Kluwer Copyright Blog

NOVEMBER 4, 2021

Social media (aka Facebook) were not a part of the conversation. This raises the question: does the press publishers’ right apply to social media? While social media were not explicitly singled out, they seem to comfortably fall within the ISSP definition. Do social media make content available?

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Social Media Publishing Art Copying 142

Technology & Marketing Law Blog

OCTOBER 5, 2021

The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on social media. The actual details are opaque to all government actors and out of their control. The Manually Deleted Comment. Implications. This is only a district court opinion.

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Social Media Government Designs Design 106

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See Teamsters Loc.

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Social Media Ownership Branding Brands 98

Technology & Marketing Law Blog

JUNE 19, 2023

” That is certainly true–for example, the justices cannot publicly engage in ordinary social media interactions–yet the justices are getting a crash course on the Internet whether they want it or not. Moody) social media censorship cases as well, though the arguments will roll to next term.

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Social Media Government Web Design Law 66

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. the Texas legislature tried to one-up Florida with HB 20 , its own social media censorship bill. If you live in Texas, I’m sorry that your governance mechanisms are so broken.

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Social Media Law Publishing Government 143

Technology & Marketing Law Blog

NOVEMBER 20, 2021

Based on the Complaint’s allegations, it appears the named Defendants – a private social media company and its legal department – are not subject to liability under Section 1983. 2020) (internet media websites are not government actors under the First Amendment)… Prior blog posts on Perez’s lawsuit ( 1 , 2 ).

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Social Media Litigation Publishing Blogging 113

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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Social Media Law Contracts Designs 83

Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” appeared first on Technology & Marketing Law Blog.

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Social Media Law Litigation Blogging 75

Technology & Marketing Law Blog

JULY 28, 2022

.” Two parents in the district, Christopher and Kimberly Garnier, posted criticisms of the trustees and the board to those social media pages. “The Garniers’ social media comments did not use profanity or threaten physical harm, and almost all of their comments related to PUSD. ” Overview. State Action.

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Social Media Government Technology Law 88

Technology & Marketing Law Blog

APRIL 26, 2022

I’m continuing coverage of the legal challenge to Texas’ social media censorship law, now on appeal to the Fifth Circuit. And government cannot compel continued publication any more than it can compel initial dissemination. I recently rounded up the Texas opening brief and its supporting amici briefs. “H.B.

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Social Media Law Blogging Government 109

Technology & Marketing Law Blog

DECEMBER 30, 2021

.” The First Amendment “is not limited to traditional media, but extends to any entity that selects, arranges, and disseminates content, whether third-party or self-generated, and certainly covers entities that the government seeks to regulate because of the way they exercise their editorial discretion.”

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Social Media Law Privacy Blogging 111

JD Supra Law

SEPTEMBER 14, 2023

In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they represent.

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Marketing Marketing Social Media Law 81

Technology & Marketing Law Blog

JULY 18, 2022

The federal government is prosecuting Wiley for drug dealing. ” The government seeks to treat these videos as evidence of Wiley’s involvement in the drug trade. ” The government seeks to treat these videos as evidence of Wiley’s involvement in the drug trade. Wiley objected. Implications. July 8, 2022).

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Social Media Government Music Litigation 92

Technology & Marketing Law Blog

SEPTEMBER 12, 2022

PETA objects to these experiments and commented on TAMU’s social media pages. TAMU claims that PETA’s comments were “spam” that violated TAMU’s social media policy. Vigorous government-performed content moderation is a euphemism for “perpetual lawsuit-making machine.”

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Government Social Media Settlement Blogging 95

Technology & Marketing Law Blog

MAY 23, 2022

“HB20 may make using dominant social media platforms so distasteful they become virtually unusable for most of the public.” Not so… government mandates requiring transparency raise their own distinctive First Amendment concerns—especially when, as here, they complement a viewpoint discriminatory scheme.”

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Social Media Law Publishing Blogging 130

Technology & Marketing Law Blog

JUNE 21, 2022

The bill applies to “social media platforms” that: “(A) Construct a public or semipublic profile within a bounded system created by the service. (B) ” This definition of “social media” has been around for about a decade, and it’s awful. Who’s Covered by the Bill?

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Social Media Law Publishing Reporting 120

Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

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Social Media Law Blogging Publishing 98

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 97

Technology & Marketing Law Blog

NOVEMBER 29, 2021

Thus, it would compel those platforms to disseminate anything and everything with a “viewpoint,” including pro-Nazi speech, medical misinformation, terrorist propaganda, and foreign government disinformation. This kind of argumentation is how a government actor disingenuously repackages censorship. Amicus Briefs. Text of HB 20.

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Social Media Law Television Reporting 112

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

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Music Government Contracts Marketing 130

Trademark and Copyright Law Blog

AUGUST 27, 2021

Social media platforms present countless opportunities for companies looking to connect to consumers and clients in real time. Foley Hoag will present a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners, with a focus on intellectual property, publicity rights and advertising.

