Common diatribes levied against the market for legal services typically take aim at the hourly fees, the complexity of the justice system, and the exclusivity of bona fide legal advice as a covetous but inaccessible resource. Access to legal services is not a new problem – and is no stranger to legislative reform. For decades, … Continue reading
On February 8, 2023, a federal trial court in New Jersey ruled that login credentials were a trade secret and also addressed the concept of “misappropriation of confidential information,” in a case where one party was accused of locking the other party out of its own social media pages. CLI Interactive, LLC v. Diamond Phil’s, … Continue reading
Suppose you decided to use ChatGPT to create your next social media post. Who owns the content? You do! (Or your employer in certain situations) According to the OpenAI terms of use, OpenAI assigns to you all right, title and interest to the output generated and returned by its services. These services include ChatGPT (a … Continue reading
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
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
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
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
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
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
In June of 2021, Canada’s Parliament passed Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (Bill C-10). Bill C-10 was drafted in response to recommendations made by the Broadcasting and Telecommunications Legislative Review Panel suggesting reforms of Canada’s broadcasting system to account for digital … Continue reading
In December 2021, our post Increased Likelihood of US Social Media Regulation discussed the rising momentum to reform Section 230 of the 1996 Communications Decency Act, which is often used to protect social media giants from liability for content posted on their platforms by third parties. Recently, U.S. Supreme Court Justice Clarence Thomas expressed displeasure … Continue reading
In December 2021, our post “Increased likelihood of US social media regulation” discussed Facebook whistleblower Frances Haugen and her call to hold social media platforms accountable for the potentially dangerous content that appears on their sites. In February 2022, Haugen once again flagged Facebook’s algorithms as potentially harmful, but this time Haugen was speaking outside … Continue reading
In December 2021, the Securities and Exchange Commission (“SEC”) announced that Nikola Corporation (“Nikola”) agreed to pay $125 million to settle charges that the company allegedly defrauded investors and misled them about its products, technical advancements, and commercial prospects. Nikola did not admit or deny the SEC’s findings. Earlier that same year, the SEC filed … Continue reading
In November of 2021, the Board of Governors of the Federal Reserve (the “Fed”) issued its Federal Reserve Financial Stability Report, a biannual report focused on potential risks to the financial system. In this issue, the Fed highlighted the role of social media and retail investors in equity market volatility.… Continue reading
There is momentum to reform part of the 1996 Communications Decency Act that shields social media platforms from liability for third-party posts.… Continue reading
Big changes are coming to social media. No, we are not referring to the rise of “super apps” or Facebook’s retreat from the facial recognition space. This time, changes are coming from the top-down in Canada and businesses would be wise to take note.… Continue reading
Twitter is testing a new safety feature aimed at reducing unwanted interactions. As explained in a Twitter Safety blog on 1 September 2021, Safety Mode temporarily blocks accounts (Author Accounts) found by Twitter’s artificial intelligence (AI) to be sending harmful or uninvited Tweets to a user (User). Author Accounts may be automatically blocked from interacting with a … Continue reading
Social media contests, sweepstakes, and giveaways have grown increasingly popular in the past few years and have become a common marketing strategy for businesses. From “like and share this post” to “tag five friends for extra entries,” contests allow businesses to promote their brand, generate leads, and engage with current and new customers. While it … Continue reading
As the telemedicine industry continues to grow, especially in light of COVID-19, businesses should reconsider their policies and procedures in connection with telehealth services and user safety. Notably, Facebook recently responded to the growing use of telemedicine by amending its policies with respect to advertisements by telemedicine companies for prescription drugs. The new policy, which … Continue reading
In late June of 2021, Members of Canada’s Parliament passed Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts. The Bill proposes to subject social media platforms and streaming services, collectively described in the Bill as ‘online undertakings’, to requirements similar to those imposed on … Continue reading
As influencer marketing skyrockets in importance, social media companies have taken steps to make their platforms more attractive to this new wave of advertising. One way of making platforms attractive to both users and creators is to keep the platforms free of negativity. Negativity on social media has been a major reason for users to … Continue reading
On May 4, 2021, the Ninth Circuit reversed the district court’s judgment for Snap, Inc., owner of the mobile application Snapchat, in a case brought by the parents of two teenage boys tragically killed in a car accident. The parents claimed that Snap, Inc. caused the death of their sons through its negligent design of … Continue reading
Introduction The U.S. Supreme Court recently ended the legal battle between former President Donald Trump and individuals whom Mr. Trump had blocked on Twitter, by granting the government’s petition for a writ of certiorari filed when Mr. Trump was still the President, vacating the Second Circuit’s judgment against Mr. Trump, and remanding the case with … Continue reading
In the last week of March 2021, a bill was introduced in the California assembly that would require social media platforms to publicly disclose the specific user conduct that will get users temporarily or permanently banned from those sites—including online hate, disinformation, extremism, harassment, and foreign interference.… Continue reading