/2017/02/23/fighting-words-not-ideas-googles-new-ai-powered-toxic-speech-filter-is-the-right-approach/#3bca1d893462" target="_blank" rel="noopener">a new tool designed to combat toxic speech online</a> by assessing the language commenters use, as opposed to the ideas they express.Is <a href="https://qz.com/922193/should-sex-offenders-be-barred-from-facebook-fb-the-us-supreme-court-will-decide/" target="_blank" rel="noopener">a state law banning sex offenders from social media</a> unconstitutional? Based on their comments during oral arguments in <a href="https://www.supremecourt.gov/oral_arguments/argument_transcripts/2016/15-1194_0861.pdf" target="_blank" rel="noopener">Packingham v. North Carolina</a>, some <a href="https://qz.com/922444/a-us-supreme-court-discussion-of-free-speech-and-social-media-got-comically-postmodern/" target="_blank" rel="noopener">U.S. Supreme Court justices may think so</a>.Facebook is implementing a feature that uses artificial intelligence to <a href="https://www.buzzfeed.com/alexkantrowitz/facebook-is-using-artificial-intelligence-to-prevent-suicide?utm_term=.uf5Kd6M8dq#.fdAPdWjld3" target="_blank" rel="noopener">identify posts reflecting suicidal inclinations</a>.<a href="http://venturebeat.com/2017/02/21/facebook-analytics-passes-1-million-apps/" target="_blank" rel="noopener">Facebook Analytics for Apps</a> reached a significant milestone: It now supports more than 1 million apps.<a href="https://www.wsj.com/articles/youtube-tops-1-billion-hours-of-video-a-day-on-pace-to-eclipse-tv-1488220851" target="_blank" rel="noopener">So did YouTube</a>, which recently surpassed 1 billion hours of video per day.As many as <a href="http://www.mediapost.com/publications/article/296359/ordinary-social-media-users-are-buying-likes-too.html" target="_blank" rel="noopener">15% of regular social media users</a>—that is, people, not businesses—are buying “likes” on social media?!The New York State Commission on Judicial Conduct’s warning to judges about their use of social media was prompted by <a href="http://blog.timesunion.com/capitol/archives/272747/commission-on-judicial-conduct-warns-judges-of-social-media-perils/" target="_blank" rel="noopener">this case</a> in which a St. Lawrence County town judge used Facebook to criticize the prosecution of a town council candidate.More than 40% of Americans incessantly <a href="https://www.bloomberg.com/news/articles/2017-02-23/social-media-is-driving-americans-insane" target="_blank" rel="noopener">check their gadgets for new messages and social media status updates</a>, and it might be making them a little crazy.University of Manchester researchers have developed <a href="https://phys.org/news/2017-03-scientists-reveal-super-fast.html?utm_content=bufferfb36e&utm_medium=social&utm_source=linkedin.com&utm_campaign=buffer" target="_blank" rel="noopener">a computer that is faster than any other</a> because its processors are made of DNA, which allows the computer to replicate itself.Mobile marketers can significantly increase the open rates of their <a href="https://www.urbanairship.com/push-notifications-explained" target="_blank" rel="noopener">push notifications</a> by doing <a href="http://venturebeat.com/2017/02/27/emojis-boost-boost-push-notification-open-rates-85-study-says/" target="_blank" rel="noopener">one simple thing</a>: including emojis.A woman whose “starter marriage” was covered by the <a href="https://www.nytimes.com/interactive/projects/cp/weddings/165-years-of-wedding-announcements/removing-wedding-announcements" target="_blank" rel="noopener">New York Times wedding announcements</a> section in 1989 might have been spared some angst if the United States had a <a href="http://www.sociallyawareblog.com/2015/05/28/status-updates-errand-apps-for-everyone-a-right-to-be-forgotten-update-your-entire-google-search-history/" target="_blank" rel="noopener">Right to Be Forgotten</a>, as Europe does.

