After making headlines in the 2016 U.S. presidential election, Pepe the Frog is back in the news again. This time, for the copyright enforcement efforts that Pepe’s creator is pursuing against unauthorized uses of the character by certain social media personalities and social media forums.
Our readers may recall that 2017 brought warning letters from the U.S. Federal Trade Commission to celebrities who had posted some photos on Instagram and the FTC has recently taken action regarding some undisclosed “material connections.” A post on our
Experiencing virtual reality
The line between the digital world and the physical world is becoming increasingly blurred as we enter an era of virtual reality (VR). VR can be defined as a “computer technology that uses virtual reality headsets…to generate realistic images, sounds and other sensations that simulate a user’s physical presence in a virtual or imaginary environment.” In other words, VR uses computers to create a virtual environment that feels as close to reality as possible.
VR will have a significant impact on social media. Instead of communicating through texts, pictures and videos, VR technology will allow two or more people to feel as though they are in the same room together even though each person is in the comfort of their own home, using their own VR system. Companies are already introducing social VR apps that allow users to communicate with each other through the use of avatars in a 3D environment.
Although the Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030) is a federal statute that primarily protects against unauthorized computer access such as hacking, it can also impact employers in the realm of social media. Originally enacted in 1984, CFAA makes it illegal to access knowingly or intentionally a “protected computer” without authorization or in excess of authorized access. Protected computers are defined broadly to include all computers that are used in or affect interstate commerce, and thus include most employer-owned computer systems. Violations of CFAA may result in criminal penalties, and CFAA also permits individuals (and employers) to bring a civil action for damages or injunctive relief. Employees rarely sue their employers under CFAA, but employers should nonetheless consider CFAA in formulating their social media policies and determining how they will regulate employee use of social media.
As we have previously written, the Pew Research Center found in 2016 that 62% of American adults consumed news on social media to some extent.
In September of 2017, the Pew Center updated its research, finding that, in 2017, about 67% or two-thirds of American adults are reporting getting “at least some of their news on social media,” a 5% increase from last year.
According to the research, this 5% growth was driven by more substantial increases among certain demographic groups. The research shows that 55% of American adults over 50 now consume news on social media sites, up from 45% in 2016. The research also reports that 74% of non-white Americans get news on social media sites in 2017, up from 64% in 2016. Last, there was an increase among those with less than a bachelor’s degree getting news from social media, to 69%, compared to 60% previously.
Despite all the headlines and studies on social media’s role in spreading fake news and its influence on public opinion, the majority of the public does not seem to plan to stop reading news on social media any time soon. However, some optimistic leaders of the traditional news media see fake news as an opportunity to highlight the integrity of mainstream media.