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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Newsom Vetoes AI BillCalifornia Governor Gavin Newsom has vetoed <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1047" target="_blank">SB-1047</a>. The controversial bill was intended to establish safety guidelines for artificial intelligence models and would have been the first significant piece of state AI legislation in the country. Though it had many <a href="https://www.latimes.com/entertainment-arts/business/story/2024-09-24/mark-hamill-jane-fonda-joseph-gordon-levitt-sign-letter-in-support-of-ai-safety-bill-sb-1047" target="_blank">high-profile supporters</a>, the Governor ultimately felt the bill went too far and would hamstring the state’s growing AI industry. In a <a href="https://www.gov.ca.gov/wp-content/uploads/2024/09/SB-1047-Veto-Message.pdf" target="_blank">statement to the Senate</a>, Newsom wrote: “While well-intentioned, SB-1047 does not take into account whether an AI system is deployed in high-risk environments, involves critical decision-making or the use of sensitive data. Instead, the bill applies stringent standards to even the most basic functions — so long as a large system deploys it. I do not believe this is the best approach to protecting the public from real threats posed by the technology.” He also announced that the state will partner with several industry insiders, including <a href="https://profiles.stanford.edu/fei-fei-li" target="_blank">Dr. Fei-Fei Li</a> (who opposed the legislation), to develop guardrails around powerful AI models. State Senator Scott Wiener, who introduced the original bill, has <a href="https://www.sfexaminer.com/news/technology/why-gavin-newsom-veto-just-beginning-of-ai-safety-fight/article_dd1dedb8-7f89-11ef-9510-6f396710820a.html" target="_blank">vowed to continue</a> the fight.AI technology is evolving far too quickly for reactive legislation. Will lawmakers emerge who understand the intricacies and implications of artificial intelligence, but also have the political clout to push proactive bills through legislatures? That’s a lot to ask of anyone. Time will tell.SB-976 Becomes Law in CaliforniaThere’s no shortage of news coming out of California. Governor Newsom has signed the <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB976" target="_blank">Protecting Our Kids From Social Media Addiction Act</a> (SB-976) into law, mandating that algorithm-based social media feeds will be inaccessible to children without parental consent. The law also stipulates that social media entities may not send notifications to children overnight or during school hours without express parental permission. The state attorney general is now tasked with outlining a process by 2027 to determine if users are children, which will certainly be controversial. This bill is very similar to <a href="https://www.nysenate.gov/legislation/bills/2023/S7694/amendment/A" target="_blank">legislation recently passed in New York</a> and may be a harbinger of things to come on the national stage. As we’ve <a href="https://www.sociallyawareblog.com/topics/state-social-media-laws-targeted-at-teens-face-opposition" target="_blank">previously reported</a>, parental consent rules run the risk of isolating vulnerable teens, while age-verification requirements may trigger privacy, bias, accuracy, and other concerns (including litigation). We’ll continue to pay close attention as this unfolds.California Deepfake Law BlockedShould political deepfakes be <a href="https://www.politico.com/news/2024/10/02/california-law-block-political-deepfakes-00182277" target="_blank">protected as satire</a>? In Kohls v. Bonta, Judge John A. Mendez of the U.S. District Court for the Eastern District of California ruled that it should. Despite being signed into law on September 17, 