Technology & Marketing Law Blog

DECEMBER 30, 2021

The district court enjoined the law , and Florida appealed to the 11th Circuit. As you’ll see, this post spends most of its words critiquing the Knight First Amendment Institute brief, which claims to oppose the Florida law but unintentionally (?) Such a law plainly triggers (and flunks) strict scrutiny.

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Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”.

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Social Media Ownership Contracts Privacy 90

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

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Social Media Government Designs Design 106

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. Image Sources: Shutterstock] This situation gave rise to a conundrum surrounding the issue of data privacy.

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Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order.

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IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

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Designs Design Social Media Privacy 57

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

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Michael Geist

MAY 16, 2024

When I first wrote about the arrival of Bill S-210 in the House of Commons back in December, I dubbed it the most dangerous Canadian bill you’ve never heard of and warned that “ Senate private members bills rarely become law, but this bill is suddenly on the radar screen in a big way.”

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Technology & Marketing Law Blog

JANUARY 27, 2022

This is my annual review of the Internet Law highlights of the prior year. I’ve posted a 2021 year-in-review post for emoji law , and I will post a separate Section 230 year-in-review soon. First, governments can never successfully operate a social media service. Social Media Dumps Trump.

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Social Media Law Privacy Government 127

LexBlog IP

MARCH 8, 2024

While the intentions may be pure, the AADC raises serious constitutional issues related to the compelled speech aspects of the law. The court explained that the State’s own expert, Dr. Radesky, testified that the product designs are what presents digital risks for children. The reason?

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Designs Design Social Media Privacy 52

Michael Geist

DECEMBER 14, 2023

But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention. Those notices can include the steps the agency wants followed to bring the site into compliance.

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Law Social Media Government Privacy 145

LexBlog IP

NOVEMBER 15, 2021

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 infringement.but is it?

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Social Media Copyright Infringement Copyright Copying 52

IPilogue

SEPTEMBER 7, 2021

Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . In August, Apple made headlines by introducing new privacy features in their upcoming software updates. Over the years, Apple has cultivated a strong reputation as a protector of consumer privacy. Photo by Jimmy Jin ( Unsplash ).

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Technology & Marketing Law Blog

SEPTEMBER 16, 2022

When a proposed new law is sold as “protecting kids online,” regulators and commenters often accept the sponsors’ claims uncritically (because…kids). The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. This is unfortunate because those bills can harbor ill-advised policy ideas.

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Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

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Technology & Marketing Law Blog

JANUARY 13, 2024

Guardian : Australia will not force adult websites to bring in age verification due to privacy and security concerns US * California AB-1394 : Commercial sexual exploitation: child sexual abuse material: civil actions: (g) (1) A social media platform shall not knowingly facilitate, aid, or abet commercial sexual exploitation. (2)

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Social Media Reporting Designs Design 68

LexBlog IP

MARCH 30, 2023

As artificial intelligence, also known as “AI” becomes more of a household word, it is worth pointing out not only how cool it can be, but also how some uses raise privacy concerns. Examples of this are evident in the massive explosion of smartphones and social media.

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Privacy Social Media Technology Publishing 40

LexBlog IP

JULY 13, 2021

The world of competitive video gaming implicates a complicated patchwork of privacy laws, and esports companies need to keep in mind some key issues when assessing privacy and cybersecurity obligations. There are many different laws that impact the ability to collect information. Collecting information. Using information.

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Technology & Marketing Law Blog

SEPTEMBER 19, 2023

Many state legislatures draft Internet regulations without any genuine concern for whether or not the laws violate the First Amendment. As a result, state legislatures, both red and blue, are producing a flood of Internet censorship laws will tie up the courts for years. Griffin , 2023 WL 5660155 (W.D. Void for Vagueness.

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Social Media Privacy Law Government 125

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. This claim is also barred by Section 230.

