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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A nice overview of the rules on researching jurors’ social media accounts in various jurisdictions from Law.com.The importance of appearing at the top of Google search results, especially on mobile devices, is driving retailers to spend more and more on the search engine’s <a href="https://www.nytimes.com/2017/04/23/technology/google-parent-company-alphabet-advertising.html?em_pos=small&emc=edit_tu_20170424&nl=bits&nl_art=1&nlid=69264395&ref=headline&te=1&_r=0" target="_blank" rel="noopener">product listing ads</a>, which include not just text but also the photos of products.Researchers at the Massachusetts Institute of Technology <a href="https://www.digitaltrends.com/cool-tech/mit-construction-robot-3d-print-building/?utm_source=dlvr.it&utm_medium=twitter" target="_blank" rel="noopener">designed a mobile robot that 3D-printed a building that is 50-feet-wide</a> in 14 hours.In the second half of 2016, <a href="https://techcrunch.com/2017/04/27/government-requests-for-facebook-user-data-up-9-in-second-half-of-2016-but-content-restrictions-declined/" target="_blank" rel="noopener">Facebook received 9% more global government requests for users’ account data</a> and—largely because users had stopped posting images of the 2015 Paris terrorist attack victims’ remains, which was against French law—28% fewer global government requests to remove content that violates local law.After Kashmiris posted photos and videos depicting alleged military abuse in the days following a violence-plagued local election, authorities in the Indian-controlled region banned 22 social media sites, claiming it was necessary to restore order.At the UEFA Champions League final in Cardiff, Wales, this summer, British police will pilot a new automated facial recognition (AFR) system to scan the faces of attendees and compare them to a police “persons of interest” database.To show concerned citizens—and criminals—that they mean business, police in an Alabama city are live-broadcasting arrests on Twitter.The <a href="https://www.theguardian.com/technology/2017/apr/25/fitbit-data-murder-suspect-richard-dabate?CMP=twt_a-technology_b-gdntech" target="_blank" rel="noopener">data collected by the physical-activity-tracking device</a> worn by a Connecticut murder victim contradicts the timeline of events given by her husband, a suspect.One of the Kardashians is being sued by a photo agency for allegedly copying a copyrighted photo of her and posting it to her Instagram account.And on the subject of user-generated content, owners of video content that is posted by users to Facebook without authorization can now <a href="https://techcrunch.com/2017/04/27/not-so-freebooting/" target="_blank" rel="noopener">claim ad earnings for the infringing content and set automated rules</a> that will determine when infringing content should be blocked.The editor of the MIT Technology Review provided interesting insights to Chatbots Magazine regarding <a href="https://chatbotsmagazine.com/mit-technology-reviews-jason-pontin-technologists-consistently-underestimate-the-awfulness-of-926b49b4cc98" target="_blank" rel="noopener">the future and current state of artificial intelligence</a>.Police in Silicon Valley arrested a man for allegedly <a href="http://abc7news.com/1915713/" target="_blank" rel="noopener">knocking down a 300-pound security robot</a> while he was intoxicated.

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: Rules for researching jurors via social media; law enforcement and new technologies; Facebook tool allows copyright owners to claim ad earnings from unauthorized video uploads

A nice overview of the rules on researching jurors’ social media accounts in various jurisdictions from Law.com. The importance of appearing at the top of Googl

Social Links: Rules for researching jurors via social media; law enforcement and new technologies; Facebook tool allows copyright owners to claim ad earnings from unauthorized video uploads

New York City’s Conflicts of Interest Board has <a href="http://www.nydailynews.com/new-york/manhattan/nyc-pols-banned-social-media-political-gain-article-1.2980734" target="_blank" rel="noopener">issued guidelines</a> prohibiting elected officials from using official social media accounts for political purposes or having their staff draft content for their personal social media accounts.Congress has begun paving the way for the deployment of autonomous vehicles.Twitter has begun <a href="http://www.businessinsider.com/twitter-abusive-users-time-out-2017-2" target="_blank" rel="noopener">temporarily limiting its account features</a> for users the company identifies as abusive.Google Maps now allows users to <a href="http://venturebeat.com/2017/02/13/google-maps-now-lets-you-create-share-and-follow-lists-of-places/" target="_blank" rel="noopener">create lists and share them</a> with followers.U.S. and Canadian companies can post job openings to their Facebook pages for free.Thanks to millennials, online chat rooms are <a href="http://nypost.com/2017/02/16/social-medias-hot-new-trend-is-actually-from-the-90s/" target="_blank" rel="noopener">making a comeback</a>.With <a href="https://techcrunch.com/2017/02/16/tinder-acquires-wheel-an-app-for-creating-snapchat-like-video-stories/" target="_blank" rel="noopener">Tinder’s acquisition of the video-sharing startup called Wheel</a>, video dating is likely in store for a revival, too.<a href="https://techcrunch.com/2017/02/14/yelp-q-and-a/" target="_blank" rel="noopener">Yelp will be offering a new feature</a> that allows users to ask questions about a venue.Reportedly used by political operatives ranging from White House staffers to EPA workers, <a href="https://www.wired.com/2017/02/white-house-encryption-confide-app/" target="_blank" rel="noopener">encrypted messaging apps have become popular in Washington</a>—and it’s raising legal questions.Warren Buffet is getting into the <a href="https://arstechnica.com/gadgets/2017/02/warren-buffetts-investment-in-wearables-points-toward-the-categorys-future/" target="_blank" rel="noopener">wearables game</a>.Some tips for small businesses on how to manage <a href="http://www.usatoday.com/story/money/columnist/abrams/2017/02/15/rhonda-abrams-why-social-media-killing-your-small-business/97002266/" target="_blank" rel="noopener">a social media presence</a>.