2024, <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2839" target="_blank">AB-2839</a> was blocked in Judge Mendez’s court just two weeks later on grounds that the law does not meet the high standard for legislation that may burden protected speech. In rejecting the state’s argument that the law is akin to restrictions on defamation, Judge Mendez wrote: “YouTube videos, Facebook posts, and X tweets are the newspaper advertisements and political cartoons of today, and the First Amendment protects an individual’s right to speak regardless of the new medium these critiques may take.” Read <a href="https://storage.courtlistener.com/recap/gov.uscourts.caed.453046/gov.uscourts.caed.453046.14.0.pdf" target="_blank">Judge Mendez’s extensive ruling</a> in its entirety<a href="https://storage.courtlistener.com/recap/gov.uscourts.caed.453046/gov.uscourts.caed.453046.14.0.pdf">.</a>Privacy Rights Bill VetoedGovernor Gavin Newsom’s veto pen was working overtime as a number of tech-related bills recently landed on his desk. In addition to the aforementioned AI bill, Newsom vetoed <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3048" target="_blank">AB-3048</a>. This law would have mandated that internet browsers and mobile operating systems provide Californians with a simple, single-click option to block the use and sharing of their data. Unsurprisingly, the bill was <a href="https://x.com/jason_kint/status/1834682846125944905" target="_blank">aggressively opposed</a> by major tech entities who argued that implementing such functionality presented too many technical hurdles and would be disruptive to operations for both the companies and the end users. Consumer and privacy rights activists <a href="https://advocacy.consumerreports.org/press_release/california-governor-vetoes-landmark-bill-for-privacy-rights/" target="_blank">strongly disagreed</a>. In his <a href="https://www.gov.ca.gov/wp-content/uploads/2024/09/AB-3048-Veto-Message.pdf" target="_blank">veto statement</a>, Governor Newsom wrote: “I am concerned… about placing a mandate on operating system (OS) developers at this time. No major mobile OS incorporates an option for an opt-out signal. By contrast, most internet browsers either include such an option or, if users choose, they can download a plug-in with the same functionality. To ensure the ongoing usability of mobile devices, it’s best if design questions are first addressed by developers, rather than by regulators.”Though AB-3048 <a href="https://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=202320240AB3048" target="_blank">overwhelmingly passed</a> in both chambers, the California Legislature has not overridden a gubernatorial veto <a href="https://prospect.org/politics/2023-10-16-missing-veto-override-california/" target="_blank">since 1980</a>. As tech is a major economic engine of the state, a veto seems extremely unlikely in this case – despite the Legislature having more than enough votes to do so.X Ordered to Honor Severance AgreementA former Twitter employee who was terminated and offered a reduced severance package after Elon Musk purchased the platform for $44 billion in 2022 <a href="https://www.business-standard.com/world-news/ex-twitter-worker-wins-fight-with-elon-musk-over-unpaid-severance-124092400092_1.html" target="_blank">has prevailed in arbitration</a>. The company, now rebranded as X, was ordered to pay the unnamed employee the full amount owed under the initial severance agreement. It’s possible that this settlement may result in additional severance adjustments for the more than 2,000 former Twitter employees who have filed arbitration grievances after allegedly being denied their contractually agreed severance. Legendary Los Angeles <a href="https://www.youtube.com/watch?v=-ey5agy1blc&list=OLAK5uy_kBru2bFCew4EFmAoCTtT_XrydeTIPT4G0" target="_blank">punk band X</a> was unavailable for comment.

Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.

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.











Anthony Ramirez

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: Going Back to Cali

California Governor Gavin Newsom has vetoed SB-1047. The controversial bill was intended to establish safety guidelines for artificial intelligence models and would have been the first significant piece of state AI legislation in the country. 

In a decision that has generated considerable controversy, a federal court in New York has held that the <a href="https://www.dailydot.com/debug/embed-tweet-copyright/" target="_blank" rel="noopener">popular practice of embedding tweets into websites and blogs can result in copyright infringement</a>. Plaintiff Justin Goldman had taken a photo of NFL quarterback Tom Brady, which Goldman posted to Snapchat. Snapchat users “screengrabbed” the image for use in tweets on Twitter. The defendants—nine news outlets—embedded tweets featuring the Goldman photo into online articles so that the photo itself was never hosted on the news outlets’ servers; rather, it was hosted on Twitter’s servers (a process known as “framing” or “inline linking”). The court found that, even absent any copying of the image onto their own servers, the news outlets’ actions had resulted in a violation of Goldman’s exclusive right to authorize the public display of his photo.If <a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2511" target="_blank" rel="noopener">legislation recently introduced in California</a> passes, businesses with apps or websites requiring passwords and enabling Golden State residents younger than 18 to share content could be prohibited from asking those minors to agree to the site’s or the app’s terms and conditions of use.After a lawyer was unable to serve process by delivering court documents to a defendant’s physical and email addresses, the Ontario Superior Court <a href="http://www.globallegalpost.com/big-stories/canadian-claim-served-by-instagram-4026143/?utm_campaign=D1_06_02_18&utm_medium=email&utm_source=newsletter_d11" target="_blank" rel="noopener">granted the lawyer permission to serve process</a> by mailing a statement of claim to the defendant’s last known address and by sending the statement of claim through private messages to the defendant’s Instagram and LinkedIn accounts. This is reportedly the first time an Ontario court has permitted service of process through social media. The first instance that we at Socially Aware heard of a U.S. court permitting a plaintiff to serve process on a domestic, U.S.-based defendant through a social media account happened <a href="https://www.sociallyawareblog.com/2014/10/16/new-york-family-court-magistrate-allows-unprecedented-service-of-process-via-facebook-will-others-follow/" target="_blank" rel="noopener">back in 2014</a>.Videos that impose celebrities’ and non-famous people’s faces onto porn performers’ to produce believable videos have surfaced on the Internet, and are on the verge of proliferating. Unlike the non-consensual dissemination of explicit photos that haven’t been manipulated—sometimes referred to as “<a href="https://www.sociallyawareblog.com/2014/01/29/keeping-privates-private-the-legal-landscape-of-revenge-porn/" target="_blank" rel="noopener">revenge porn</a>”—this <a href="https://www.wired.com/story/face-swap-porn-legal-limbo/" target="_blank" rel="noopener">fake porn is technically not a privacy issue</a>, and making it illegal could raise First Amendment issues.By mining datasets and social media to recover millions of dollars lost to tax fraud and errors, the IRS may be violating common law and the Electronic Communications Privacy Act, according to an op-ed piece in The Hill.A woman is suing her ex-husband, a sheriff’s deputy in Georgia, for <a href="https://www.cnn.com/2018/03/09/us/facebook-post-ex-husband-police-jail-trnd/index.html" target="_blank" rel="noopener">having her and her friend arrested and briefly jailed for posting on Facebook</a> about his alleged refusal to drop off medication for his sick children on his way to work. The women had been charged with “criminal defamation of character” but the case was ultimately dropped after a state court judge ruled there was no basis for the arrest.During a hearing in a Manhattan federal court over a suit brought by seven Twitter users who say President Trump blocked them on Twitter for having responded to his tweets, the plaintiffs’ lawyer compared Twitter to a “virtual town hall” where “blocking is a state action and violates the First Amendment.” An assistant district attorney, on the other hand, analogized the social media platform to a convention where the presiding official can decide whether or not to engage with someone. The district court judge who heard the arguments refused to decide the case on the spot and encouraged the parties to settle out of court.Have your social media connections been posting headshots of themselves alongside historical portraits of people who look just like them? Those posts are the product of a Google app that matches the photo of a person’s face to a famous work of art, and the results can be fun. But not for people who live in Illinois or Texas, where access to the app isn’t available. Experts believe it’s because <a href="http://money.cnn.com/2018/01/17/technology/google-arts-culture-not-working/index.html" target="_blank" rel="noopener">laws in those states restrict how companies can use biometric data</a>.The stock market is apparently keeping up with the Kardashians. A day after Kim Kardashian’s half-sister <a href="http://money.cnn.com/2018/02/22/technology/snapchat-update-kylie-jenner/index.html" target="_blank" rel="noopener">Kylie Jenner tweeted her frustration with Snapchat’s recent redesign</a>, the company’s market value decreased by $1.3 billion.

