Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

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Technology & Marketing Law Blog

NOVEMBER 26, 2021

Thus, I think most government-operated online commenting venues, especially on social media, will be characterized as designated public forums–with all of the legal baggage that attaches to that status. We’ve already seen how trying to moderate social media activity has become a liability trap for government actors.

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Technology & Marketing Law Blog

JANUARY 28, 2022

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 ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

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Social Media Ownership Contracts Privacy 90

Technology & Marketing Law Blog

DECEMBER 30, 2021

.” This passage illustrates the brief’s duality: Florida’s version of the First Amendment would give the government sweeping authority over the digital public sphere and impede social media companies from addressing real harms online. Neither of these theories is defensible, and the Court should reject both of them.

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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. “S.B.

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Social Media Law Blogging Publishing 99

IPilogue

SEPTEMBER 7, 2021

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. One of their core values and popular marketing point s is that “privacy is a fundamental human right.”

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Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Musk has bridged that gap. StopTheSADScheme. It’s not a tax.

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Technology & Marketing Law Blog

JUNE 7, 2022

July 7, 2020): “The privacy policy includes a section titled “Rights of California Residents,” which addresses requirements of the California Consumer Privacy Act (“CCPA”), Cal. ” * Bloomberg : Global Privacy Control Popularity Grows as Legal Status Up in Air. Voodoo SAS v. SayGames LLC, 2020 WL 379165 (N.D.

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Olartemoure Blog

MARCH 31, 2022

It is a challenge for the institutional framework, enforcement agencies, and courts to effectively develop their missions, because, even with the current resources, some markets remain unexplored or wrongly understood. b) The world’s largest social media, intervened in a lawsuit by the Federal Trade Commission and 48 U.S.

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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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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. Below are some of the key questions to think through to assess issues related to data use (privacy) and cybersecurity in esports.

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Privacy Publishing Social Media Law 59

Technology & Marketing Law Blog

MAY 11, 2022

Furthermore, the age authentication process would expose both under-18s and adults to extra privacy and security risks. The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated What The Bill Says. generated content.”

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Social Media Privacy Law Government 143

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

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Technology & Marketing Law Blog

SEPTEMBER 19, 2023

In Arkansas, a law requiring parental consent before minors sign up for social media accounts didn’t survive intermediate scrutiny. These rulings may seem obvious given the precedent, but they are confirming that technological and social changes over the intervening years have not changed the results.

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Social Media Privacy Law Government 125

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. The final version of the INFORM Consumers Act. * Kochava, Inc., 2023 WL 3249809 (D.

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Social Media Privacy Advertising Advertising 73

Technology & Marketing Law Blog

JULY 12, 2022

e-personation case (an edge case from a different era), and the decade-old social media e-discovery cases (mainstream CivPro by now). Taylor about true threats on social media. The Florida and Texas social media censorship laws and the associated court challenges. Social Media. Lopez (Cal.

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Editing Law Social Media Privacy 140

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.” Kate Klonick , Inside the Making of Facebook’s Supreme Court.

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Privacy Social Media Government Confidentiality 69

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

JULY 8, 2022

First, Snapchat may not have had the legal right to snoop into the conversation due to the ECPA and other privacy laws, so there’s no way for Snapchat to tell if the conversation was about helping with homework or sexual grooming. Snap appeared first on Technology & Marketing Law Blog. 2022 WL 2528615 (S.D.

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Social Media Designs Design Privacy 104

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. Or even claiming it can do something beyond the current capability of any AI or automated technology? It has issued AI-related guidance in the past.

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Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements.

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Law Social Media Government Privacy 114

Corsearch

JULY 18, 2023

Millions across the globe have flocked to Instagram Threads – the newest social media platform on the block. In this blog, we discuss the threats posed on Instagram Threads and the processes and advanced technology you can utilize to combat them. They are used by criminals to prey on unsuspecting social media users.

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Social Media Branding Brands Branding 52

IP Tech Blog

MARCH 20, 2023

“FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their own advertising” to create marketing from a consumer protection and truth-in-advertising standpoint. What Privacy-Related Claims Does Your Company Make? Nothing less will do.

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Advertising Advertising Reporting Privacy 62

Technology & Marketing Law Blog

DECEMBER 1, 2023

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. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers’ digital data and privacy.

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Social Media Privacy Law Publishing 81

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

IPilogue

AUGUST 31, 2021

Support the Trade-Related Aspect of Intellectual Property Rights Waiver (TRIPS) to waive IP rights for COVID vaccines and ensure technology transfer between nations. Media Policy . This will include a robust arbitration process and the creation of IP right for article extracts shared on social media platforms. .

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IP Privacy Social Media Intellectual Property 106

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. Or even claiming it can do something beyond the current capability of any AI or automated technology? It has issued AI-related guidance in the past.

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Social Media Advertising Advertising Technology 246

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Books and Academic Articles. NetChoice LLC v.

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Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

AUGUST 2, 2021

I’ve now framed it as a note about California’s consumer privacy laws. I did not add coverage of the Florida social media censorship law or NetChoice v. Part 312, the Children’s Online Privacy Protection Act’s Regulations. An Introduction to California’s Consumer Privacy Laws (CCPA & CPRA).

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Editing Law Privacy Contracts 145

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. A special note about customer data.

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IP Intellectual Property Social Media Cease and Desist 98

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. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

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Social Media Contracts Ownership Business 80

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

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Privacy Designs Design Business 138

Technology & Marketing Law Blog

DECEMBER 14, 2022

If he is, either the clinic is violating medical privacy rules or 50 Cent consented to the disclosure, and that consent could potentially extend to the photo. Potential irony alert: 50 Cent has taunted Diddy for getting botox … When, if ever, can a company share a photo of a customer/friend on social media without consent?

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Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

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Technology & Marketing Law Blog

AUGUST 19, 2022

Tinder social media channels.'” Tinder appeared first on Technology & Marketing Law Blog. ” IP Exception. In Almeida v. Amazon , “the Eleventh Circuit has expressly established that the right of publicity is an intellectual property right.” ” Cites to UCS v. Tinder, Inc.,

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Technology & Marketing Law Blog

SEPTEMBER 16, 2022

For example: “If a conflict arises between commercial interests and the best interests of children, companies should prioritize the privacy, safety, and well-being of children over commercial interests.” What are the long-term privacy and security implications of routinized and widespread face scanning?

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Designs Design Privacy Business 111

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. and includes both commercial and non-commercial aspects.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 74