Social media users have a new demand for 2017 – they want the ability to edit their public messages. Spelling mistakes, missing words and misplaced pronouns can have embarrassing, unintended and sometimes dangerous consequences. The ability to edit one’s message is an attractive feature. This request has led some users on the social media platform … Continue reading
Most people would not bring along a group of uninvited strangers to a dinner party or, even worse, a wedding. Society has certain expectations around attendance, guest lists, RSVPs, and the like. And yet, in the digital realm, these social norms may not have the same effect. What can be done about digital party crashers? … Continue reading
The Hamburg Commissioner for Data Protection and Freedom of Information (Hamburg DPA) recently issued an administrative order prohibiting Facebook from collecting and storing user data of German WhatsApp users. The Hamburg DPA also ordered Facebook to also delete all data that has already been forwarded to Facebook by WhatsApp.… Continue reading
How safe is information is hidden behind an individual’s privacy settings? Can I assume that my interest in privacy ensures that anything marked “private,” or “shared only with my friends” remains so, even in the face of a production order in Canada?… Continue reading
Facebook has won an appeal against a Belgian court ruling, which ordered it to stop tracking logged-out users who visit Facebook pages and other websites linked to Facebook. On 29 June 2016 the Brussels Court of Appeal held that the Belgian data protection authority (the Belgian Privacy Commission), which brought the original case, does not … Continue reading
Facebook became the latest American technology company to face antitrust hurdles in Europe after the German Federal Cartel Office (Bundeskartellamt), a competition authority, opened an investigation into whether Facebook Inc., USA, Facebook Ireland Limited and Facebook Germany GmbH abused their alleged dominant position in social networking by violating data protection laws. Accordingly, unlike other proceedings … Continue reading
The anonymity of the Internet has posed many challenges to the protection of intellectual property rights. The sheer size of the population of online users and the millions of file-sharing programs and other social media outlets that exist have left IP rights holders struggling to protect their property and goodwill in the digital era. For … Continue reading
On 9 March 2016 the Düsseldorf Regional Court in Germany ruled that an online shopping site, Peek & Cloppenburg, which integrated Facebook’s “like” button into its website had violated users’ privacy rights. How the “like” button works The button allows website users who click on it to share instantly the pages and content from the website on … Continue reading
A South African high court recently ruled that a civil litigant’s private Facebook messages, which were unlawfully obtained by the hacking of his personal account, were nevertheless admissible as evidence against him. In Harvey v Niland, the litigants were members of the same corporation. Niland was also an employee of the corporation. After leaving his … Continue reading
One of the keys to a successful social media presence for businesses is real-time engagement and quick response times. “Social listening” can help businesses tap into consumer sentiment in order to engage with their audience effectively and to elevate their brands. What is social listening? Social listening constitutes tracking conversations on social media that mention … Continue reading
Our Top Five stories from 2015 also provide some “lessons learned” or considerations for companies who are considering using social media in 2016: Know what data you are collecting and where it is being transferred. Like more than 4,000 companies, Facebook had been sending member data of European citizens to the United States pursuant to … Continue reading
The Social Media Law Bulletin is back! The ongoing interest of our readers as well as the increasing impact of social media led us to re-launch the Social Media Law Bulletin. We will be bringing you coverage of one or two items approximately each week, but in the meantime, we thought we would give you … Continue reading
A recent report by the Science and Technology Committee (a UK parliamentary select committee) on the Responsible Use of Data (the Report) concludes that online terms and conditions for the use of social media platforms are unnecessarily complex and may not serve their intended purpose of obtaining informed consent from a user for the right to process … Continue reading
A Kings County, New York court has held that a plaintiff may obtain social media information (such as another’s user information and evidence posted through social media) as part of pre-suit discovery under New York law. This decision could have ramifications in a number of jurisdictions that permit pre-suit discovery to preserve evidence and/or obtain … Continue reading
You are responsible for your information. It is important to understand how your information is being used. LinkedIn updated their privacy policy and user agreement on October 23, 2014. It is easier to read and understand in comparison to earlier versions. If you read through the policy it will give you an understanding of the … Continue reading
After January 1, 2015, individuals whose wills are governed by Delaware law can have their digital assets and digital accounts accessed and controlled by their personal representatives of their estates, courtesy of a new Delaware law. Modeled on the uniform model Fiduciary Access to Digital Assets Act, the Delaware law vests the decedent’s personal representative … Continue reading
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
The United States District Court for the District of Kansas recently clarified the scope of discoverable information from private social media accounts. In Stonebarger v. Union Pacific Corp., a wrongful death case where plaintiffs were seeking to recover damages for the deaths of two individuals killed in a collision, the defendants requested two types of … Continue reading
We had previously written about the U.S. Federal Trade Commission’s proposed complaint and consent with mobile messaging service Snapchat, best known for promoting its “ephemeral” photo messaging site. The FTC alleged the Snapchat violated the Federal Trade Commission Act through six false or deceptive acts or practices, including Snapchat’s claim that messages can “disappear forever.” … Continue reading
From giant billboards on the highway to tiny pictures that can go viral within seconds, the use of social media sites like Instagram, Pinterest and Tumblr has revolutionized the advertising industry. Companies can now reach their target audiences more quickly and more effectively by taking advantage of instantaneous posting of pictures and blogs. The use … Continue reading
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
On May 8, 2014, the US Federal Trade Commission (FTC) proposed for public comment its draft complaint and consent with mobile messaging service Snapchat, best known for promoting its “ephemeral” photo messaging site. (See our previous posting here.) The FTC’s complaint claimed that Snapchat violated federal law (Section 5 of the FTC Act) with the … Continue reading
How many of us actually read social media terms of use? Be wary: you allow public information to be accessible over public search engines. When you tweet you: grant Twitter a licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute content in any manner or method. Twitter may sublicense these rights … Continue reading
If your social media page permits a user to purchase goods or services from you, a December 20, 2013 ruling from the Northern District of California may be of interest. The case involves minors using their parents’ credit cards without authorization (in 2011) in order to purchase several hundred dollars’ worth of Facebook Credits.I.B. v. … Continue reading