Social Links: Google Maps gets social; Twitter puts trolls in time out; today’s teens take to chat rooms

New York City’s Conflicts of Interest Board has issued guidelines prohibiting elected officials from using official social media accounts for political purposes

Social Links: Google Maps gets social; Twitter puts trolls in time out; today’s teens take to chat rooms

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

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

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

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

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

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

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

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

<a href="http://www.nytimes.com/2016/05/06/business/facebook-bends-the-rules-of-audience-engagement-to-its-advantage.html?_r=0" target="_blank" rel="noopener">Facebook users spend more time</a> on the platform than they spend pursuing any other leisure activity, except TV. Indeed, 1/16th of the average user’s waking time is spent on the platform.The most disliked movie trailer in history, <a href="http://www.cinemablend.com/new/Most-Disliked-Movie-Trailer-History-According-YouTube-128097.html?utm_content=inf_10_3234_2&utm_source=soed&tse_id=INF_ec7dda719701454ba532078edb28b8ec" target="_blank" rel="noopener">according to YouTube</a>.New California law would determine what happens to your Facebook and email when you die. This article explains <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">what’s likely to happen to your social media assets if you die anywhere else</a>.Guess what percentage of U.S. households <a href="http://www.mediapost.com/publications/article/274674/20-have-wearables-15-more-plan-to-get-one.html" target="_blank" rel="noopener">own a wearable</a>?According to the messaging platform’s own CEO, <a href="http://www.universityherald.com/articles/29638/20160502/3-facts-that-say-snapchat-is-not-a-social-media-ceo-statement-included.htm#!" target="_blank" rel="noopener">Snapchat is not social media</a>.<a href="http://www.reuters.com/article/us-twitter-government-ruling-idUSKCN0XT1RK" target="_blank" rel="noopener">Twitter filed a lawsuit</a> arguing it should be allowed to publicly disclose more details about requests for information from the government.Fail! Another <a href="http://nypost.com/2016/05/04/nypds-embarrassing-drop-the-mic-social-media-fail/" target="_blank" rel="noopener">NYPD social media campaign gone bad</a> makes headlines.How your social media profiles make you vulnerable to identity theft, and what you can do about it.Tips for using social media to <a href="http://www.wsj.com/articles/a-travelers-guide-to-social-media-1462461788" target="_blank" rel="noopener">plan your vacations</a> and <a href="http://www.glamour.com/story/6-ways-social-media-can-actually-get-you-a-job" target="_blank" rel="noopener">land a job</a>.

Social Links—The most disliked movie trailer ever; using social media to plan trips and land job interviews; and more.

Facebook users spend more time on the platform than they spend pursuing any other leisure activity, except TV. Indeed, 1/16th of the average user’s waking time 

Social Links—The most disliked movie trailer ever; using social media to plan trips and land job interviews; and more.

