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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Partner

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

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.

Social Links: Going Back to Cali

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The latest issue of our Socially Aware newsletter is now available <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blte912682ae5c418c7/62730e2edeee7329767e73f0/170420-socially-aware.pdf" target="_blank" rel="noopener">here</a>.In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we examine a Federal Trade Commission report on how companies engaging in cross-device tracking can stay on the right side of the law; we take a look at a Second Circuit opinion that fleshes out the “repeat infringer” requirement online service providers must fulfill to qualify for the Digital Millennium Copyright Act’s safe harbors; we discuss a state court decision holding that Section 230 of the Communications Decency Act immunizes Snapchat from liability for a car wreck that was allegedly caused by the app’s “speed filter” feature; we describe a recent decision by the District Court of the Hague confirming that an app provider could be subject to the privacy laws of a country in the European Union merely by making its app available on mobile phones in that country; and we review a federal district court order requiring Google to comply with search warrants for foreign stored user data.All this—plus an infographic illustrating how emerging technology will threaten U.S. jobs.Read our <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blte912682ae5c418c7/62730e2edeee7329767e73f0/170420-socially-aware.pdf" target="_blank" rel="noopener">newsletter</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

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Now Available: The April Issue of Our Socially Aware Newsletter

Now Available: The April Issue of Our Socially Aware Newsletter

The latest issue of our Socially Aware newsletter is now available here. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging

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

Social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s risk at Practicing Law Institute’s (PLI) 2017 Social Media conference, to be held in San Francisco and webcasted on Thursday, February 2nd.  The conference will be chaired by Socially Aware co-editor John Delaney, and our other co-editor, <a href="https://www.mofo.com/people/aaron-rubin.html" target="_blank" rel="noopener">Aaron Rubin</a>, will also be presenting at the event.Topics to be addressed will include:<ul><li>Key developments shaping social media law</li><li>Emerging best practices for staying out of trouble</li><li>Risk mitigation strategies regarding user-generated content and online marketing</li><li>Legal considerations regarding use of personal devices and other workplace issues</li></ul>Other special features of the conference include: <ul><li>Regulators panel: guidance on enforcement priorities for social media and mobile apps</li><li>In-house panel: practical tips for handling real-world issues</li><li>Potential ethical issues relating to the use of social media by attorneys</li></ul>Don’t miss this opportunity to get up-to-date information on the fast-breaking developments in the critical area of social media and mobile apps so that you can most effectively meet the needs of your clients.For more information or to register, please visit PLI’s website <a href="http://www.pli.edu/Content/Seminar/Social_Media_2017_Addressing_Corporate_Risks/_/N-4kZ1z10oyn?Ns=sort_date%7c0&ID=288996" target="_blank" rel="noopener">here</a>.  We hope to see you there!

