Socially Aware

March 26, 2020 - DMCA, Privacy, User-Generated Content, Copyright, Section 230 Safe Harbor
Social Links: Biden’s stance on CDA §230; liability for user-generated content; Twitter’s process for reviewing Trump’s tweets
By: Anthony M. Ramirez
A federal district court in Illinois allowed claims for vicarious and direct copyright infringement to proceed against an employee of the Chicago Cubs Baseball Club for retweeting a third-party tweet containing the plaintiff’s copyrighted material. Read the opinion. Thinking of backing Biden in November? Would
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March 03, 2020 - Endorsement Guides, Data Security, Privacy
Fake News & Paid Reviews: FTC Seeks Comments on its Endorsement Guides
By: Julie O'Neill
The Federal Trade Commission (FTC) appears to be using its ongoing review of current rules and guides to revisit its approach to driving home the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be
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February 10, 2020 - Contracts, Web Scraping, Privacy, Copyright, Litigation
Clearview AI and the Legal Challenges Facing Facial Recognition Databases
By: J. Alexander Lawrence
Every day, social media users upload millions of images to their accounts; each day 350 million photos are uploaded to Facebook alone. Many social media websites make users’ information and images available to anyone with a web browser. The wealth of public information available
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October 31, 2019 - Data Security, Privacy
We’re Sorry, Your Service (Provider) Is Limited: The IAB CCPA Compliance Framework
By: Julie O'Neill
In a move likely welcomed by publishers seeking a solution to honoring “sale” opt-outs in the interest-based advertising space, the Interactive Advertising Bureau last week released the IAB California Consumer Privacy Act Compliance Framework for Publishers and Technology Companies. The IAB is the trade
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October 23, 2019 - Data Security, Privacy
Cookies: A Coming-of-Age Story
By: Mercedes Samavi and Alja Poler De Zwart
One of the most recent chapters in the ongoing EU cookies saga has come in the form of a recent ruling by the Court of Justice of the European Union (CJEU) in the Planet49 case. The CJEU ruled that: (i) implied consent is not
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October 02, 2019 - Data Security, Privacy, Right To Be Forgotten
Forget Me…or Not: Europe’s High Court Limits Territorial Reach of Right to Be Forgotten, But Not of GDPR
By: Alex van der Wolk
In a landmark ruling, the European Court of Justice—Europe’s highest court—dealt Google a clear win by placing a territorial limit on the “right to be forgotten” in the EU. The court’s holding in Google v. Commission nationale de l’informatique et des libertés (CNIL) clarifies
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September 25, 2019 - Data Security, Privacy
Effective October 1: Nevada “Do Not Sell” Requirements for Website Operators
By: Julie O'Neill
In just over a week, on October 1, 2019, key amendments to Nevada’s online privacy law will take effect. We previously detailed the amendments. In brief: Consumers have the right to opt out of the sale of their personal information. The law gives Nevada
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September 16, 2019 - Data Security, Web Scraping, Marketing, Privacy, Cybersecurity
Ninth Circuit’s LinkedIn Decision Does Not Greenlight the Unauthorized Web Scraping of Public Websites
By: J. Alexander Lawrence
A recent decision from the Ninth Circuit Court of Appeals in a dispute between LinkedIn and hiQ Labs has spotlighted the thorny legal issues involved in unauthorized web scraping of data from public websites. While some may interpret the LinkedIn decision as greenlighting such
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September 11, 2019 - FTC, Data Security, Privacy, COPPA, Compliance
The Company Who Cried “General Audience”: Google and YouTube to Pay $170 Million for Alleged COPPA Violations
By: Julie O'Neill
Last week, the Federal Trade Commission made clear that child-directed parts of an otherwise general audience service will subject the operator of the service to the Children’s Online Privacy Protection Act (COPPA). Just six months after the FTC’s record-setting settlement against TikTok, the FTC announced
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August 06, 2019 - Data Security, Privacy, COPPA
Back to School Early: FTC Seeks Comments to COPPA Rule Ahead of Schedule
By: Julie O'Neill
Advancements in technology appear to have spurred the Federal Trade Commission to initiate a review of its rule promulgated pursuant to the Children’s Online Privacy Protection Act (the “COPPA Rule” or “Rule”) four years ahead of schedule. Last week, the FTC published a Federal
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