Social Links: YouTube reaches major milestone; Google tries to ferret out hate speech; justices consider constitutionality of barring social media access

Google unveiled a new tool designed to combat toxic speech online by assessing the language commenters use, as opposed to the ideas they express. Is a state law

Social Links: YouTube reaches major milestone; Google tries to ferret out hate speech; justices consider constitutionality of barring social media access

The beginning of a new year is a time for resolutions and predictions. We won’t bother Socially Aware readers with our resolutions for 2017, but we thought that we would share some predictions for the new year from our editors and contributors. As our predictions below indicate, 2017 promises to be an eventful year for social media and other emerging technologies. Here we go:From John Delaney, Co-Founder and Co-Editor, Socially Aware, and Partner at Morrison & Foerster:As we enter 2017, one of the greatest question marks for the social media and content marketing industries is what impact will Donald Trump have on the legal landscape. He’s been dubbed the country’s first social media president, and there is no doubt that his use of social media platforms such as Twitter and Facebook played a key role in his upset election victory. At the same time, he’s had an often antagonistic relationship with Silicon Valley, and one can imagine tech giants such as Google and Facebook having a far less prominent voice within the Trump administration than was the case for the Obama administration. And although Trump’s promised focus on reducing business regulations may benefit the U.S. technology companies, his apparent skepticism toward globalism and free trade could prove a challenge to the country’s social media industry, perhaps the most global of all U.S. industries.My other prediction for the coming year is that we’re going to see a number of disruptive new technologies emerging from the hype phase to having a real impact on businesses and consumers—perhaps more likely with respect to the latter than the former, at least initially. For example, blockchain technology generated a big buzz in 2016, but look for companies to actually begin embracing and implementing this technology in a B2B context in the never-ending drive to reduce transaction fees. By eliminating the need for trusted middlemen, the transitioning of traditional payment and recordation platforms to blockchain-based platforms holds the promise of generating significant cost savings for companies. We’re also going to see the pace of disruption accelerate as each of these new technologies—such as artificial intelligence, big data analytics, cloud computing, blockchain, the Internet of Things and so forth—combine and mutate in expected and unexpected ways. From Aaron Rubin, Co-Editor, Socially Aware, and Partner at Morrison & Foerster:Section 230 of the federal Communications Decency Act provides immunity to website operators for liability arising from user-generated content and has been hailed as <a href="http://www.theatlantic.com/business/archive/2013/09/the-law-that-gave-us-the-modern-internet-and-the-campaign-to-kill-it/279588/" target="_blank" rel="noopener">the law that gave us the modern Internet</a>. In the social media space in particular, Section 230 has helped fuel the remarkable success of companies such as Facebook, Twitter and YouTube by providing broad protection against claims arising from content posted by these platforms’ users. But in 2016, we saw <a href="https://www.sociallyawareblog.com/2016/12/15/the-decline-and-fall-of-section-230/" target="_blank" rel="noopener">a string of court decisions</a> reining in the historically broad scope of Section 230. To be fair, 2016 also saw <a href="https://www.sociallyawareblog.com/2016/12/05/manchanda-v-google/" target="_blank" rel="noopener">a few victories</a> for website operators asserting Section 230 defenses, but with the increased media focus on “fake news” and online trolling, my prediction is that the trend towards narrowing the scope of Section 230 will continue in 2017. From Christine Lyon, Privacy Desk, Socially Aware, and Partner at Morrison & Foerster:In 2017 we will watch courts, legislators and the tech industry grapple with the privacy-related implications of the Internet of Things. Our homes, cars and workplaces are filling with connected devices designed cater to our personalized needs. They respond to our instructions, whether delivered through a mobile app or a spoken command, and they collect data about our activities in order to better anticipate our needs. All of this data collection creates a digital trail of our lives, which will become richer and more detailed as multiple sources of data are combined. Big data analytics offers seemingly endless opportunities to use and commercialize this data in new ways. Yet unanticipated uses and disclosures of user data may compromise consumer privacy and even undermine consumer trust. We can expect to see expanding definitions of what types of data are considered personal information, legal battles over when and how law enforcement agencies can access user data and industry self-regulatory initiatives to try to strike an appropriate balance between privacy and innovation. From Julie O’Neill, Online Marketing Desk, Socially Aware, and Partner at Morrison & Foerster:One of the biggest privacy developments of 2017 will be the Eleventh Circuit’s decision in the FTC’s long-running battle with LabMD. In July 2016, the Commission overturned the decision of the FTC’s own administrative law