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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A recent ruling by the Ninth Circuit Court of Appeals in Lemmon v. Snap provides a reminder that while Section 230 of the Communications Decency Act provides br

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Ninth Circuit’s Snap Decision Limits Section 230 Immunity

Ninth Circuit’s Snap Decision Limits Section 230 Immunity | Socially Aware

J. Alexander Lawrence

A recent ruling by the Ninth Circuit Court of Appeals in <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/04/20-55295.pdf" target="_blank" rel="noopener">Lemmon v. Snap</a> provides a reminder that while <a href="https://uscode.house.gov/view.xhtml?req=(title:47%20section:230%20edition:prelim)" target="_blank" rel="noopener">Section 230 of the Communications Decency Act</a> provides broad immunity to the owners and operators of websites and mobile apps, that immunity is not without limits.As a refresher, Section 230 provides that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Because of the broad immunity that website owners have enjoyed in the 25 years since its enactment, these have been hailed as the 26 words that created the Internet.The District Court ActionThe case centers around the “Speed Filter” that Snap offered on its popular Snapchat messaging app. Users of the app could send a message to their friends, which would display the speed the user was traveling at the point in time that the message was sent.In May 2017, Jason Davis (age 17), Hunter Morby (age 17), and Landen Brown (age 20) were driving down Cranberry Road in Walworth County, Wisconsin. The boys were traveling at speeds up to 123 MPH. They sped along at these high speeds for several minutes, before they eventually ran off the road and crashed into a tree.  Their car burst into flames.  All three boys died. Shortly before the crash, one of the boys opened Snapchat to document how fast they were traveling.In 2019, the parents of two of the boys commenced an action against Snap, the owner and operator of Snapchat, in the United States District Court for the Central District of California. The parents claimed that Snap was negligent in its design of the Speed Filter.Snap moved to dismiss arguing that the parents had failed to state a claim for negligence and that Snap was in any event immune from suit under Section 230.Under Ninth Circuit authority, Section 230 immunity from liability exists for “(1) provider or user of an interactive computer service (2) whom a plaintiff seeks to treat, under a state law cause of action, as a publisher or speaker (3) of information provided by another information content provider.”In February 2020, without reaching the issue of whether the parents had properly stated a negligence claim against Snap, the district court held that Snap was entitled to Section 230 immunity and dismissed the parents’ claims. The district court held that Section 230 immunity applies where the website merely provides a framework that could be utilized for proper or improper purposes by the user. The district court found that the Speed Filter is a neutral tool, which can be utilized for both proper and improper purposes.  The district court reasoned that the Speed Filter is essentially a speedometer tool, which allows users to capture and share their speeds with others.The district court was guided by the Ninth Circuit’s decision in <a href="https://www.supremecourt.gov/docket/docketfiles/html/public/19-849.html" target="_blank" rel="noopener">Dyroff v. Ultimate Software Grp., Inc.</a> In that case, the plaintiff brought an action against an operator of the “Experience Project” website after her son died from a heroin overdose. The website allowed users to register anonymously, recommended users to join certain groups based on the content of their posts and other attributes and sent email notifications when a user posted content to a group.  The plaintiff’s son posted in a “heroin-related group” regarding where to purchase heroin, received an email notification regarding his post, and ultimately connected off the site to purchase heroin from a contact he made on the site.In Dyroff, the plaintiff argued that the website operator should not receive Section 230 immunity because she was trying to hold the website operator liable for its own “content” — namely, the recommendation and notification functions. The Ninth Circuit disagreed. It held that the website operator was immune from liability under Section 230 because its functions, including recommendations and notifications, were content-neutral tools used to facilitate communications.The Ninth Circuit DecisionOn May 4, 2021, the Ninth Circuit issued its decision in the parents’ appeal from the district court’s dismissal of their claims. <a href="https://www.reuters.com/business/legal/snap-must-face-suit-over-speed-filters-role-deadly-car-crash-9th-circuit-2021-05-04/" target="_blank" rel="noopener">The Ninth Circuit held that Section 230 immunity does not apply to bar the parents’ negligent design claim against Snap in connection with the Speed Filter.</a>The Ninth Circuit held that because the parents’ claim neither treats Snap as a “publisher or speaker” nor relies on “information provided by another information content provider,” Snap does not enjoy Section 230 immunity from this suit. Here the Ninth Circuit noted the parents seek to hold Snap liable for its allegedly “unreasonable and negligent” design decisions regarding Snapchat. And such claims rests on the premise that manufacturers have a duty to exercise due care in supplying products that do not present an unreasonable risk of injury or harm to the public.The Ninth Circuit held that website and app providers continue to face the prospect of liability, even for their “neutral tools,” so long as plaintiffs’ claims do not blame them for the content that third parties generate with those tools.Key TakeawaysIn recent years, Section 230 immunity has come under increased scrutiny with calls for its reform or repeal. Courts have generally recognized that the language of Section 230 is broadly worded and that the immunity that Congress granted to promote the growth of the Internet should be broadly construed. It remains to be seen whether the Ninth Circuit’s Snap decision reflects a movement away from interpreting Section 230 immunity in broad terms. The decision certainly shows that Section 230 immunity has its limits and that those limits will continue to be tested.