Marketing in the Metaverse facing regulatory limbo

By Daniel Daniele (CA) on November 21, 2022 Posted in General

The metaverse is an elusive concept, but can be broadly described as a rapidly growing extension of the tendrils of the internet, redefining what constitutes social media. As an ever-growing and immersive network of technologies, the metaverse attempts to close the gap between society and the media that serves as its vehicle. As it exists … Continue reading

Photos and Social Media

By Susan Ross (US) on October 19, 2022 Posted in Copyright

We have previously written on how expensive it can be to copy photos found on social media and use them for commercial purposes, as a result of copyright infringement claims.  On October 3, 2022, the Ninth Circuit explored a few more copyright issues, specifically:  who can bring the lawsuit, who controls social media pages, and … Continue reading

Bill C-27: Proposed legislation to regulate artificial intelligence and strengthen privacy law in Canada

By Daniel Daniele (CA) on September 20, 2022 Posted in Privacy

By Dan Daniele Bill C-27, the Digital Charter Implementation Act, 2022 seeks to bring “safety and trust” to the forefront of Canada’s evolving digital sphere, according to  the Minister of Innovation, Science and Technology, Francois-Philippe Champagne, who introduced this bill on June 16, 2022. Bill C-27 promises to update and strengthen Canadian privacy law, govern … Continue reading

Influencer’s location = jurisdiction for tortious interference case

By Susan Ross (US) on August 16, 2022 Posted in General

On August 5, 2022, a federal trial court in Ohio ruled that the location of a social media influencer meant that jurisdiction was proper for a tortious interference with contract lawsuit brought against the influencer and alleged interferers, even though one of the defendants had only been to Ohio once, five years ago.  EHPLabs Research, … Continue reading

Will the High Court tackle social media regulation next term?

By Lindsay Weinstein (US) on July 28, 2022 Posted in General

Recently, our posts have discussed the rising call to reform Section 230 of the federal 1996 Communications Decency Act.  Now, a  controversial Florida Bill provides an opportunity for the Supreme Court to take up social media regulation on First Amendment grounds, potentially avoiding Section 230 reform.… Continue reading

Bears and bulls and social media

By Daniel Daniele (CA) on July 27, 2022 Posted in General

The pandemic brought about a shift in how investments are discussed online and has increased the influence social media has on the market. Social media is playing a larger role in the way ordinary retail investors understand and interact with today’s markets. Whether with investments in cryptocurrencies, NFT projects, or traditional security exchanges, social media’s … Continue reading

FTC on crypto scammers and plans to modernize guidance to prevent digital deception

By Susan Ross (US) on June 15, 2022 Posted in Fraud

As a follow up to our previous posts on digital assets and social media, the Federal Trade Commission recently published a Consumer Protection Data Spotlight on June 3, 2022.  In the post, the FTC provides insights on the fraud reports submitted to the FTC from January 1, 2021 to March 31, 2022.  According to the … Continue reading

Florida’s proposed social media platform law: Is your company a social media platform?

By Meg Tierney (US) and Timothy Chung (US) on June 14, 2022 Posted in General

On May 23, 2022, the Eleventh Circuit upheld an injunction on parts of Florida’s controversial social media “censorship” law, S.B. 7072, in NetChoice, LLC v. Att’y Gen., Fla.  In a 67-page opinion, the three-judge panel held that large swaths of the law’s provisions were unconstitutional, finding that social media companies are private actors and government … Continue reading

Bill C-18: Proposed legislation requiring digital media platforms to compensate Canadian media outlets for news content

By Daniel Daniele (CA) on May 19, 2022 Posted in General

On April 5, 2022, the Canadian Heritage Minister, Pablo Rodriguez, tabled Bill C-18 (Online News Act): An Act respecting online communications platforms that make news content available to persons in Canada.  Bill C-18 requires digital media platforms (e.g., social media services, search engines) to compensate media outlets for news content made available on their platforms.  … Continue reading

Social media and difficulties of a TRO in defamation actions

By Susan Ross (US) on May 5, 2022 Posted in Defamation

Companies—especially those based outside the U.S.—sometimes ask why it is so difficult to bring a lawsuit based on something posted on social media.  A recent federal court case from California can help show how courts view these actions.  Prehired, LLC, v. Provins, No. 2:22-cv-00384-TLN-AC (E.D. Cal. April 12, 2022) (2022 WL 1093237).… Continue reading