judge, holding that LabMD’s failure to use basic security measures led to the unauthorized disclosure of sensitive medical data and was thus “unfair,” in violation of Section 5 of the FTC Act. According to the Commission, the data security failure was unfair because it caused, or was likely to cause, substantial consumer injury. The Commissioners reached this decision without evidence of any actual injury to consumers. LabMD promptly appealed.The Eleventh Circuit’s decision will have ramifications for how the FTC wields its unfairness authority. A decision against the FTC would curtail its ability to bring enforcement on an unfairness theory where there is no actual harm to consumers. Couple that with the fact that President-elect Trump’s appointments to fill the Commission’s two vacancies will almost surely not be aggressive enforcers, and we will see less enforcement from the FTC—not just with respect to privacy and data security matters, but with respect to consumer protection issues more generally. From <a href="https://www.mofo.com/people/j-lawrence.html" target="_blank" rel="noopener">J. Alexander Lawrence</a>, Litigation Desk, Socially Aware, and Partner at Morrison & Foerster:2017 may bring greater clarity to the Digital Millennium Copyright Act (DMCA) Section 512 safe harbors’ “repeat infringer policy” requirement under U.S. copyright law. In late 2016, the Second Circuit, in the MP3Tunes decision, took a broad view of what constitutes a repeat infringer under the DMCA. This is important because a service provider’s failure to terminate repeat infringers can result in loss of safe harbor protections from copyright damages. A further appeal to the Supreme Court in that case is possible. The Fourth Circuit will be considering the issue of what constitutes a repeat infringer in a dispute between BMG and Cox and will likely issue a decision sometime in 2017. Companies that rely on the DMCA safe harbor will be paying close attention to these developments. From Michael Jacobs, Co-Chair, Intellectual Property Group, Morrison & Foerster:My prediction for 2017 is that the patent litigation world will settle down a bit—now that we all have had time to adjust to the new ground rules. Section 101 decisions against patentees will be fewer. IPR institution and invalidation rates will decline. Damages expert testimony will more often survive judicial scrutiny. Injunctions will be sought in the right cases and granted. The only major change on the horizon is venue (and that will be big)—likely as the result of a Supreme Court decision in TC Heartland. From Paul Goldstein, Stella W. and Ira S. Lillick Professor of Law, Stanford Law School, and Of Counsel to Morrison & Foerster:The trends toward nationalism and protectionism that emerged around the globe in 2016 are unlikely to produce corresponding fractures in international copyright norms in 2017 or after. From the first bilateral copyright treaty in 1854, on through the Berne Convention to the present, it has not been the nation-state but, rather, the alignment of industry forces that has controlled the outcome of debate. In contests over the scope of the public performance right, an American music publisher has far more in common with a British music publisher than it does with an American Internet company, and will act accordingly in advancing its interests worldwide. States may sit at the negotiating table and sign the resulting agreements, but they do so principally as brokers and agents of their preferred domestic industries. (It will for this reason be important to watch whether Silicon Valley continues to enjoy the preferred status it received from the Obama administration.) From Obrea Poindexter, Co-Chair, FinTech Group, Morrison & Foerster:We expect 2017 to bring significant legal developments impacting the FinTech industry. With respect to lending, we expect to see the resolution of important cases, including the Madden case, which could impact marketplace lenders and traditional lenders alike. We also expect significant regulatory developments, including with respect to the OCC’s proposal for special purpose FinTech charter, which has the potential to facilitate regulatory compliance for start-ups launching innovative financial products and services. Of course, the changing political climate has the potential to dramatically change the regulatory outlook early in 2017, including for the FinTech industry.  From Stephanie Sharron, Partner, Technology Transactions Group, Morrison & Foerster:In 2017 companies will continue to explore ways to provide deeper interoperability and more security for the Internet of Things (IoT). In addition, data governance both from a rights and a regulatory perspective will take on increasing importance as companies sort out how they can best leverage and monetize the data collected from IoT products and services. Companies across industries will look for ways to transform their traditional businesses through adoption of IoT and big data applications that leverage the IoT’s power.In the FinTech area, I predict continued interest and investment as companies look for new monetization models and ways to cut costs. Banks are likely to continue to explore whether and how they can reduce costs through implementation of new technologies such as blockchain. As with the IoT, data governance and regulatory issues will continue to be a challenge for early adopters of cutting edge FinTech technologies and business models. From Katie Thomson, Chair, Transportation Group, Morrison & FoersterOn the infrastructure front, there is a bipartisan consensus