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Internet & Social Media Law Blog

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California Sheds Light on Consumer Privacy Dark Patterns

On March 15, amendments to the California Consumer Privacy Act (CCPA) banned companies from using “dark patterns” that confuse or delay consumers trying to opt out of the sale of their personal information. Online businesses that sell the personal information of consumers must exhibit a “Do Not Sell My Personal…

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Everything in Moderation: Artificial Intelligence and Social Media Content Review

Interactive online platforms have become an integral part of our daily lives. While user-generated content, free from traditional editorial constraints, has spurred vibrant online communications, improved business processes and expanded access to information, it has also raised complex questions regarding how to moderate harmful online content. As the volume of…

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Privacy, Publicity and Copyright: The Risks of Using Candid Photography in Your Business

Your company wants to use a picture taken outside of your office at an event you are hosting or sponsoring. Perhaps the image shows someone wearing your clothing or other product or using something showing your brand. Possibly you participated in a parade and want some images showing your company’s…

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Fungible Banksy: NFTs, Copyright and Digital Art Collide with the Burning of Morons

We previously wrote on non-fungible tokens (NFTs) that represent art and how that concept is starting to be embraced by the art world. Enter Banksy, a celebrated graffiti artist and political activist whose real name and identity remain unconfirmed. For the past couple of decades, Banksy’s popularity has grown, including…

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Smart Technology in Commercial Real Estate

“Hey Siri…” “Alexa…” “Okay Google…” These are just some of the buzzwords and phrases that have entered day-to-day vocabulary as a result of the explosion of smart technology. Internet of Things (IoT) devices are in our cars, in our workplaces and on our bodies. But nowhere is smart technology more…

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Defying Data Gravity: Vertical Cloud Computing, Hybrid Tools and Usage Rights

The last decade saw explosive growth in enterprise migration to the cloud, a trend driven by the promise of lower overhead costs and greater scalability. Given this, many have made the leap and moved both non-mission-critical workloads and mission-critical functionality into the cloud. This is where “data gravity,” a phrase…

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Non-Fungible Tokens and Art that Lives on the Blockchain

Non-fungible tokens (or NFTs) are unique blockchain-based tokens that can represent almost anything, including physical assets. NFTs have been growing significantly in popularity in recent years because of this potential to “tokenize” anything and provide a way to transfer ownership of digital assets to holders. An NFT can be described…

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The Misinformation of Capitol Hill: Section 230 and the Weaponization of Social Media

Social media has experienced an unprecedented growth in popularity and usage since its inception. This is owed in large part to Section 230 of the Communications Decency Act. Unlike their print counterparts, internet publishers enjoy an increased level of freedom and immunity under Section 230 for the content they publish.…

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The People Have Spoken. Chappelle Is Back!

On November 24, 2020, Dave Chappelle posted his “Unforgiven” stand-up set to Instagram and publicly called out Viacom and Comedy Central over the streaming rights and revenues from his early-2000s hit, Chappelle’s Show. As we previously explained, rather than litigating what seemed to be Viacom-friendly contract language, Chappelle was taking…

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Why the CPRA Is a Step Forward for Privacy but a Step Backwards for Blockchain

Building upon the California Consumer Privacy Act (CCPA), on November 3, 2020, Californians voted to approve Proposition 24: the California Privacy Rights Act (CPRA). The CPRA does not replace the CCPA but rather adds to and modifies the language of the CCPA to strengthen consumer privacy rights and perhaps, in…