January is the month when lists—lists of predictions, lists of trends, lists of feats and lists of failures—pervade social media newsfeeds and publications’ headlines. Here at Socially Aware we’re making an annual tradition of curating a “List of Lists”—an inventory of the roundups that we think will be of most interest to our readership.We’ll update this page throughout the month as additional pertinent content is published.Happy 2016!<h3>Apps</h3><a href="http://www.pcmag.com/article2/0,2817,2391521,00.asp" target="_blank" rel="noopener">The 100 Best iPhone Apps of 2016</a><a href="http://www.pcmag.com/article2/0,2817,2393097,00.asp" target="_blank" rel="noopener">The 100 Best Android Apps of 2016</a><h3>Social Media (General)</h3><a href="http://www.cnbc.com/2015/12/31/whats-ahead-for-social-media-in-2016.html" target="_blank" rel="noopener">What’s ahead for social media in 2016?</a><a href="https://econsultancy.com/blog/67325-11-pivotal-social-media-trends-for-2016/" target="_blank" rel="noopener">11 pivotal social media trends for 2016</a><a href="http://www.huffingtonpost.com/layla-revis/social-media-trends-2016_b_8914190.html" target="_blank" rel="noopener">Social Media Trends 2016</a><a href="http://fortune.com/2015/12/23/2016-social-media-facebook/" target="_blank" rel="noopener">Virtual Reality Takes Off and 4 Other Social Media Trends in 2016</a><a href="http://www.forbes.com/sites/ilyapozin/2014/12/17/15-social-media-companies-to-watch-in-2015/" target="_blank" rel="noopener">Social Media Sites You’ll Be Seeing More of in 2016</a><a href="http://www.nbcnews.com/politics/politics-news/beyond-twitter-other-social-media-platforms-2016-candidates-are-using-n481181" target="_blank" rel="noopener">Beyond Twitter: The Other Social Media Platforms 2016 Candidates Are Using</a><h3>Social Media Content</h3>Top 10 social media misfires of 2015Top Social Media Stories of 2015<a href="http://blogs.wsj.com/washwire/2015/12/07/top-social-media-moments-of-2015/" target="_blank" rel="noopener">Twitter’s Top Social Media Moments of 2015</a><h3>Digital & Social Media Marketing</h3><a href="http://www.theguardian.com/media-network/2016/jan/05/brands-social-media-marketing-2016" target="_blank" rel="noopener">Five things great brands will do differently on social media in 2016</a>20 Things Social Media Professionals Can’t Ignore In 2016<a href="http://blog.hootsuite.com/social-media-skills-2016-podium/" target="_blank" rel="noopener">Skills Social Media Managers Will Need in 2016</a>From Likes To Tweets: Marketing Land’s Top Social Media Marketing Columns Of 2015<a href="http://heidicohen.com/2016-social-media-marketing-plan/" target="_blank" rel="noopener">10 Steps To Improve Your 2016 Social Media ROI</a><a href="https://contently.com/strategist/2016/01/04/21-content-marketing-predictions-for-2016/?utm_source=contently&utm_medium={contently}" target="_blank" rel="noopener">21 Content Marketing Predictions for 2016</a><h3>Legal Tech</h3><a href="http://www.lawsitesblog.com/2015/12/the-10-most-important-legal-technology-developments-of-2015.html" target="_blank" rel="noopener">The 10 Most Important Legal Technology Developments of 2015</a><a href="http://abovethelaw.com/2015/12/4-legaltech-trends-to-watch-for-in-2016/" target="_blank" rel="noopener">4 Legal Tech Trends To Watch For In 2016</a><a href="https://bol.bna.com/what-technologies-will-most-affect-big-law-in-2016/" target="_blank" rel="noopener">What Technologies Will Most Affect Big Law in 2016?</a><h3>Startups</h3><a href="https://www.cbinsights.com/blog/startup-failure-post-mortem/" target="_blank" rel="noopener">146 Startup Failure Post-Mortems</a><a href="http://venturebeat.com/2015/12/28/15-interesting-startups-to-watch-in-2016/" target="_blank" rel="noopener">15 interesting startups to watch in 2016</a><a href="http://www.ceoblognation.com/2015/12/15922/" target="_blank" rel="noopener">10 Business Trends for 2016 Success </a><h3>Tech, Privacy and Social Media Law</h3><a href="http://www.corpcounsel.com/id=1202746471373?keywords=privacy+stories&publication=CC+Corporate+Counsel" target="_blank" rel="noopener">Five Privacy and Security Stories That Mattered in 2015</a>Wired.com’s Predictions on the Intersection of Technology and the Law in 2016<a href="http://www.bbc.com/news/business-35220442" target="_blank" rel="noopener">Tech trends 2016: Cybersecurity in the connected world</a>

Our List of Lists

January is the month when lists—lists of predictions, lists of trends, lists of feats and lists of failures—pervade social media newsfeeds and publications’ hea