that a safe, reliable and sustainable transportation system is critical to the economic prosperity of the United States and the well-being of everyone who lives here. There is also bipartisan recognition that our infrastructure is aging, public investment is shrinking and congestion on the roads and rails and in the air continues to increase. But over the past two decades, members of Congress—on both sides of the aisle—have lacked the political courage to develop and pass a long-term, adequate and viable funding solution that meets the needs of the transportation system today and into the future. President-elect Trump has pledged to invest approximately one trillion dollars in infrastructure support over the course of the next decade. That is a good start, but I predict that Congress will not take any meaningful action to resolve the long-standing infrastructure deficit in 2017. Instead, federal, state and local governments, along with private investors, will have to continue to find creative solutions to leverage scarce public funds and bring private funds to bear to support investments in transportation infrastructure.On the technology front, automated vehicles, drones, intelligent transportation systems, and performance-based design standards hold tremendous promise to enhance safety, efficiency and mobility in all modes of transportation. The federal government has an important role to play in eliminating regulatory barriers while ensuring the safety and security of these new technologies. Federal resources, however, are limited. To ensure that innovation continues and that we reap the benefits of these emerging technologies in real time, I predict that interested stakeholders will have to join forces to push the federal government to act responsibly and in a timely manner. The “push” may involve, among other creative measures, offering consensus recommendations to the government with respect to key issues such as safety and cybersecurity standards. From Joshua Ashley Klayman, Chair, Blockchain + Smart Contracts Group, Morrison & Foerster:In 2016 the potential for blockchain and smart contracts technologies to disrupt and transform entire industries captured the attention of the world’s financial markets and financial services industries.My prediction for 2017 is that the attention and excitement about blockchain will continue to grow and that the governments and laws of the United States and other nations will continue to adapt to embrace—or at least acknowledge—blockchain and smart contracts technologies. At the same time, I predict that we will see many failures with respect to start-ups and investments, as well as well-hyped product and service offerings that stall at or prior to the proof of concept stage. That is natural and to be expected as distributed ledger technology grows and develops and as individuals and companies work to identify and refine use cases that will benefit most from blockchain and smart contracts (vs. those for which traditional spreadsheets or databases will suffice). Finally, I predict that in 2017 we will see the launch of more sophisticated smart contracts (i.e., beyond buying and selling digital currency) that are market-ready and not merely proof of concepts or demos, including in the finance space. From Kristina Ehle, Partner, and Jannis Werner, Associate, in Morrison & Foerster’s Berlin OfficeIn Europe, 2017 begins amidst fears of so-called “fake news” distributed through social media, the implications for democratic processes and discussions about the right approach to tackle this issue going forward. EU Commission president Jean-Claude Juncker recently made it known that he expects companies like Facebook and Google to combat fake news on their platforms, and that the Commission will be watching. Meanwhile, discussions of fake news in Europe’s largest economy, Germany, may progress past such posturing and lead to concrete legal measures, with calls for regulation of social media and criminal sanctions for offending users being made by large parts of the political spectrum, and only few voices warning of the chilling effects of such measures on free speech. Considering how seamlessly these discussions seem to follow one of Germany’s best-known social media controversies of 2016—the perceived resurgence of hate speech in the times of migration crises—it’s safe to expect that U.S.-based social media platforms will remain a favorite target of both political rhetoric and regulatory ambition. This year, of course, German leadership has plenty of motivation for its preoccupation with fake news and the political effects of social media in general: 2017 will be an election year in Germany and France. From Susan McLean, Europe Desk, Socially Aware, and Of Counsel at Morrison & Foerster’s London Office:The implications of the decision to leave the European Union will continue to loom large for the UK tech sector during 2017. Subject to court cases impacting the timetable announced by the UK Prime Minister, the official Article 50 declaration is expected to be made by the end of March 2017. However, until we know more about the shape of the UK’s relationship with the EU going forward, there will remain uncertainty as to what impact Brexit will have on existing and planned UK law (much of which is derived from EU legislation). In the meantime, I anticipate that the UK tech sector will continue to highlight to the UK government their key priorities for any Brexit deal—including continued access to recruitment and investment—to ensure that the UK tech sector continues to flourish post-Brexit.

