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) and Paul Guirguis (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

Making a splash in new markets is not always risk free

By Stephanie Schmidt (US) on April 21, 2022 Posted in Trademark

Frogbikes Limited (“Frogbikes”), a British bicycle manufacturer, has filed suit in U.S. District Court for the Northern District of Georgia claiming that defendant Frog Scooters, Inc. (“Frog Scooters”) has infringed Frogbikes’ “FROG” trademarks (the “FROG Marks”) with the use of the term “frog” and its stylized “Frog” mark in connection with its scooter rental business. … Continue reading

IOSCO, finfluencers, and social media

By Susan Ross (US) and Paul Guirguis (US) on April 19, 2022 Posted in Fraud

In December 2021, our post Federal Reserve and social media, highlighted sections of the Federal Reserve Financial Stability Report which demonstrated the Fed’s focus on the role of social media and retail investors in equity market volatility.  In March 2022, the Board of the International Organization of Securities Commissions (IOSCO) followed suit, and also turned … Continue reading

Bill C-11: Proposed legislation to regulate social media and streaming companies is back in Canada

By Daniel Daniele (CA) on March 25, 2022 Posted in General

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

Justice Thomas suggests social media regulation may be close

By Lindsay Weinstein (US) on March 24, 2022 Posted in General

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

UK proposes rules to protect against anonymous online trolls

By Kerri Gevers (SG) on March 15, 2022 Posted in Privacy, Security, Social media policies

The UK Government has added two new duties to the proposed Online Safety Bill (the Bill) that are aimed at protecting people against anonymous online abuse. These measures would give users of “main social media firms” more control over who can interact with them and the type of content users see (see the Government’s press … Continue reading