Our List of Lists

As a technology law blogger and co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank" rel="noopener">Socially Aware</a>, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology, the Internet of Things (IoT), cloud computing and big data.That list is all over the map, right? Or is it? On closer inspection, these technologies are far more closely intertwined than they may appear to be at first glance.So what’s the connection between, say, social media and the Internet of Things? Or wearable tech and cloud computing?Here’s my theory: These technologies all reflect the ceaseless drive by businesses to collect, store and exploit ever more data about their customers. In short, these technologies are ultimately about selling more stuff to us.With this “grand unifying theory” in mind, one sees how these seemingly disparate technologies complement one another. And the legal challenges and risks they pose become clear.Collection of DataLet’s start with the collection of consumer data. Of the six key trends identified above, four relate directly to such collection: social media, mobile, wearable technology and IoT.When we use the Internet, marketers are tracking our activities; the data generated by our online behavior is collected and then used to target ads that will be more relevant to us.If we spend time on movie sites, we’re more likely to see ads promoting new film releases. If we visit food blogs, we’re going to be served ads selling cookware.Creepy? It can be. But such tracking and targeting make it possible for many website operators to offer online content and services for free. Indeed, many believe that such tracking and targeting <a href="http://www.wsj.com/articles/SB10001424052748703748904575411530096840958" target="_blank" rel="noopener">are essential to the vibrancy of our Internet ecosystem</a>. (Although Google is reportedly experimenting with an offering <a href="http://www.fool.com/investing/general/2014/11/30/google-wants-to-know-how-much-youll-pay-for-ad-fre.aspx" target="_blank" rel="noopener">where one would pay not to see ads while surfing the Web</a>.)In the past, serious limitations existed on the ability of marketers to track and target us. We might have given our name, email and home address to a website, but not much else; now, with social media, we routinely volunteer loads of personal information—our jobs, hobbies, special skills, taste in music and movies, even our “relationship status.” And not just information about ourselves, but our families, friends and colleagues as well. As a result, social media companies have compiled huge databases about us—in Facebook’s case, nearly 1.4 billion of us.Also, not long ago, we surfed the Web from either home or office—limiting the ability to be tracked and targeted while away from those locations. The rise of Internet-connected mobile devices has changed all that, of course—now we can access the Web from anywhere, and mobile devices can pinpoint our location, even when we’re not browsing. Marketers can track our daily journey to and from home to work and back again, even serving us “just in time” discount offers as we pass a clothing store or restaurant.From a marketer’s perspective, social media and mobile are all about expanding the amount and type of customer data that can be collected. Thanks to mobile devices and apps, tracking and targeting are no longer desk-bound and can occur even if a customer is not connected to the Internet.Wearable tech? Like cell phones, wearables make tracking and targeting possible while one is away from a traditional computer or not actively using the Web. These devices can also collect information that cell phones can’t – our heart rate or body temperature, or the number of hours one slept last week.For marketers, the Internet of Things is especially exciting because it raises the possibility of being able to track and target consumers anywhere in their homes, even while they are away from their desktop computers or mobile devices.Imagine your “smart” refrigerator not only determining when you’re low on milk, but offering a 15 percent discount if you were to buy today a quart of milk at your local market. Or your Internet-connected washing machine recommending a new laundry detergent based on its monitoring of your laundry loads.Another hot technology trend – commercial drones – is relevant here. Although unmanned aerial vehicles (UAVs) have generated attention for their ability to <a href="http://www.amazon.com/b?node=8037720011" target="_blank" rel="noopener">facilitate package delivery</a> and <a href="http://www.independent.co.uk/news/world/americas/widening-the-net-facebook-drones-to-cover-world-in-wifi-9222334.html" target="_blank" rel="noopener">accommodate WiFi access</a>, they can be used to <a href="http://venturebeat.com/2015/02/23/drones-over-head-in-las-valley-are-tracking-mobile-devices-locations/" target="_blank" rel="noopener">collect data on consumers</a> when <a href="http://www.pcworld.com/article/2904692/epic-appeals-to-court-for-faa-drone-privacy-rules.html" target="_blank" rel="noopener">they’re outdoors or near a window</a>, even when they are without cell phones, wearables or other devices used to track their movement and activities.Ingestibles—“smart” pills containing sensors that are swallowed, <a href="http://blogs.gartner.com/michael-shanler/wearable-devices-ha-whats-your-appetite-for-ingestibles/" target="_blank" rel="noopener">allowing