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Key Issues in Generative AI Transactions

Over the past year, we have seen a dramatic increase in the adoption of AI technologies across industries. Because transactions involving AI technologies can resemble those involving traditional software, like SaaS...more

Social Links: Section 230 Under Scrutiny (Again) From Lawmakers

Section 23o, the “26 words that changed the Internet,” is once again under scrutiny from lawmakers. At the federal level, Republicans and Democrats on the Senate Judiciary panel’s subcommittee on privacy, technology, and...more

Court Holds That Section 230’s Carve Out For “Intellectual Property” Does Not Apply To Publicity Rights Claim In New York

Section 230 of the Communications and Decency Act provides broad immunity to online platforms for claims arising from hosting third-party content (though just how broad is a hot issue that the Supreme Court may decide this...more

Fourth Circuit Addresses Whether the CDA Bars Fair Credit Reporting Act Claims Against Online Background Report Site

Online background report providers have proliferated on the Internet. Consumers with claims against these sites arising under the Fair Credit Reporting Act (FCRA) have faced hurdles under Section 230(c)(1) of the...more

Ninth Circuit Interprets FOSTA Restriction on Section 230 Narrowly

On October 24, the Ninth Circuit ruled that Section 230 of the Communications Decency Act shielded Reddit Inc. from liability under the Trafficking Victims Protection Reauthorization Act (TVPA).The court considered the text...more

Supreme Court to Address Section 230 for First Time

On October 3, 2022, the United States Supreme Court granted certiorari in Gonzalez v. Google LLC, No. 21-1333, to address the scope of Section 230 of the Communications Decency Act....more

Coalition Of State Attorneys General Investigate TikTok’s Potential Harm To Children And Teens

In early March 2022, a coalition of state attorneys general launched an investigation of TikTok to determine whether the social media platform, which is popular among young Americans, causes long-term harm to them....more

Social Links: Behavioral Targeting Under Scrutiny From Lawmakers

Lawmakers on Capitol Hill continue to take aim at social media platforms that collect and use personal information that build algorithms to target individuals across a variety of dimensions when users engage with those...more

Facebook Rebrands As “Meta;” Disables Facial Recognition Capabilities

In late October, Facebook announced that it would change its name to Meta, signaling a shift of the social media giant’s focus toward the metaverse, a virtual space where social media, gaming, augmented reality, virtual...more

District Court Enjoins Controversial Texas House Bill 20

Over the past several years, Section 230 of the Communications Decency Act, the federal law that provides social media platforms with immunity from liability for user content and was once hailed as “the law that gave us the...more

Social Links: Embedding social media posts can be considered copyright infringement…but is it?

Social Links is our ongoing series here at Socially Aware that rounds up current developments at the intersection of social media, policy, research, and the law. Embedding social media posts can be considered copyright...more

Northern District Of California Holds That Section 230 Applies To App Store

While Section 230 of the Communications Decency Act continues to face significant calls for reform or even elimination, the recent Coffee v. Google case illustrates that Section 230 continues to provide broad protection to...more

Role Reversal: Ninth Circuit Rejects Consumer’s Attempt To Enforce Updated Arbitration Provision In Website Terms Of Use

In Stover v. Experian Holdings, the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online...more

S.D.N.Y. Dismisses Defamation Case Arising Out Of “Battle By Tweet”

In Ganske v. Mensch, a defamation suit stemming from a “battle by Tweet,” a federal district court in New York held that the allegedly defamatory statements in the defendant’s Tweet were nonactionable statements of opinion...more

New Copyright Registration Option For Bloggers; AT&T’s Opinion On CDA §230; Questions About Youtube’s Anti-Hate Rules

A federal district court judge in Brooklyn, N.Y., dismissed the complaint in a case filed by Genius, a platform that lets users share and annotate lyrics, holding that the plaintiff’s claims were preempted by copyright law....more

EDNY Refuses To Dismiss on § 230 Grounds In “Shitty Media Men” Defamation Case

In Elliott v. Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the...more

Sweating The Details: Court Analyzes User Interface To Uphold Online Arbitration Clause

Online service providers typically seek to mitigate risk by including arbitration clauses in their user agreements. In order for such agreements to be effective, however, they must be implemented properly. Babcock vs. Neutron...more

Court Discovers Rare And Elusive “Enforceable Browsewrap”

As we have noted many times in prior articles, courts often refuse to enforce “browsewrap” agreements where terms are presented to users merely by including a link on a page or screen without requiring affirmative acceptance....more

S.D.N.Y.: Public Display Of Embedded Instagram Photo Does Not Infringe Copyright

A federal district court in New York held that a photographer failed to state a claim against digital-media website Mashable for copyright infringement of a photo that Mashable embedded on its website by using Instagram’s...more

Social Links: Youtube Bans Some Targeted Ads; Big Changes Afoot On Twitter; Facebook Plans To Remove ‘Deep Fakes’

In a move that might be part of a settlement that YouTube has entered into with the Federal Trade Commission, the video-sharing site said it will ban “targeted” advertisements on videos likely to be watched by children....more

1/14/2020  /  COPPA , Deep Fake , Facebook , Social Media , Twitter , YouTube

Social Links: FTC fights fraudulent online product reviews; Twitter takes another swipe at trolls; Influencers affect everything...

The high-end skincare brand Sunday Riley has settled lawsuits filed by the Federal Trade Commission claiming that the brand’s founder encouraged employees of her eponymous company to set up accounts “under different...more

Insta-Mural Infringement: Public Art in Instagram Ad Leads to Copyright Claim

As regular readers of Socially Aware already know, there are many potential traps for companies that use photographs or other content without authorization from the copyright owners. For example, companies have faced...more

A dating platform’s alleged fraud; a decline in the popularity of popularity metrics; TikTok’s unique AI

Singapore has enacted a law granting government ministers the power to require social media platforms to completely remove or place warnings alongside posts the authorities designate as false....more

The Meme Generation: Social Media Platforms Address Content Curation

It is likely no surprise to regular readers of Socially Aware that posting content to social media can, in some cases, generate significant income. But those who make their living on social media may find their livelihood...more

By Winning Motion to Dismiss, Supermodel Loses Chance to Clarify Whether She Can Lawfully Post Photos of Herself to Social Media

A federal district court dismissed a case against supermodel Gigi Hadid for posting to Instagram a photo of herself that was taken by a paparazzo. The reason for the court’s decision was simple: The party claiming copyright...more

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