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use

In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and 

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use

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 Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app.A Canadian judge ordered a couple convicted of child neglect to post to all their social media accounts his decision describing their crime.Leslie Jones of Ghostbusters highlights Twitter’s trolling problem. One tech columnist says the platform needs to rethink its application programming interface strategy to enable users and communities to insulate themselves from abuse.Don’t drive and Facebook Live.Google erased Dennis Cooper’s 14-year-old blog without warning or explanation. We recently examined the outcome of lawsuits challenging a platform’s right to remove user content (spoiler alert: the platforms usually win).Twitter now lets anyone apply to get verified.Researchers say there’s a correlation between an increase in the psychological stress that teens suffer and the amount of time they’re spending on social media.A Playboy model who “fat-shamed” a woman by photographing her and posting it to Snapchat risks prosecution.Forensic psychologists explain why people post evidence of their crimes to social media.We may soon have a federal law making revenge porn illegal. Our blog post from 2014 took a look at some of the legal issues raised by revenge porn.There’s now a dating app that sets people up on Pokémon Go dates. Want to know more about the most popular mobile game of all time? Read our Pokémon Go Business and Legal Primer.

Social Links: Twitter’s troll problem; Snapchat fat-shamer risks prosecution; a federal anti-revenge-porn law?

Facebook Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app. A Canadian judge ordered a couple con

Social Links: Twitter’s troll problem; Snapchat fat-shamer risks prosecution; a federal anti-revenge-porn law?

Facebook signs more than <a href="http://marketingland.com/facebook-live-contracts-181912" target="_blank" rel="noopener">$50 million worth of deals</a> with media firms and celebrities to create videos for its live-streaming service.<a href="http://variety.com/2016/digital/news/tumblr-live-video-youtube-younow-kanvas-upclose-1201800117/" target="_blank" rel="noopener">Tumblr is jumping on the live video</a> bandwagon, too—but via live-streaming platform partners, not through its own service.C-Span picked up <a href="http://www.nytimes.com/2016/06/24/arts/television/c-span-gun-control-house-sit-in.html?smprod=nytcore-iphone&smid=nytcore-iphone-share&_r=0" target="_blank" rel="noopener">live feeds of the Democratic sit-in</a> over gun-control legislation that representatives shot on Periscope, Facebook Live and other social platforms.Twitter will now let you <a href="https://techcrunch.com/2016/06/24/what-when-where/" target="_blank" rel="noopener">see when tweets are from a specific place</a>, like a business, sports stadium, or music festival.Is Snapchat on its way to becoming the first “<a href="http://qz.com/715103/snapchat-has-quietly-introduced-the-world-to-augmented-reality/" target="_blank" rel="noopener">social augmented reality platform</a>”?An <a href="http://www.cbsnews.com/news/orlando-shooting-prosecutor-fired-facebook-posts/" target="_blank" rel="noopener">Orlando prosecutor was fired</a> for posting offensive statements about the city on social media shortly after the Pulse nightclub shooting.A guy in Australia faces three years in jail for “<a href="https://www.techdirt.com/articles/20160621/08112434772/guy-australia-pleads-guilty-to-criminal-trolling-facebook-faces-3-years-jail.shtml" target="_blank" rel="noopener">criminal trolling.</a>”After a judge running for re-election commented on a case he was presiding over on his campaign page on Facebook, the New Mexico Supreme Court issued <a href="http://nmappellatelaw.com/nm-supreme-court-restricts-judges-use-of-social-media-did-it-go-too-far/" target="_blank" rel="noopener">guidance for judges on social media use</a>.Social Times explains why <a href="http://www.adweek.com/socialtimes/matthew-yeoman-guest-post-lego/641412" target="_blank" rel="noopener">Lego’s social media marketing</a> efforts are worth emulating.Twitter launched <a href="http://www.theverge.com/2016/6/21/11983954/twitter-engage-influencer-app" target="_blank" rel="noopener">a standalone app</a> designed to help famous people interact with their fans and build a bigger following.Speaking of celebrities, here’s a list of <a href="http://www.foxnews.com/entertainment/2016/06/24/7-celebrities-who-refuse-to-use-social-media.html" target="_blank" rel="noopener">seven movie stars</a> who refuse to participate in social media.

Social Links: Livestreaming goes mainstream; social-media-use guidance for judges; three years in jail for trolling?

Facebook signs more than $50 million worth of deals with media firms and celebrities to create videos for its live-streaming service. Tumblr is jumping on the l

Social Links: Livestreaming goes mainstream; social-media-use guidance for judges; three years in jail for trolling?