the collection of data within one’s body</a>—are a nascent technology that, as they become more widely used, may ultimately fit into this theory.Storage of DataWith social media platforms, mobile, wearable and IoT devices and UAVs collecting information on an unprecedented scale, that data needs to be stored somewhere. Enter the cloud. All of these new technologies depend heavily on the massive storage capacity made possible by cloud systems; it wouldn’t be cost effective otherwise. (Case in point: A 2013 study revealed that<a href="http://www.sciencedaily.com/releases/2013/05/130522085217.htm" target="_blank" rel="noopener"> 90% of all the data in the world had been collected over the prior two years</a>.)Exploitation of DataOnce all this data has been collected and stored in the cloud, what then?That’s where big data enters the picture. Big data is providing companies with the analytic tools for sifting through these inconceivably large databases in order to exploit the bits therein.For example, that photo you uploaded to Instagram can now be analyzed for marketing opportunities. Perhaps you were holding a bag of potato chips; using big data analytics, the chip maker could target you in its next online ad campaign. Or maybe a competing snack company wants to entice you to switch brands. Why stop there? What about the shirt that you were wearing? And that pair of jeans? (I’ve written on the application of big data analytics to the billions of photos hosted on social media sites <a href="https://www.sociallyawareblog.com/2014/08/05/picture-this-online-photos-and-big-data/" target="_blank" rel="noopener">here</a>.)Similarly, information collected from wearables, when processed by big data tools, opens up new opportunities for marketers. Your pulse rate may be of interest to the health care industry. Your jogging workouts may attract attention from retailers of athletic shoes and clothing.But the mother lode just might be all of the marketing insights to be generated by big data analytics stemming from multiple IoT devices in one’s home—the thermostat, stove, refrigerator, coffee machine, toaster, washer/dryer, humidifier, alarm clock and so on: for the first time ever, marketers will have access to real-time information regarding once-private quotidian activities.Legal ConsiderationsSo that’s my theory: The adoption of today’s hottest IT technologies is being driven in large part by the insatiable desire of businesses to collect and store ever-larger amounts of consumer data, and to then use that data to more successfully market to consumers. When these technologies are viewed in light of this theory, some key legal observations emerge.First, because these technologies all involve the collection, storage and exploitation of consumer data, privacy and data security are necessarily raised and indeed are the most important legal considerations. That’s not meant to minimize intellectual property, product liability and other legal concerns associated with these technologies; privacy and data security laws, however, are the ones specifically designed to regulate the collection, use and exploitation of consumer data.Second, these technologies are being developed and implemented far faster than the ability of legislators, regulators and courts to develop rules to govern them. It will be essential for companies embracing these technologies to self-regulate—failure to do so will result in an inevitable backlash, leading to burdensome regulations that will undermine innovation.Third, these technologies will present real challenges to the majority of companies that want to “do the right thing” by their customers. For example, consumers ideally should be provided with notice and an opportunity to consent prior to the collection, storage and exploitation of their personal information, but how can this be done through, say, a smart electric toothbrush? These issues need to be addressed early in the development cycle for next-generation products—it can’t be an afterthought. Moreover, are customers receiving real, tangible value in connection with the data being collected from them?Fourth, as our social-media pages, devices and appliances become more closely tied together, and linked to massive troves of data about us in the cloud, businesses need to be aware that it takes only one weak link to put the entire ecosystem at risk. Hackers will no longer need to bypass your computer or phone’s security to capture personal data; they may be able to access your records through, say, an Internet-enabled toaster that lacks adequate security controls.Finally, companies need to pay attention to whether they need to collect all the data that can be collected through these technologies. Ideally, they should seek to minimize the amounts of personally identifiable information they hold, in order to reduce privacy- and security-related legal risks, and liability.No doubt this last recommendation may be hard for many marketers to embrace; after all, data-gathering is in their DNA. And that same hard-wiring is in all of our DNA—the original source code for data collection, storage and exploitation. We wouldn’t be human without it.(This is an expanded, “director’s cut” version of an op-ed piece that <a href="http://www.marketwatch.com/story/heree-my-grand-unifying-theory-of-todays-tech-trends-2015-05-12?page=2" target="_blank" rel="noopener">originally appeared</a> in <a href="http://www.marketwatch.com/">MarketWatch</a>.)