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Social Media Intellectual Property Advertising Advertising 40

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Among other problems, the law dictates how “social media platforms” can make their editorial decisions. Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. This is not unique to social media.

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Social Media Government Blogging Publishing 99

Technology & Marketing Law Blog

MARCH 13, 2023

That office created an “Office of Elections Cybersecurity (OEC),” which flagged nearly “300 erroneous or misleading social media posts” and publicly touted its 98% success rate for those flags. Nor is there anything illicit in seeking support from outside actors, including government officials, to achieve this goal.

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Government Social Media Publishing Law 90

Technology & Marketing Law Blog

JULY 6, 2022

The Sixth Circuit has adopted an idiosyncratic test for when a government employee’s actions are personal or official: the test is whether the official is “performing an actual or apparent duty of his office,” or if he could not have behaved as he did “without the authority of his office.” Lindke sued for First Amendment violations.

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Government Social Media Litigation Law 70

Michael Geist

MARCH 15, 2024

The app is already prohibited on government devices in Canada, the government has quietly conducted a national security review , and there are new calls to ban it altogether from the Canadian market. market – rather than a genuine case that TikTok poses a unique privacy and security threat. The proposed U.S.

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Social Media Law Privacy Government 61

Michael Geist

APRIL 20, 2023

With Bill C-11 in the final stretch – Senate approval could come this week – the government finally provided a more detailed explanation for rejecting the Senate’s user content regulation fix. It is sad that as the bill nears passage, the government doesn’t seem to understand or misleads on the impact of its own legislation.

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Government Social Media Law Music 102

Michael Geist

APRIL 14, 2023

Using the Access to Information Act, I have now obtained a copy of the government’s internal estimates for the economic and production impact of Bill C-11 ( methodology , memorandum , PPT ), which confirm many of my suspicions. This conclusion raises both the economic and cultural impact of the bill.

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Government Social Media Television Ownership 88

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 67

Technology & Marketing Law Blog

OCTOBER 21, 2021

The court says: The Court finds that the statements by federal lawmakers Plaintiffs point to are insufficient to plead that the government “commanded a particular result in, or otherwise participated in, [Plaintiffs’] specific case.” Government Nexus. This argument is foreclosed by Prager U. Compulsion. cite to Daniels v.

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Government Social Media Publishing Blogging 134

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. 7) Governments loot Google and Facebook under the pretense of “saving” journalism. The money doesn’t go to the government. Incredible.

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Law Social Media Advertising Advertising 102

Technology & Marketing Law Blog

OCTOBER 7, 2023

Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. With respect to the social media services’ status as publishers, the court says: the plaintiff’s RICO claims depend on Twitter and Facebook’s acting as publishers. The complaint.

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Litigation Social Media Editing Publishing 106

Technology & Marketing Law Blog

FEBRUARY 12, 2022

Specifically, control is not determined based on private or public ownership, but instead on the government’s exercise of control over the relevant aspects of the social media platform. In other words, the First Amendment functionally makes government-sanctioned social media engagement impossible.

Social Media 101

Social Media Government Ownership Blogging 101

Michael Geist

JULY 6, 2023

The government escalated the battle over Bill C-18 yesterday, announcing that it was suspending advertising on Meta’s Facebook and Instagram platforms due the company’s decision to comply with the bill by blocking news sharing and its reluctance to engage in further negotiations on the issue.

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Advertising Advertising Government Social Media 97

Michael Geist

OCTOBER 23, 2023

The government has yet to release its final regulations for the Online News Act , but recent comments from News Media Canada seemed to suggest that it is hoping to find common ground with Google , stating that it supports the company’s proposed amendments to Bill C-18 draft regulations.

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Social Media Editing Government Law 134

Technology & Marketing Law Blog

MARCH 26, 2024

Without First Amendment guardrails in the EU, the DSA represents a comprehensive government intrusion into the editorial processes of UGC services–with surely more intrusions to come. The post New Essay Comparing “Due Process” Approaches in the DMCA and DSA appeared first on Technology & Marketing Law Blog.

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Social Media Blogging Government Marketing 77

Technology & Marketing Law Blog

SEPTEMBER 27, 2023

General Business Law Section 394-ccc, the 2022 law that requires social media platforms to disclose their editorial policies towards “hateful conduct.” It is definitely counterintuitive to oppose transparency requirements due to our strong regulatory and social norms in favor of transparency.

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Social Media Law Government Blogging 102

Kluwer Copyright Blog

JULY 1, 2022

Last month, the Internal Market Committee of the European Parliament endorsed the provisional agreement previously reached with EU governments on the Digital Services Act (DSA). Both the Digital Services Act and Digital Markets Act are expected to be put for a final vote in Parliament later this month.

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Marketing Marketing Social Media Journalism 52