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2017: Predictions From Socially Aware’s Editors and Contributors

2017: Predictions From Socially Aware’s Editors and Contributors

The beginning of a new year is a time for resolutions and predictions. We won’t bother Socially Aware readers with our resolutions for 2017, but we thought that

“Yellow journalism” websites are <a href="https://www.washingtonpost.com/national/for-the-new-yellow-journalists-opportunity-comes-in-clicks-and-bucks/2016/11/20/d58d036c-adbf-11e6-8b45-f8e493f06fcd_story.html" target="_blank" rel="noopener">using social media to capitalize on popular ideology</a>. And they’re making a bundle.New York City recently passed <a href="http://gothamist.com/2016/10/27/freelance_protection_nyc.php" target="_blank" rel="noopener">the country’s first law protecting the wages of “gig economy” workers</a>. The Wall Street Journal published an illuminating <a href="http://www.wsj.com/articles/whos-working-in-the-gig-economy-1479920400" target="_blank" rel="noopener">infographic</a> illustrating who’s making a living that way.Twitter <a href="http://www.usatoday.com/story/tech/news/2016/11/15/twitter-suspends-alt-right-accounts/93943194/" target="_blank" rel="noopener">suspended high-profile accounts</a> associated with the “alt-right” movement.<a href="http://www.nbcnewyork.com/news/local/Uber-Ban-on-Upstate-NY-rides-causes-holiday-frustration-403441216.html?_osource=SocialFlowFB_NYBrand" target="_blank" rel="noopener">A state law</a> kept 43,000 wannabe Uber users in upstate New York from ordering a car from the ride-hailing service on Thanksgiving eve.PayPal reported <a href="http://venturebeat.com/2016/11/27/paypal-nearly-13-of-thanksgiving-and-black-friday-shopping-was-done-on-mobile/" target="_blank" rel="noopener">some surprising statistics</a> about this year’s online shopping over Thanksgiving weekend. Check out our own <a href="https://www.sociallyawareblog.com/2015/11/25/cyber-monday-social-commerce-and-the-end-of-an-era/" target="_blank" rel="noopener">blog post</a> from last year on how social commerce is killing off both Black Friday and Cyber Monday.Two new ethics opinions from the D.C. Bar provide <a href="http://www.abajournal.com/news/article/beware_of_imported_contacts_social_media_statements_on_legal_issues_ethics_/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email" target="_blank" rel="noopener">an excellent overview of potential ethical issues raised by social media use by attorneys</a>; among other things, the opinions highlight the need for lawyers to exercise caution when tweeting or posting positions on legal issues (which could potentially create an inadvertent conflict with a client’s interest), and in allowing social media platforms to access their email contacts (which could potentially identify clients or divulge information for which there is an ethical obligation to protect from disclosure). Apparently <a href="http://www.theverge.com/2016/11/29/13776894/pewdiepie-quit-casey-neistat-vlog-youtube-vloggers" target="_blank" rel="noopener">vlogging can be a grind</a> even for the most financially successful social media stars.This New York Times <a href="http://www.nytimes.com/2016/11/30/technology/while-we-werent-looking-snapchat-revolutionized-social-networks.html?smid=fb-share" target="_blank" rel="noopener">piece exploring how Snapchat revolutionized social media</a> discusses some of the unique platform and business model features that <a href="https://www.sociallyawareblog.com/2015/11/10/building-a-successful-social-media-app-four-lessons-learned-from-snapchat/" target="_blank" rel="noopener">we cited last year as responsible for Snapchat’s success</a>.<a href="http://www.nytimes.com/2016/11/28/technology/cnn-brings-in-the-social-app-beme-to-cultivate-a-millennial-audience.html?em_pos=small&emc=edit_tu_20161128&nl=bits&nl_art=2&nlid=69264395&ref=headline&te=1&_r=0" target="_blank" rel="noopener">CNN bought a social media company</a> founded by a YouTube star with a millennial following.Speaking of CNN, that company and other prominent news publishers are <a href="http://digiday.com/publishers/conservative-trolls-attacking-publishers-app-store-ratings/" target="_blank" rel="noopener">getting low app store ratings</a> from people claiming that such publishers have a liberal bias.Google Maps just made it easier to snag a table at usually-crowded restaurants and watering holes.Think twice before <a href="http://www.nytimes.com/2016/11/13/business/cellphone-number-social-security-number-10-digit-key-code-to-private-life.html?smid=fb-nytimes&smtyp=cur&_r=0" target="_blank" rel="noopener">giving out your cellphone number</a>.