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Toward a Grand Unifying Theory of Today’s Tech Trends

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist wo

Once the hottest new technology innovation around, <a href="http://www.bbc.com/news/technology-30831128" target="_blank" rel="noopener">Google Glass was put out to pasture yesterday</a>, at least for the near future.In the tech industry, we generally assume that a game-changing product like Glass will somehow find a way to thrive, especially with Google’s virtually unlimited resources behind it. So why did Glass suffer this major setback?I don’t have an answer. But I wonder if the relentless stream of negative publicity–often unreasonably negative publicity–about Glass may have contributed to consumers’ reluctance to embrace the product.Consider, for example, the following items:<ul><li>A <a href="http://jama.jamanetwork.com/article.aspx?articleid=1920958" target="_blank" rel="noopener">recent study</a> allegedly showing that Google Glass can partially obstruct the wearer’s peripheral vision received widespread <a href="http://www.reuters.com/article/2014/11/04/us-google-glass-vision-idUSKBN0IO28R20141104" target="_blank" rel="noopener">coverage</a> in the popular press. The study found that, even when the device is turned off, Google Glass’s hardware creates a blind spot in the upper right area of the wearer’s visual field. But, remarkably, this “study” was based on the experiences of only three people–hardly a statistically significant sample. (Most statisticians agree that, for a test to produce a meaningful result, there should be <a href="http://www.tools4dev.org/resources/how-to-choose-a-sample-size/" target="_blank" rel="noopener">at least 100 subjects involved</a>.)</li></ul><ul><li>Another <a href="http://www.ncbi.nlm.nih.gov/pubmed/25306386" target="_blank" rel="noopener">recent study</a> <a href="http://www.cnn.com/2014/10/15/health/google-glass-addiction/" target="_blank" rel="noopener">picked up by the news media</a> described the Navy’s Substance Abuse and Recovery Program’s treatment of a 31-year-old serviceman for alcoholism and “significant frustration and irritability related to not being able to use his Google Glass,” as a case of “Google Glass addiction,” as if that were an established disorder (it’s not). At least the “obstructed peripheral vision” study noted above involved three participants; this “study” involved only a single subject.</li></ul><ul><li>A social media consultant’s claims that <a href="http://sanfrancisco.cbslocal.com/2014/02/26/google-glass-attack-against-social-media-consultant-spurs-huge-backlash/" target="_blank" rel="noopener">her Glass device was knocked off her face in a San Francisco bar</a> received extensive national and even <a href="http://www.dailymail.co.uk/news/article-2590135/I-want-white-trash-tape-Google-Glass-wearer-bar-fight-releases-footage-fracas.html" target="_blank" rel="noopener">international press coverage</a>, generally inciting not sympathy, but ire, for the consultant; news stories reporting her version of the events received a flood of negative comments and prompted a barrage of social media posts blaming the Google Glass wearer for “her failure to perceive the negative reception by bar patrons of her wearing the device and her decision to begin recording video as the situation escalated,” according to <a href="http://sanfrancisco.cbslocal.com/2014/02/26/google-glass-attack-against-social-media-consultant-spurs-huge-backlash/" target="_blank" rel="noopener">one news outlet</a>. A number of bars <a href="http://www.businessinsider.com/google-glass-ban-san-francisco-2014-3" target="_blank" rel="noopener">reportedly banned Glass in the wake of the incident</a>.</li></ul><ul><li>It was <a href="http://www.wired.com/2014/06/google-glass-snoopers-can-steal-your-passcode-with-a-glance/" target="_blank" rel="noopener">widely reported</a> last year that Glass would make it easier for eavesdroppers to steal ATM and tablet users’ PINs and passcodes–not because Glass’s technology makes it superior for those purposes, but because Glass is allegedly less conspicuous than, say, a smartphone with a camera. But the fact that Glass lights up when in use would seem to make it an awkward tool for spying on people using ATMs and tablets in public.</li></ul>Even a cursory Google search will turn up many other articles warning us of the perils of Glass. (We covered anti-Glass sentiment in greater detail in a <a href="https://www.sociallyawareblog.com/2013/09/09/peering-into-the-future-google-glass-and-the-law/" target="_blank" rel="noopener">blog post</a> last year.)  But I don’t mean to suggest that the press was solely responsible for anti-Glass hysteria; governments and big business did their part to stoke consumer fears.For example, several state legislatures have been considering bills that would make it illegal to wear Google Glass while driving. As a practical matter, <a href="http://blogs.wsj.com/law/2014/08/13/proposed-google-glass-driving-restrictions-are-unenforceable-says-professor/" target="_blank" rel="noopener">for such legislation to be effective</a>, it would have to forbid motorists from wearing any head-mounted device, whether or not it’s in use–a police officer cannot be expected to know whether a person behind the wheel actually had her Glass device turned on while she was driving.The federal government also jumped on the anti-Glass bandwagon. In May 2013, for example, a bipartisan caucus of U.S. congressmen sent Google an <a href="http://www.scribd.com/doc/141962016/Congress-Inquires-About-Google-Glass" target="_blank" rel="noopener">inquiry</a> regarding a variety of privacy matters. In response to that inquiry, Google <a href="http://www.forbes.com/sites/petercohan/2013/06/03/google-shivs-developers-by-nixing-glass-facial-recognition/" target="_blank" rel="noopener">announced</a> in June 2013 that it would not allow applications with facial recognition on Google Glass. It’s remarkable that, even in these bitterly partisan times, Glass fears could unite Democrats and Republicans.Regulators in other countries <a href="https://www.sociallyawareblog.com/2014/06/27/google-glass-into-europe-a-small-step-or-a-giant-leap/" target="_blank" rel="noopener">entered the fray</a> as well, <a href="https://www.priv.gc.ca/media/nr-c/2013/nr-c_130618_e.asp" target="_blank" rel="noopener">writing</a> to Google to complain that they had not been approached by Google to address Glass-related privacy concerns.Further, all types of businesses and organizations have rushed to ban Glass–bars, restaurants, banks, schools, hospitals, museums, casinos, circuses, strip clubs and so on. Some of these bans, of course, make sense, but others do not; interestingly, history informs us that the revolutionary Kodak camera, upon its introduction in 1888, was banned from beach resorts and even the Washington Monument.In any event, it’s hard to imagine any product, no matter how innovative, surviving the barrage of negative developments related to Glass. Everywhere one looked, the message was that Glass had the potential to do damage–damage to its user’s physical and mental health, damage to its owner’s integrity, damage to the privacy of bystanders, damage to other motorists, damage to a business establishment’s income.I don’t mean to suggest that Glass didn’t raise some legitimate privacy concerns–it did. And so does the Internet. And social media. And mobile phones. And the Internet of Things. And even the Kodak camera, for that matter.Now that Glass is no longer with us, perhaps we can look at it with clearer vision. Is it possible that all of the relentless criticism of Glass was, well, short-sighted?