The Great<a href="http://www.nytimes.com/2016/05/12/technology/the-great-instagram-logo-freakout-of-2016.html?smid=tw-nytimesbusiness&smtyp=cur&_r=0" target="_blank" rel="noopener"> Instagram Logo Freakout</a> of 2016.A UK council policy reportedly grants its members power to spy on residents by <a href="http://www.dailymail.co.uk/news/article-3586927/Fakebook-fury-Uproar-council-awards-powers-set-false-social-media-profiles-spy-law-abiding-locals.html" target="_blank" rel="noopener">setting up fake Facebook profiles</a>.Guess who spends more of their <a href="http://www.irishtimes.com/business/media-and-marketing/rise-in-access-to-social-media-at-work-survey-finds-1.2644419" target="_blank" rel="noopener">workday on social media</a>, women or men?<a href="http://www.nytimes.com/2016/05/14/style/we-saw-what-you-did-there-ijustine.html?module=WatchingPortal&region=c-column-middle-span-region&pgType=Homepage&action=click&mediaId=thumb_square&state=standard&contentPlacement=3&version=internal&contentCollection=www.nytimes.com&contentId=http%3A%2F%2Fwww.nytimes.com%2F2016%2F05%2F14%2Fstyle%2Fwe-saw-what-you-did-there-ijustine.html&eventName=Watching-article-click" target="_blank" rel="noopener">Lessons</a> from one of YouTube’s first (and most successful) stars.Should sharing tragic images on social media be against the law?A team of Google employees proposed adding <a href="http://nyti.ms/1UWr6Wv" target="_blank" rel="noopener">new emojis to represent women</a> in professional situations.Has social media forced everyone to brand themselves?Nearly 500 startup companies offer <a href="http://www.abajournal.com/news/article/nearly_500_startup_companies_offer_tech_solutions_to_legal_industry?utm_source=internal&utm_medium=navigation&utm_campaign=navbar" target="_blank" rel="noopener">tech solutions for the legal industry</a>.Using <a href="http://www.nytimes.com/2016/05/10/opinion/using-tweets-and-posts-to-speed-up-organ-donation.html?action=click&pgtype=Homepage&version=Moth-Visible&moduleDetail=inside-nyt-region-1&module=inside-nyt-region&region=inside-nyt-region&WT.nav=inside-nyt-region&_r=0" target="_blank" rel="noopener">social media to speed up organ donation</a>.<a href="http://www.nytimes.com/2016/05/12/world/europe/periscope-suicide-france.html" target="_blank" rel="noopener">Suicide on Periscope</a> prompts France to open inquiry.Now an online <a href="http://www.techinsider.io/what-is-dead-social-2016-5" target="_blank" rel="noopener">service helps people to prepare their “digital legacy</a>.” Will the “<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">social media assets after death</a>” issue never die? (Sorry, we couldn’t resist.)Study finds <a href="http://www.wbal.com/article/163125/110/social-media-manipulation-is-most-common-form-of-sextortion-study-finds" target="_blank" rel="noopener">social media manipulation</a> is the most common form of sextortion.

Social Links—Instagram’s logo change causes a stir; stats on social media use at work; lessons from a YouTube star.

The Great Instagram Logo Freakout of 2016. A UK council policy reportedly grants its members power to spy on residents by setting up fake Facebook profiles. Gue

Social Links—Instagram’s logo change causes a stir; stats on social media use at work; lessons from a YouTube star.