Social Links: Yellow journalism rakes in cash; NYC law protects gig economy pay; Twitter suspends “alt-right” accounts

“Yellow journalism” websites are using social media to capitalize on popular ideology. And they’re making a bundle. New York City recently passed the country’s 

Social Links: Yellow journalism rakes in cash; NYC law protects gig economy pay; Twitter suspends “alt-right” accounts

The <a href="http://www.hollywoodreporter.com/thr-esq/imdb-sues-invalidate-californias-actor-age-censorship-law-946261?utm_source=Sailthru&utm_medium=email&utm_campaign=THR%27s%20Today%20in%20Entertainment_now_2016-11-11%2006:59:31_ehayden&utm_term=hollywoodreporter_tie" target="_blank" rel="noopener">Internet Movie Database (IMDb) has filed suit to overturn a law</a> that requires the popular entertainment website to remove the ages or birth dates of people in the entertainment industry upon request.<a href="https://techcrunch.com/2016/11/07/revive-vine/" target="_blank" rel="noopener">Vine might not be history</a> after all.Twitter users posted <a href="http://www.nytimes.com/2016/11/09/technology/for-election-day-chatter-twitter-ruled-social-media.html?em_pos=small&emc=edit_tu_20161109&nl=bits&nl_art=0&nlid=69264395&ref=headline&te=1&_r=1" target="_blank" rel="noopener">more than one billion election-related tweets</a> between the first presidential debate and Election Day.Facebook is testing a feature that <a href="https://techcrunch.com/2016/11/07/jobbook/" target="_blank" rel="noopener">allows company Page administrators to post job ads</a> and receive applications from candidates.People who create or encourage others <a href="http://www.out-law.com/en/articles/2016/october/use-of-derogatory-hashtags-on-social-media-might-lead-to-prosecution/" target="_blank" rel="noopener">to use “derogatory hashtags” on social media</a> could be prosecuted in England and Wales.<a href="https://techcrunch.com/2016/11/10/pinterest-finds-another-way-to-track-purchases-via-its-new-tried-it-button/" target="_blank" rel="noopener">A new “tried it” checkmark on pins</a> will allow Pinterest users to share the products and projects they’ve purchased or attempted.Did social media ads allow political campaigns <a href="http://marketingland.com/social-ads-location-targeting-can-side-step-electioneering-laws-197588" target="_blank" rel="noopener">to circumvent state laws</a> prohibiting the visible promotion of candidates within a certain distance of polling places?The Eight Circuit held that a college has <a href="http://www.startribune.com/ex-nursing-student-suffers-legal-setback-over-facebook-posts/400132521/" target="_blank" rel="noopener">the right to expel a student from its nursing program for inappropriate social media posts</a> about his classmates, including the suggestion that he would inflict on one of them a “hemopneumothorax”—a lung puncture.Law enforcement officials are increasing their <a href="http://www.ktre.com/story/33636069/east-texas-law-enforcement-use-social-media-to-help-find-missing-children" target="_blank" rel="noopener">use of social media to locate missing persons</a>.An unemployed single mother in California is <a href="http://www.latimes.com/local/lanow/la-me-ln-ceviche-selling-stockton-20161107-story.html" target="_blank" rel="noopener">facing several misdemeanor charges</a> for selling her ceviche over social media.Coming soon to a vending machine near you: <a href="https://www.cnet.com/news/snapchat-spectacles-available-today-snapbot-vending-machines/" target="_blank" rel="noopener">Snapchat Spectacles</a> (but only if you live in a densely populated area like New York or Los Angeles).Social media analytics firms claim that <a href="https://techcrunch.com/2016/11/10/social-media-did-a-better-job-at-predicting-trumps-win-than-the-polls/" target="_blank" rel="noopener">social media did a better job at predicting Trump’s win</a> than the polls.

