Seth Jaffe (US)

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Introducing our Social Media Glossary of Terms

Norton Rose Fulbright’s Social Media Law Bulletin is proud to offer a Glossary of Terms listing various terms attributed to social media issues. The Glossary includes links to our respective blog posts on the terms. Take a look at our Glossary Section for more information and a list of these terms.… Continue reading

Yelp! survives complaint of extortion

Does a web site’s manipulation of publicly available positive and negative reviews rise to the level of extortion?  In a September 2, 2014 opinion, the Ninth Circuit said not necessarily.  In affirming the district court’s dismissal, the Ninth Circuit in Levitt v Yelp, No. 11-17676, stated that “unless a person has a preexisting right to … Continue reading

No Secret in Brazil

The popular social networking app “Secret” has reportedly been temporarily enjoined in Brazil. A civil court in Brazil ordered both Google and Apple to remove Secret from their respective app stores, and to pull the apps from the phones of their users. In its opinion, the Brazilian court raised concerns that Secret’s anonymity feature can … Continue reading

Introducing our social media Glossary of law

Norton Rose Fulbright’s Social Media Bulletin is proud to offer a Glossary of Law describing various statutes involved in social media issues. The Glossary includes links to our respective blog posts on the statutes. Take a look at our Glossary Section for more information and a list of these statutes. Seth Jaffe (seth.jaffe@nortonrosefulbright.com / +1 713 651 … Continue reading

Facebook responds to COPPA with patent application directed to online verification

The US Patent and Trademark Office published, on May 29, 2014, a patent application submitted by inventors from Facebook directed to a method for managing the accessibility of a social network based on the age of its users. In referencing the Children’s Online Privacy Protection Act (COPPA) directly, Facebook’s patent application suggests that Facebook may … Continue reading

Beware of the threatening tweet

Early April saw the arrest of a 14-year-old girl who sent a threatening tweet aimed at American Airlines.  Tweeting under her own account, this girl, identified only as Sarah, posted “hello my name’s Ibrahim and I’m from Afghanistan. I’m part of Al Qaida and on June 1st I’m gonna do something really big bye.”  American … Continue reading

Ninth Circuit extends freedom of the press protection to blogger

The Ninth Circuit has extended an additional level of protection for company publications that take the form of blogs. In reference to the level of fault required to prove liability for an allegedly defamatory posting, the court explained that it is irrelevant whether a blogger is a member of an institutional press corps or a … Continue reading

District of Nevada OKs plaintiffs’ Facebook ad for collective action

A Nevada federal district court recently refused to enjoin plaintiffs’ counsel’s solicitation of potential class members via an advertising campaign on Facebook and Twitter. In Gamble v. Boyd Gaming Corp., No. 2:13-cv-01009-JCM-PAL (D. Nev. Nov. 20, 2013), defendant Boyd Gaming accused plaintiffs’ counsel of using “false and misleading” advertisements in its attempt to identify and … Continue reading

Copyright Safe Harbor for Third-Party Content

Title II of the Digital Millennium Copyright Act (DMCA) provides a safe harbor for online service providers that allow users to self-post content. For companies with Web 2.0 enabled sites, 17 U.S.C. § 512(c) limits liability “for infringement of copyright by reason of the storage at the direction of a user.”  But this safe harbor … Continue reading

Electronic Communications Privacy Act of 1986

The Electronic Communications Privacy Act (“ECPA”) prohibits interception of “any wire, oral, or electronic communication.”  18 U.S.C. § 2511.  Electronic communication is defined as “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.”  18 U.S.C. … Continue reading

ECPA Reform Bill adds geolocation provisions

Congress woman Zoe Lofgren recently introduced a bill intending to align the Electronic Communications Privacy Act of 1986 with the current state of technology, especially with respect to cloud computing.  The Online Communications and Geolocation Protection Act, backed by tech companies such as Google, Apple, Microsoft, Intel, Twitter, eBay and Amazon, intends to clarify and apply … Continue reading

Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 et seq., projects the common law tort of real property trespass into the virtual realm of computers. The CFAA has been successfully invoked for creation of fake user accounts on social network sites, email spam, email phishing, robotic data mining, and unauthorized hard-drive wiping.  … Continue reading

CDA § 230 Safe Harbor

Section 230 of the Communications Decency Act (“CDA”), otherwise known as § 230 Safe Harbor, explains that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”  47 U.S.C.A. § 230(c)(1).  In addition, § 230 precludes liability for providers … Continue reading

Passwords & Social Media

An employee’s personal social media page may offer prospective hackers a backdoor into company protected information. Many companies are moving towards lengthy and complex passwords, which has placed additional strain on password recovery procedures. Many of these “forgot password” security procedures ask for pseudo personal information such as a user’s high school mascot or mother’s … Continue reading

Will Facebook’s New Policy Affect Your Company Page?

Should companies with social media pages be concerned with dissemination of  their information to other entities, such as current or potential competitors? Some privacy groups think so, and warn that a user of popular social media site Facebook may well find his/her/its private data shared with an unexpected entity. In Facebook, for example, this newly … Continue reading

OpenID

OpenID is an third-party identification protocol that allows users to log on to multiple websites with only one username and password.  Users register with one OpenID website, called an Identity Provider.  The user can then log on to any website that accepts OpenID using the identity from the provider.  The “OpenID Acceptor,” as it is … Continue reading
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