Defense lawyers who <a href="http://blogs.wsj.com/law/2016/04/19/lawyers-accused-of-facebook-spying-can-face-ethics-complaint-state-high-court-rules/" target="_blank" rel="noopener">checked out the Facebook page of a plaintiff suing their client</a> can be prosecuted for attorney misconduct, New Jersey judge rules.Norwegian band changes its name to avoid “<a href="http://www.billboard.com/articles/news/7318701/norwegian-band-slutface-changes-name-slotface-social-media-censorship" target="_blank" rel="noopener">social media censorship</a>.”Can public agencies control their <a href="http://www.govtech.com/social/Can-Louisiana-Public-Agencies-Control-Employees-Social-Media-Posts.html" target="_blank" rel="noopener">employees’ social media posts</a>?Google has complete discretion over whether or not to grant “<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>” requests. Some people <a href="http://www.nytimes.com/2016/04/19/technology/google-europe-privacy-watchdog.html?_r=0" target="_blank" rel="noopener">question</a> the sense of that.This U.K. bar offers to save its customers from <a href="http://bzfd.it/1rlq4I5" target="_blank" rel="noopener">bad Tinder dates</a>.Why are <a href="http://well.blogs.nytimes.com/2016/04/21/why-do-girls-have-more-anxiety-than-boys/?smid=fb-nytimes&smtyp=cur" target="_blank" rel="noopener">boys at lower risk for the toxic effects of social media</a> than girls?New data indicates that choice of social channel, headlines and post length can <a href="http://www.thedrum.com/news/2016/04/18/facebook-and-linkedin-share-load-b2c-and-b2b-marketers" target="_blank" rel="noopener">maximize shares on social media</a>.Will the new <a href="https://itunes.apple.com/us/app/down-to-lunch/id991526007?mt=8" target="_blank" rel="noopener">Down to Lunch</a> networking app continue to grow in popularity despite hitting some all-too-common <a href="http://www.nytimes.com/2016/04/22/technology/a-hot-app-discovers-virality-and-its-downsides.html?emc=edit_tu_20160421&nl=bits&nlid=69264395&te=1" target="_blank" rel="noopener">social media snags</a>?The NYPD’s anti-encryption #UnlockJustice social media campaign fails. Big time.These puppies <a href="http://www.digitaltrends.com/photography/dogs-on-instagram/" target="_blank" rel="noopener">earn HOW MUCH per Instagram post</a>?! They’d better be in compliance with the FTC’s disclosure rules.To stay abreast of social media-related legal developments, please subscribe to our <a href="mailto:sociallyaware@mofo.com?subject=Please%20Sign%20Me%20Up%20for%20the%20Socially%20Aware%20Newsletter">free newsletter</a>.

Social Links—Facebook-spying litigators; employees’ social media posts; Europe’s Right To Be Forgotten

Defense lawyers who checked out the Facebook page of a plaintiff suing their client can be prosecuted for attorney misconduct, New Jersey judge rules. Norwegian

Social Links—Facebook-spying litigators; employees’ social media posts; Europe’s Right To Be Forgotten

Employers took note last year when the National Labor Relations Board (NLRB) <a href="https://www.nlrb.gov/case/34-CA-012915" target="_blank" rel="noopener">ruled</a> that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of a sports bar violated Section 7 of the NLRA by firing employees for a protected Facebook discussion criticizing the owner’s tax-withholding practices. An employee who referred to the owner as an “asshole” and another employee who merely “liked” the Facebook discussion were both engaged in protected activity, according to the NLRB.Now the Second Circuit has affirmed the NLRB’s ruling. The Court rejected the argument that the employees’ Facebook discussion was unprotected because it amounted to uttering obscenities in the presence of customers. Accepting such an argument, wrote the Court, “could lead to the undesirable result of chilling virtually all employee speech online.”The Court noted that almost all Facebook posts have the potential to be viewed by customers, but in this case the discussion was protected because it was not directed at customers and did not reflect the employer’s brand.In addition, the employees’ Facebook activity did not lose protection simply because it contained obscenities viewed by customers, as such protection “accords with reality of modern-day social media use.”The Second Circuit’s decision signals significant protection of employees’ social media communications, including a Facebook “like.” However, the Court refused to publish its summary order, despite <a href="https://www.nlrb.gov/case/34-CA-012915" target="_blank" rel="noopener">urging</a> from the NLRB, so the decision has no precedential effect.Nonetheless, the takeaway is clear: “Like” it or not, employers should proceed with caution when considering whether to take action against employees for social media postings, even where obscenities are involved. Such is the reality of modern-day online speech.