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Social Media Designs Design Privacy 104

IPilogue

OCTOBER 12, 2021

Its AI is designed to detect and prevent crimes. Clearview’s AI crawls the internet and can access, download, and store any image uploaded to social media. Many social media companies, including Google, Facebook, and Twitter, have accused Clearview of utilizing user images without authorization.

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Social Media Privacy Technology Reporting 110

Technology & Marketing Law Blog

JULY 11, 2021

NY Times : What Happened When Trump Was Banned on Social Media. * NY Times : Mark Zuckerberg and Sheryl Sandberg’s Partnership Did Not Survive Trump. * “ False Accusation: The Unfounded Claim that Social Media Companies Censor Conservatives.” Alba Web Designs, LLC, 2021 WL 280065 (W.D. Facebook, Inc.

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Technology & Marketing Law Blog

JANUARY 26, 2024

Route responds that CRFA does not apply to commercial solicitations and that the non-disparagement agreement is not subject to common-law defamation requirements. Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Kochava, Inc., 2023 WL 3249809 (D.

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The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. What the Bill Says.

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Social Media Privacy Designs Design 87

Michael Geist

FEBRUARY 26, 2024

That online harms consultation envisioned measures such as takedowns without due process, automated reporting to law enforcement, and website blocking. Second – related to the first – is the incredible power vested in the Digital Safety Commission, which will have primary responsibility for enforcing the law.

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Social Media Government Privacy Reporting 142

Technology & Marketing Law Blog

DECEMBER 1, 2023

But when politicians actually catch the car they are chasing and enact anti-TikTok laws, unsurprisingly, nonpolitical judges aren’t as impressed as voters are. The state pretextually claimed this was an attempt to prevent China from siphoning off American private data, but the law was not a privacy initiative at all.

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Social Media Privacy Law Publishing 81

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. All printed versions come with a free PDF on request.]

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Technology & Marketing Law Blog

JULY 31, 2022

A dangerous new mandatory editorial transparency law to supplement Florida and Texas. The law doesn’t explicitly state that social media services must reduce hateful conduct, but the bill’s intent is obvious. * NY Assembly Bill A7865A. The rest is constitutionally protected “hate speech.”

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Social Media Reporting Government Law 110

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Unfair Competition : The same allegations support a claim for unfair competition under Maryland law. 1459 (2014); Zoe Argento, Whose Social Network Account? 493 (2017); Courtney J.

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Social Media Contracts Ownership Business 80

The IPKat

NOVEMBER 9, 2021

A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. Exclusions from exhaustion rights, coupled with other IP rights such as copyright and design right, mean that even a well-intentioned ‘upcycler’ could find themselves infringing.

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LexBlog IP

MAY 11, 2023

Interesting Patents | Rolex: A New Era in Wristwatch Design: Minimizing Frictional Wear with Innovative Fixing Device by Founders Legal Interesting Patents | Thursday, May 11, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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IPilogue

AUGUST 31, 2021

Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . This will include a robust arbitration process and the creation of IP right for article extracts shared on social media platforms. . Privacy Policy. Pass strong legislation to protect privacy more effectively. Data Policy.

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43(B)log

JUNE 29, 2023

Impulse Statement: Sean Flynn: Data protection can be seen as protecting right to privacy but can interfere with right to research. Duty to protect: duty to regulate third parties—protecting both privacy rights and researchers in data held by third parties. Need balancing/narrow tailoring. Flynn: Ideological think tanks? Leistner: Art.

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Law Art Privacy Social Media 59

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. 2022 Edition of Internet Law: Cases and Materials.

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Intellectual Property Law Blog

MARCH 1, 2023

As a reminder, in some of its previous AI guidance, the FTC has indicated that it has decades of experience enforcing three laws important to developers and users of AI: Section 5 of the FTC Act. Every year, the FTC holds PrivacyCon, a showcase for cutting-edge developments in privacy, data security, and artificial intelligence.

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