On December 14, 2016, operators of online extramarital dating and social networking website AshleyMadison.com came to an agreement with the Federal Trade Commission, and several States, to settle FTC and related state charges that the website deceived consumers and failed to protect 36 million users’ account and profile information. As…
Internet & Social Media Law Blog
The Freedom to Yelp: Congress Curbs ToS Overreach
Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies to retaliate against U.S. consumers who post negative reviews online. Specifically, the…
DMCA Safe Harbor: Re-Register Your Designated Agent with the U.S. Copyright Office!
The U.S. Copyright Office issued a final rule effective December 1, 2016, addressing one of the requirements for social media operators and other companies that allow users to post content online to qualify for the DMCA safe harbor. In “DMCA Safe Harbor: Registration Time,” colleagues Michael Heuga and Cydney Tune…
FriendFinder Data Breach Exposes 400 million+ Accounts
FriendFinder Networks is a company in the adult entertainment, social networking, and online dating space. Several databases from FriendFinder Networks web sites with more than 412 million accounts, including usernames, e-mails, and passwords, have been breached and leaked. November reports of this data breach on The Verge, LeakedSource and TechCrunch,…
The FBI Dips into Twitter’s Data Stream
Following up on our earlier post regarding the Era of Hashtag Surveillance, the FBI has published documents indicating that it intends to enter into a deal with a Twitter data miner, appropriately named Dataminr (and partially owned by Twitter), for access to its monitoring technology. Techcrunch reports that the FBI…
When It Comes to the DMCA, a Red Flag Becomes Harder to Fly
It is unlikely that when Stephanie Lenz posted a home video of her children dancing to Prince’s “Let’s Go Crazy” on YouTube, she could have anticipated that, nearly a decade later, she would be seeking U.S. Supreme Court review in connection with that video. In Lenz v. Universal Music Corp., Ms.…
The FTC Offers Businesses Tips on How to Respond to a Data Breach
It seems like managing data breaches has become a part of doing business these days. From the October denial of service attack on Dyn (a company that provides core internet services to companies like Twitter, Spotify and Netflix) to the recent hacks of the Clinton campaign’s emails, data breaches are…
#BigBrother and the Era of Hashtag Surveillance
Earlier this month, the ACLU published a report alleging that it had obtained public records showing that social media user data such as location tracking, photos and hashtag usage may have been used by law enforcement to monitor activists and protests. ACLU claims that records show that Twitter, Facebook and Instagram provided…
Augmented Reality, and the Inevitable Regulations, Go!
Well before Pokémon Go burst onto the mobile gaming scene in July, we had written about some of the pitfalls associated with AR gaming. When the game netted some 45 million daily users in just a few weeks, we talked about Pokémon Go some more (potential liabilities and clickwrap enforcement…
The Musical Twitter Bot: Who Has the Copyright for A.I.-Facilitated Works?
Tweet nicely to the Twitter bot, “LnH: The Band”—a newcomer in artificial intelligence music generation—and the bot will automatically compose melodies for you. The AI-based band is “currently working on their first album,” according to LnH Music, but who will own the rights and royalties to the album? Or what…