According to the official Pokémon website, “kids all over the world have been discovering the enchanting world of Pokémon [for over 15 years].” Not surprisingly, many of us who used to be kids in the 15+ years are playing Pokémon Go, but who would have expected nearly 4 of every…
Internet & Social Media Law Blog
Algorithms and the Perception of Bias
On Saturday, July 23, Facebook acknowledged its anti-spam systems had briefly and accidentally blocked links to WikiLeaks files containing internal Democratic National Committee (DNC) emails. WikiLeaks had released 19,000 leaked documents from the DNC containing communication between Democratic Party officials on Friday, July 22. The following day, people tweeted screenshots…
How Does One Insure an Autonomous Vehicle?
Transformative technologies do not just change their own industries—they cause a ripple effect throughout adjacent, more mature sectors. Just as the sudden, mass embrace of augmented reality in Pokémon Go opens up a number of liability concerns, so, too, will the advent of autonomous vehicles (the embrace of which is…
Pokémon Go Ushers in a New, Augmented World of Legal Liability Concerns
We predicted last year that 2016 would be the year of Pokémon. This prophecy came true last week within just two days of the Pokémon Go launch. The location-based augmented reality mobile game/app quickly surpassed Tinder in daily users and neared Twitter’s totals (and as of yesterday, surpassed them), with…
Warner Bros.’s “Paid to Play” Disclosures Draw FTC Action
Earlier this year, the Federal Trade Commission (FTC) went after Warner Bros. Home Entertainment Inc. for not clearly representing that several digital influencers were paid as part of a marketing campaign for the video game Middle Earth: Shadow of Mordor. (See our prior posts on FTC enforcement of its disclosure…
News of Note for the Internet-Minded – 7/7/16
Snapchat announces a seismic shift, Microsoft looks to DNA for your long-term storage needs, and authorities try to get out ahead of some of the predictable consequences of Pokémon Go’s arrival. (Please look where you’re walking as you try to catch them all.) Oculus’ haptic project looks to provide glove-free…
A Little “Mayhem” Reveals Limits to Immunity Provision of Communications Decency Act
As a general rule, a website is not held liable for the content its users post on its platform. The Communications Decency Act (CDA) immunizes websites from lawsuits by not treating the website as the publisher or speaker of content posted by its users. It also allows websites to edit…
News of Note for the Internet-Minded – 6/22/16
To the surprise of no one, Instagram is pretty popular; Samsung puts a billion dollars into the Internet of Things; the FCC’s trying to decide if radio noise is a problem; and there’s an approach to virtual reality that won’t make you want to throw up. The FCC tries to…
Six Ways Site Design Can Potentially Render TOS Agreements Unenforceable
Our recent posts on successful legal challenges to the arbitration clauses in browsewrap and clickwrap agreements have a theme in common—even the most thorough and well-worded agreement can be rendered unenforceable by website design. With this in mind, we have put together a list of otherwise innocuous web design components…
Clickwrap Kryptonite: Don’t Let Site Design Undermine Your TOS
We previously covered the developing legal issues with browsewrap agreements and the importance of reviewing and updating any such agreement to ensure users are bound to the terms. In a browsewrap agreement, the user’s assent to the agreement’s terms is inferred from the user’s use of the website. Often, the…