Social Media 2017: Addressing Corporate Risks

Social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s

Social Media 2017: Addressing Corporate Risks

“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

A recent decision out of the Northern District of California brings good news for developers of mobile apps that incorporate text messaging functions. Those functions may create the risk of claims under the Telephone Consumer Protection Act, which generally prohibits the delivery of a text message without the recipient’s express consent. But in <a href="https://docs.justia.com/cases/federal/district-courts/california/candce/3:2016cv00805/295817/65" target="_blank" rel="noopener">Cour v. Life360, Inc.</a>, U.S. District Judge Thelton E. Henderson granted defendant Life360’s motion to dismiss a putative TCPA class action after determining Life360 could not be held liable under the TCPA for a text initiated by a user of Life360’s messaging and geolocation application.BackgroundThe plaintiff alleged that he received a single, unsolicited text message from Life360, which operates a mobile application that allows users to text and see the location of fellow users on their contact lists. According to the plaintiff, after users download the application and set up an account, the application requests access to their contact lists so they can invite their friends and family to join. Users choose those in their contacts they wish to invite and then press an “Invite” button on the screen to send the invitations via text message. Users are not told how or when those invitations will be sent.Plaintiff filed claims under the TCPA and California’s Unfair Competition Law (UCL) on behalf of himself and a nationwide class of persons that received at least one text message from or on behalf of Life360. Life360 moved to dismiss both claims.One Text Sufficient to Confer Standing Under SpokeoLife360 first argued that the plaintiff lacked Article III standing because he failed to allege a concrete injury, as required under the U.S. Supreme Court’s decision in <a href="https://supreme.justia.com/cases/federal/us/578/13-1339/" target="_blank" rel="noopener">Spokeo, Inc. v. Robins</a>, 136 S. Ct. 1540 (2016). But the Court rejected that argument, holding that even though the plaintiff received only one text, the invasion of privacy it caused was sufficiently concrete to confer standing.Life360 Not Liable Under the TCPA or UCLThe key disagreement between the parties was whether Life360 or its user was responsible for “initiating” the invitational text message sent to the plaintiff. Relying on guidance from the <a href="https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-72A1.pdf" target="_blank" rel="noopener">Federal Communications Commission’s July 2015 declaratory ruling</a>, the Court ruled that the user—and not Life360—initiated the text to plaintiff, and thus Life360 could not be held liable.The Court reasoned that Life360’s users have to affirmatively choose which of their contacts will receive an invitation and then press the “Invite” button to actually send the invitations. Even though Life360 does not inform its users how or when those invitations will be transmitted, given the TCPA’s purpose of preventing invasions of privacy, “the person who chooses to send an unwanted invitation is responsible for invading the recipient’s privacy even if that person does not know how the invitation will be sent.” Consequently, Life360 could not be held liable for the text message under either the TCPA or the UCL.TakeawayAs this case demonstrates, to mitigate the risk of TCPA liability, developers of messaging software or applications should ensure that any text messages sent through their platforms are initiated by the users themselves through their affirmative conduct.*          *          *For more on the Telephone Consumer Protection Act’s application to text messages, see <a title="Permalink to FCC Rules That Opt-Out Confirmation Text Messages Do Not Violate the TCPA" href="https://www.sociallyawareblog.com/2012/12/10/fcc-rules-that-opt-out-confirmation-text-messages-do-not-violate-the-tcpa/" target="_blank" rel="noopener">FCC Rules That Opt-Out Confirmation Text Messages Do Not Violate the TCPA</a>; <a title="Permalink to G2G, Yo Quiero TB: Taco Bell Found Not Liable for Franchisee Text Message Campaign" href="https://www.sociallyawareblog.com/2012/09/06/g2g-yo-quiero-tb-taco-bell-found-not-liable-for-franchisee-text-message-campaign/" target="_blank" rel="noopener">G2G, Yo Quiero TB: Taco Bell Found Not Liable for Franchisee Text Message Campaign</a>; <a title="Permalink to Face Off: Consumer Sues Hockey Team Over Text Messages" href="https://www.sociallyawareblog.com/2012/07/19/face-off-consumer-sues-hockey-team-over-text-messages/" target="_blank" rel="noopener">Face Off: Consumer Sues Hockey Team Over Text Messages</a>. For more on the TCPA in general, see <a title="Permalink to FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business Community" href="https://www.sociallyawareblog.com/2015/07/27/fcc-clarification-of-the-telephone-consumer-protection-act-provokes-strong-objections/" target="_blank" rel="noopener">FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business Community</a>.

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App Developer Not Liable Under TCPA For User-Initiated Texts

App Developer Not Liable Under TCPA For User-Initiated Texts

A recent decision out of the Northern District of California brings good news for developers of mobile apps that incorporate text messaging functions. Those fun

Instagram now allows users <a href="http://money.cnn.com/2016/08/31/technology/instagram-adds-zoom/" target="_blank" rel="noopener">to zoom in on photos in their feeds</a> 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