Social Links: IMDb sues over right to post actors’ ages; Facebook tests jobs feature; Pinterest adopts “tried it” button

The Internet Movie Database (IMDb) has filed suit to overturn a law that requires the popular entertainment website to remove the ages or birth dates of people 

Social Links: IMDb sues over right to post actors’ ages; Facebook tests jobs feature; Pinterest adopts “tried it” button

<a href="https://techcrunch.com/2016/09/29/facebook-at-work-will-launch-on-october-10-in-london/" target="_blank" rel="noopener">Facebook at Work</a>, the on-the-job version of the web’s most popular social media platform, will launch in London on October 10th.<a href="http://www.techtimes.com/articles/179008/20160923/iheartradio-readies-new-on-demand-streaming-service-to-take-on-spotify-pandora-and-apple-music.htm" target="_blank" rel="noopener">Add iHeartRadio</a> to the list of Internet radio platforms that will be offering an on demand music streaming service.California law will be updated to explicitly <a href="http://www.mercurynews.com/2016/09/29/social-media-selfies-will-be-no-nos-after-new-california-law-takes-effect/" target="_blank" rel="noopener">prohibit drivers from browsing social media</a> or taking selfies (or other photos) while they’re behind the wheel.<a href="http://www.slate.com/blogs/future_tense/2016/09/21/google_s_new_messaging_app_allo_is_smart_but_should_you_use_it.html" target="_blank" rel="noopener">Should you download Allo</a>, Google’s new messaging app?Florida appeals court: A student’s tweet stating that he “can’t WAIT to shoot up [his] school” is not a criminal threat under Florida law.Available to consumers later this fall, Snapchat’s Spectacles are already raising the kinds of privacy concerns that plagued Google Glass.Will artificial intelligence and robots eliminate millions of jobs? Not if <a href="http://www.nytimes.com/2016/09/29/technology/protecting-humans-and-jobs-from-robots-is-5-tech-giants-goal.html?em_pos=small&emc=edit_tu_20160929&nl=bits&nl_art=0&nlid=69264395&ref=headline&te=1&_r=2" target="_blank" rel="noopener">these five tech giants</a> can help it.A tool is being developed <a href="https://www.engadget.com/2016/09/23/law-enforcement-may-target-hate-crime-by-analyzing-twitter/" target="_blank" rel="noopener">to help law enforcement scan Twitter</a> for signs of impending hate crime.<a href="https://techcrunch.com/2016/09/28/meetup-redesign/" target="_blank" rel="noopener">Meetup redesigned its mobile apps</a> and website.A rumination on <a href="https://techcrunch.com/2016/09/24/were-looking-at-cyberbullying-the-wrong-way/?ncid=rss&cps=gravity_1730_5836119583937591900" target="_blank" rel="noopener">cyberbullying, online anonymity and the dark side of human nature</a>.

Social Links: Facebook at Work; Google’s Allo messaging app; Snapchat’s Spectacles

Facebook at Work, the on-the-job version of the web’s most popular social media platform, will launch in London on October 10th. Add iHeartRadio to the list of 

Social Links: Facebook at Work; Google’s Allo messaging app; Snapchat’s Spectacles

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

Snapchat is on track to rake in an enormous amount of ad revenue by 2017. Also, there’s mounting evidence that the company is working toward developing a Google

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

Instagram now allows users to zoom in on photos in their feeds and at least <a href="http://www.adweek.com/news/technology/these-11-brands-are-already-using-instagram-s-new-zoom-feature-173253" target="_blank" rel="noopener">11 brands</a> are already capitalizing on the new feature.<a href="http://www.wired.com/2016/08/pinterest-buys-instapaper/" target="_blank" rel="noopener">Pinterest acquired Instapaper</a>, a tool that allows you to cache webpages for reading at a later time.A social-media celebrity with 500,000 followers and a lot of people interacting with his or her content could bring in <a href="http://www.cnbc.com/2016/08/31/some-people-make-seven-figures-to-post-on-social-media.html" target="_blank" rel="noopener">how much</a> for a single post?!<a href="http://www.businessinsider.com/snapchat-first-investor-jeremy-liew-interview-2016-9" target="_blank" rel="noopener">Snapchat’s first investor shares his secret</a> for identifying the next big app.SEC steps up scrutiny of investment advisers’ use of social media.As younger audiences’ <a href="http://blogs.mprnews.org/newscut/2016/08/social-media-eclipses-tv-as-primary-news-source-for-younger-audiences/" target="_blank" rel="noopener">primary source of news</a>, social media has understandably <a href="http://time.com/4470342/vertical-image-shift/" target="_blank" rel="noopener">affected </a><a href="http://time.com/4470342/vertical-image-shift/" target="_blank" rel="noopener">photojournalism</a>.Should social media companies <a href="http://www.npr.org/sections/alltechconsidered/2016/08/30/491826167/groups-worry-about-impact-of-police-moves-to-block-social-media" target="_blank" rel="noopener">establish guidelines</a> for when they will—and will not—heed police officers’ requests to suspend suspects’ accounts?<a href="https://www.boston.com/news/local-news/2016/08/30/meet-officer-behind-the-bangor-maine-police-departments-viral-facebook-page" target="_blank" rel="noopener">Meet the officer</a> behind a small New England city’s police department’s viral Facebook page.Wondering whether you should hit “reply all” when someone has mistakenly included you on an email chain? The New York Times has <a href="http://mobile.nytimes.com/2016/09/02/technology/when-im-mistakenly-put-on-an-email-chain-should-i-hit-reply-all-asking-to-be-removed.html?referer=https://t.co/0PstsL7mye" target="_blank" rel="noopener">one word</a> for you.

Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media investor shares his strategy

Instagram now allows users to zoom in on photos in their feeds and at least 11 brands are already capitalizing on the new feature. Pinterest acquired Instapaper

Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media investor shares his strategy

Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them.The National Labor Relations Board decided <a href="http://www.bna.com/chipotle-worker-social-n73014446651/" target="_blank" rel="noopener">a social media policy that Chipotle had in place for its employees violates federal labor law</a>.A group of lawmakers plans to introduce <a href="http://www.theatlantic.com/politics/archive/2015/08/bill-to-criminalize-revenge-porn-coming-after-recess/458160/" target="_blank" rel="noopener">legislation that would criminalize revenge porn</a>—explicit images posted to the web without the consent of the subject—at the federal level.The Truth in Advertising organization <a href="http://abovethelaw.com/2016/08/kardashian-media-empire-under-legal-scrutiny/" target="_blank" rel="noopener">sent the Kardashians a letter </a>threatening to report them for violating the FTC’s endorsement guides. This <a href="http://www.wsj.com/articles/fda-sends-warning-letter-after-kim-kardashian-touts-morning-sickness-drug-1439401985" target="_blank" rel="noopener">isn’t the first time</a> the legality of the famous family’s social media posts has been called into question. If only Kim would read <a href="http://www.sociallyawareblog.com/2015/12/21/influencer-marketing-tips-for-a-successful-and-legal-advertising-campaign/" target="_blank" rel="noopener">our influencer marketing blog posts</a>.According to one study, <a href="https://contently.com/strategist/2016/08/16/study-68-of-publishers-use-editorial-staff-to-create-native-ads/" target="_blank" rel="noopener">68% percent of publishers</a> use editorial staff to create native ads.Twitter launched <a href="http://venturebeat.com/2016/08/24/twitter-launches-button-letting-you-send-direct-messages-from-any-website/?utm_content=buffer67be7&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer" target="_blank" rel="noopener">a button that a company can place on its website</a> to allow users to send a direct message to the company’s Twitter inbox.The Center for Democracy & Technology criticized the Department of Homeland Security’s proposal to ask visa-waiver-program applicants to disclose their social media account information.UK lawmakers issued a report calling on the big social media companies to do more to <a href="https://www.yahoo.com/tech/social-media-giants-must-more-police-sites-uk-134051320--finance.html" target="_blank" rel="noopener">purge their platforms of hate speech</a> and material that incites violence.<a href="http://www.nwaonline.com/news/2016/aug/20/social-media-playing-bigger-role-in-nor/?news" target="_blank" rel="noopener">Social media is playing bigger role in jury selection</a>, Arkansas prosecutors and criminal defense lawyers say.A day in the life of <a href="http://digiday.com/publishers/the-economist-denise-law/" target="_blank" rel="noopener">the Economist‘s head of social media</a>.Seven things smart <a href="http://www.inc.com/melanie-deziel/7-things-smart-entrepreneurs-do-on-instagram.html" target="_blank" rel="noopener">entrepreneurs do on Instagram</a>.Four ways to get busy people to <a href="http://time.com/money/4461991/get-people-to-read-emails/?xid=soc_socialflow_facebook_realsimple" target="_blank" rel="noopener">read the email</a> you send them.Want to know how Facebook views your political leanings? <a href="http://www.nytimes.com/2016/08/24/us/politics/facebook-ads-politics.html?_r=0" target="_blank" rel="noopener">Here’s the way</a> to find out.

Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group questions Kardashians’ social media posts

Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them. The National Labor Relations Board decided a

Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group questions Kardashians’ social media posts