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Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass?

Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass?

Once the hottest new technology innovation around, Google Glass was put out to pasture yesterday, at least for the near future. In the tech industry, we general

Google Glass (“Glass”) is the most high profile of the new wearable technologies that commentators predict will transform how we live and work.Until now, the Android-powered glasses were only available in the U.S.  However, as of this week, Glass has been launched in the UK. Now, if you are 18 years old, have a UK credit card and address and a spare £1,000, you can purchase your own Glass and see what the fuss is all about.Google has stated that it selected the UK for its second market because “[the UK] has a history of embracing technology, design and fashion and … there’s a resurgence happening in technology in the UK”.  But perhaps it is also because the UK’s data protection regulator, the Information Commissioner’s Office (ICO), has a reputation for being one of the more pragmatic privacy regulators in Europe. Because, for all its exciting technological benefits, Glass raises some thorny legal issues, in particular in relation to privacy.  In this alert we will address some of those key issues.WHAT IS GOOGLE GLASS?As many readers will already be aware, Glass is a form of wearable technology that gives its users hands-free access to a variety of smartphone features by attaching a highly compact head-mounted display system to a pair of specially designed eyeglass frames. The display system connects to a smartphone via Bluetooth. Glass can run specialised Android apps known as “Glassware”. In its current form, Glass can pull information from the web, take photographs, record videos, make and receive phone calls (via the Bluetooth smartphone connection), send messages via email or SMS, notify its user about messages and upcoming events, and provide navigation directions via GPS.  Although Glass is still in the testing stage and boasts only a modest set of features, the prototype device has already caused quite a stir. In particular, it has some triggered significant privacy concerns.PRIVACYIn terms of privacy, Glass throws up a variety of issues. Due to its functionality, Glass is likely to process two types of data relating to individuals: (i) personal data and meta data relating to the wearer of the Glass (“Glass User”) and (ii) personal data and meta data relating to any member of the general public who may be photographed or recorded by the Glass User (“Public”).  In June 2013, a group of regulators and the Article 29 Working Party, wrote to Google inviting Google to enter into a dialogue over the privacy issues relating to Glass. The letter pointed out that the authorities have long emphasised the importance of privacy by design, but added that most of the authorities had not been approached by Google to discuss privacy issues in detail. In Google’s response it stated that protecting the security and privacy of users was one of its top priorities. Google also identified various steps that it has taken to address privacy concerns, including a ban on facial-recognition Glassware.PERSONAL DATA OF GLASS USERAs with any smartphone, Google will collect personal data and other meta-data relating to each Glass User. Google will need to comply with its obligations under the UK’s Data Protection Act 1998 (DPA). A key element of such compliance will be putting in place an appropriate privacy policy for Glass Users. However, to date, Google has encountered some difficulties in this regard.Indeed, in July 2013, the ICO wrote to Google confirming that Google’s updated privacy policy raised serious questions about its compliance with the DPA. In particular, the ICO believed that the updated policy did not provide sufficient information to enable UK users of Google’s services to understand how their data will be used across all of the company’s products. It stated that Google must amend its privacy policy, and failure to take necessary action would leave the company open to the possibility of formal enforcement action.Google has argued consistently that its privacy policy complies with EU data protection law. To date, no formal action has been taken by the UK, although Google has faced action elsewhere in Europe (e.g. in Spain).PERSONAL DATA OF PUBLICGlass Users who take photographs or video/audio footage of the Public in a recreational capacity will not be subject to the DPA because they can rely on the “domestic purposes” exemption.  However, if Glass Users take photographs or footage for work purposes, their employers will need to ensure compliance with the DPA (see below).Google states that Glass was designed with privacy in mind and argues that Glass poses no greater privacy risk to the Public than a smartphone with inbuilt camera.  However, critics point out that taking a photograph or video/audio footage with a smartphone is very different from taking a photograph or video footage with a more discreet wearable device like Glass.  Further, the Bluetooth connection between Glass and the Glass User’s smartphone allows the possibility of real-time facial recognition, which raises a more detailed set of privacy concerns for the person identified (for example, his/her identity and location will be logged by the technology provider in the form of meta-data, whether he/she consents or not).In response to these concerns, Google appears to be taking steps to implement changes to protect privacy.  Google announced on June 3, 2013, that it would not allow applications with facial recognition on Glass. However, banning facial-recognition apps does not address the concern that people photographed or videoed by a Glass User, whether in a “zone of privacy” or in a public place in which there is no reasonable expectation of privacy, might not know what has happened.  