The latest issue of our Socially Aware newsletter is now available <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt60f442090c53a750/62730e355f7b601eaaebcd36/160823-socially-aware.pdf" target="_blank" rel="noopener">here</a>.In this issue of Socially Aware, our <a href="https://www.burtonawards.com/winners/law360-distinguished-legal-writing-award-winners-law-firms/" target="_blank" rel="noopener">Burton Award</a> winning guide to the law and business of social media, we discuss the impact online trolls are having on social media marketing; we revisit whether hashtags should be afforded trademark protection; we explain how an unusual New Jersey law is disrupting the ecommerce industry and creating traps for the unwary; we explore legal and business implications of the Pokémon Go craze; we examine a recent federal court decision likely to affect application of the Video Privacy Protection Act to mobile apps; we discuss a class action suit against an app developer that highlights the legal risks of transitioning app customers from one business model to another; and we describe how Europe’s Right to Be Forgotten has spread to Asia.All this—plus infographics illustrating the enormous popularity of Pokémon Go and the unfortunate prevalence of online trolling.

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Now Available: The August Issue of Our Socially Aware Newsletter

Now Available: The August Issue of Our Socially Aware Newsletter

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award winning guide to the law and business

Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but <a href="http://www.vanityfair.com/news/2016/08/facebook-adblock-plus-work-around" target="_blank" rel="noopener">Adblock Plus has already foiled the platform’s efforts</a>, at least for now.A look at Twitter’s 10-year <a href="https://www.buzzfeed.com/charliewarzel/a-honeypot-for-assholes-inside-twitters-10-year-failure-to-s?utm_term=.fx6KOMDxrL#.ytjwx67GJ4" target="_blank" rel="noopener">failure to stop harassment</a>.Are mobile apps killing the web?<a href="http://www.mediapost.com/publications/article/282274/linkedin-sues-to-shut-down-scrapers.html" target="_blank" rel="noopener">LinkedIn sues</a> to shut down “scrapers.”The FTC is planning to <a href="http://adage.com/article/digital/ftc-cracking-social-influencers-labeling-promotions/305345/" target="_blank" rel="noopener">police social media influencers’ paid endorsements more strictly</a>; hashtags like #ad may not be sufficient to avoid FTC scrutiny. <a href="http://www.ft.com/cms/s/0/d200d8c2-5fef-11e6-b38c-7b39cbb1138a.html" target="_blank" rel="noopener">Officials in the UK</a> are cracking down on paid posts, too.Dan Rather, <a href="http://www.theatlantic.com/technology/archive/2016/08/dan-rather-reporting-for-facebook/495431/" target="_blank" rel="noopener">Facebook anchorman</a>.The U.S. Olympic Committee sent letters to non-sponsoring companies <a href="http://www.espn.com/olympics/story/_/id/17120510/united-states-olympic-committee-battle-athletes-companies-sponsor-not-olympics" target="_blank" rel="noopener">warning them against posting about the games</a> on their corporate social media accounts.How IHOP keeps winning the love & affection of its 3.5 million Facebook fans.A Canadian woman whose home was designated a Pokémon Go “stop” is <a href="http://www.cbsnews.com/news/pokemon-go-canada-class-action-lawsuit-gym-home-torrington-alberta/" target="_blank" rel="noopener">suing the app’s creators</a> for trespass and nuisance. We <a href="http://www.sociallyawareblog.com/2016/07/21/pokemon/" target="_blank" rel="noopener">saw that</a> coming.There’s a website dedicated to helping Snapchat users fool their followers into thinking they’re out on the town.Facebook has been wooing premium content owners, but <a href="http://www.wsj.com/articles/tv-companies-resist-facebook-video-deals-1470823203" target="_blank" rel="noopener">TV companies are reportedly resisting</a>.PETA got a <a href="https://www.techdirt.com/articles/20160805/16593335170/primatologist-tells-court-that-macaque-monkeys-are-like-super-smart-so-they-should-totally-get-copyrights.shtml" target="_blank" rel="noopener">primatologist to submit an amicus curiae brief</a> supporting its suit alleging a monkey who took a selfie is entitled to a copyright for the image.