Tag archives: Snapchat

Snap out of it: the resurrection of “self-destructing” social media evidence

In December of 2017, a UK inmate was freed after years in prison when deleted social media messages disproved the allegations against him.

Danny Kay was accused of rape in 2013. A key piece of evidence was a social media conversation between Kay and his accuser, in which he appeared to be apologizing for nonconsensual sex. Kay maintained that the conversation shown to the jury was incomplete, but he believed the full conversation had been deleted and could not be retrieved. Fortunately for him, a fellow inmate convinced Kay that the conversation could be recovered. Kay’s sister-in-law logged in to … Continue Reading

Recent changes to advertising on social media platforms

With millions of people walking around with their heads down on their phones, it’s no surprise that mobile advertising on social media platforms has experienced significant growth in the past 12 months. Social media platforms have been continuing to develop ad capabilities to maximize offerings for brands and growth in the social media marketing space is ever expanding. Statistics from a report commissioned by the Interactive Advertising Bureau of Canada, however, show that marketers only spend between 2% and 8% of their total ad budget on internet video and mobile internet advertising, respectively.… Continue Reading

Is my SnapChat really deleted?

Yes and no. SnapChat automatically deletes most messages after they have been opened or expired.  However, it warns users that the recipient may take a screenshot or use some other screen capture technology (or simply take a photo of their screen with another camera).  Our long-time readers may recall that SnapChat entered into settlement agreements with both the U.S. Federal Trade Commission and the Maryland Attorney General on the topic of whether messages disappear.… Continue Reading

Social media stars and IP empires

Social media platforms enable users to profit from their brand and original works such as photos, videos, articles and various “mash ups”. Their brand and content may be protected by trademarks and copyrights and users may generate thousands of postings to build an extensive intellectual property portfolio. A user may develop a popular brand for their curated content across multiple platforms such as web, Instagram, Snapchat, Twitter, YouTube, with their creative posts generating significant goodwill and revenue. Companies pay popular users to reach target audiences instantaneously and effectively with authentic content of pictures, videos, blogs and other derivative works. This … Continue Reading

Snapchat and Maryland Attorney General

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.” Under the proposed FTC consent, Snapchat does not admit or deny any liability. If approved and to settle the matter, Snapchat would be:

  • Prohibited from misrepresenting its products and services and treatment of personal information, or their privacy and security; and
  • Required to implement a
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A two pronged prescription: The FDA releases new social media guidelines

The U.S. Food and Drug Administration (“FDA”) released two new sets of guidance regarding the use of social media to disseminate information about prescription drugs and medical devices.  This guidance supplements years of FDA warning letters and untitled letters sent to manufacturers, packers or distributors in regulated industries (each a “Regulated Entity”).  We have previously discussed the FDA letters on this blog.

In the first prong of its social media guidance, the FDA provided new “Twitter Rules.” For Internet and social media platforms with character space limitations (e.g., Twitter, Google AdWords and the paid search results links on Yahoo! and … Continue Reading

A picture can be worth a thousand links

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 of social media apps that allow the quick exchange of photos to other users is rapidly growing.

Apps like Instagram are some of the top social media apps, bringing in more than 200 million active users around the world. See Twitter active users pass Continue Reading

US Federal Trade Commission to see Snapchat for 20 years

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 following 6 false or deceptive claims:

  1. Contrary to Snapchat’s claims, “a message may not disappear forever after the user-set time period expires” due to widely publicized third-party apps, and a security flaw Snapchat purportedly was aware of (from a security researcher) for 10 months
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Snapchat: now you see me, now you don’t

Yesterday’s hilarious Facebook photo can easily become today’s biggest regret. Hence, the explosive rise of the new photo-sharing app, Snapchat. Snapchat allows users to create “Snaps,” user photos with built-in self-destruct timers. Users can decide how long the recipients can view the photos after which time they are permanently deleted from both the recipient’s device as well as from Snapchat servers. Viewing times are set for between 1 to 10 seconds. Wikipedia, Snapchat (last modified 8 December 2013).

The rise of Snapchat is appealing from a business marketing perspective. For example, Snapchat could be used to promote a company’s … Continue Reading

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