To deal with this point, Glass does limit a user’s ability to take photos to cases where the Glass User either speaks an audible command or makes a visible swipe on the device’s tactile sensor,  and limits video recordings to 10 seconds in length without a Glass User holding on to the tactile sensor.Accordingly, as it is with smartphones today, we expect that the use of Glass in public spaces will need to be regulated via a combination of: (i) social norms; and (ii) rules enforced by the businesses operating in those spaces. Indeed, in the U.S., various establishments (including restaurants, bars, cinemas and casinos) have, to date, banned the device from their premises and it has been reported that certain UK cinemas, gyms and cafes are planning to implement rules about the wearing of Glass in their establishments.  Google has itself published a guide for Glass users entitled “How not to be a Glasshole”GLASS IN THE WORKPLACE: KEY ISSUES FOR COMPANIESFor some time commentators have identified a variety of potential uses for Glass in the workplace. The benefit of having access to information on a hands-free basis could be hugely advantageous to a variety of workers, including medical professionals and fire officers. There are also clear advantages for certain professionals, such as police officers and security guards, to be able to make contemporaneous recordings whilst on duty. But with Virgin Atlantic Upper Class staff recently conducting a trial use of Glass, its potential application in the workplace is far broader than you might initially anticipate.Indeed, earlier this month Google launched the first round of its ‘Glass at Work’ programme, which is intended to encourage the development of Glassware in the form of enterprise applications. Its first partners include the provider of content for live broadcasts and context-aware applications for the sports, entertainment, building/security and medical industries; a provider of museum guides; and the provider of apps for the energy, manufacturing and health care sectors.Any company implementing Glass at Work will need to ensure that it complies with its obligations under the DPA, in terms of the processing of personal data relating to both employees and third parties.  Note that although there is currently no specific guidance from the ICO on Glass (or any wearable tech, generally), there is some (currently draft) guidance which affects “body worn video cameras”. This guidance is in the form of a revised CCTV code of practice  which was launched by the ICO for consultation at the end of May 2014 (“Code”). The consultation concludes on 1 July 2014.  This guidance is not directly on point, but offers some high level direction.Despite the absence of specific guidance from the ICO or any regulator, there are key issues that any organization should take into consideration in light of the new wearable technologies that are proliferating:<ul><li>Ensure data protection compliance: <ul><li>carry out a privacy impact assessment to ascertain whether use of Glass is justified, necessary and proportionate, as opposed to less privacy-intrusive alternatives;</li><li>take a “privacy by design” approach. If Glass is identified as the most appropriate equipment for your purposes, ensure that its use is restricted so that it does no more than is necessary for its specified purpose;</li><li>establish who has responsibility for the control of information, e.g. deciding what is recorded, how the information should be used and to whom it may be disclosed;</li><li>ensure that appropriate privacy notices are provided to individuals who may be recorded;</li><li>avoid using Glass to record audio, as this is unlikely to be justified;</li><li>delete information as soon as it is no longer required;</li><li>where any personal data collected via Glass is to be shared with third parties, ensure that appropriate contractual arrangements are put in place; and</li><li>regularly review whether use of Glass continues to be justified.</li></ul> </li><li>Make all necessary adjustments to contractual documentation to take account of the use of Glass, including the collection of personal data and meta-data via the device.</li><li>Put in place policies which make clear when and where Glass can be worn and which prohibit covert recording, and carry out all necessary training on these.  For example, as with smartphones, there may be some particularly sensitive buildings or locations where Glass is not permitted.</li><li>Put in place appropriate technical security measures to protect the personal data and other sensitive information collected via Glass.</li><li>Have in place appropriate procedures to wipe Glass if stolen or lost.</li><li>Monitor use of Glass by employees and ensure that all Glass are returned prior to employees leaving the company.</li><li>Take steps to ensure that confidential information and intellectual property is not compromised as a result of the use of Glass in the workplace.</li></ul>CONCLUSIONThe market for wearable tech has grown significantly in the last few months, and all the signs are indicating that it is going to keep on growing.  Glass is just the next step in this market which now also boasts smart-watches, rings, brooches and other wearable devices.  Google is testing the waters in the UK and, despite the significant concerns referred to above, it seems very likely that this “small step” from the U.S. to the UK is going to lead to a “giant leap” in the spread and take-up of wearable technology.

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Google Glass Into Europe – A Small Step or a Giant Leap?

Google Glass Into Europe – A Small Step or a Giant Leap?