The Social Media Law Blog is a forum for lawyers, compliance personnel, human resources managers, and other professionals who are struggling with the legal implications of social media across a broad variety of topics. Working professionals and Bloomberg BNA editors may share ideas, raise issues, and network with colleagues to build a community of knowledge on this rapidly evolving topic. The ideas presented here are those of individuals, and Bloomberg BNA bears no responsibility for the appropriateness or accuracy of the communications between group members.
May 3, 2013
by Michael Loatman
A federal lawmaker failed to convince his colleagues to adopt a social media privacy amendment to a federal cybersecurity bill, but legislators in several states have had better luck, as a number of bills recently became law.
April 10, 2013
by Katie Johnson
A cybersecurity bill (H.R. 624) that the House Intelligence Committee is scheduled to mark up April 10 has received pledges of support from many telecommunications and information technology companies, but no prominent social media companies have publicly expressed their support for the measure so far.
March 18, 2013
by Meg McEvoy
Courts and one state (so far) have considered allowing social media websites like Facebook to be used for substituted service of process, though the authenticity of user accounts remains a key issue.
March 15, 2013
Netflix March 13 announced it will take advantage of recent amendments to the 1988 Video Privacy Protection Act (VPPA) by launching Netflix Social, which it said will permit users to share their favorite movies and shows with friends.
March 1, 2013
Social networking companies Facebook Inc. and Twitter Inc. are among several major companies that have admitted recently to being the victims of cyber-attacks.
February 22, 2013
Should the executor or administrator of an estate have access to the digital accounts of the deceased? Or should those accounts, which often include social media, be off limits?
February 1, 2013
The English High Court of Justice, Chancery Division, Jan. 17 granted an injunction barring British tabloid The Sun from publishing seminude photos of Academy Award-winning actress Kate Winslet's new...
January 28, 2013
Facebook Inc.'s recent introduction of "Graph Search" has raised questions among privacy advocates about the new search tool's ability to find information about Facebook users.
January 18, 2013
Facebook is not doing enough to ensure that ads for counterfeit goods and scamming schemes stay off its site, the Norwegian Consumer Ombudsman stated in a follow-up letter to a meeting with the social media giant.
January 15, 2013
BNA's Social Media Law & Policy Report launched in 2012, which was a busy year for social media law. This blog post examines three major trends from last year.
December 14, 2012
Earlier this month, California Assembly Member Nora Campos (D) introduced a bill apply the state's new password protection provisions to public employees.
December 7, 2012
Pinterest, the social networking site on which users post and share pictures on virtual "pin boards," has updated its terms of service to allow business accounts and commercial activity.
November 26, 2012
A bipartisan group of House lawmakers Nov. 8 said that how data brokers collect and use consumer information remains a mystery despite receiving details from nine companies, including several that collect information from social media websites.
November 23, 2012
Twitter suspended but now has reactivated @NYTOnIt, a parody account dedicated to poking fun at some of the New York Times’ lifestyle stories, after a trademark infringement complaint from the media giant.
November 16, 2012
The California Fair Political Practices Commission (FPPC) Dec. 13 is set to consider a proposed regulation that would require campaigns to disclose payments to bloggers and those who post campaign content on sites like Twitter, Facebook, and YouTube.
November 8, 2012
An agency of the U.S. Department of Homeland Security likely was monitoring social media communications when determining the impact of Hurricane Sandy, but a Nov. 8 DHS report promised that it was not collecting personally identifiable information (PII) from everyone who tweeted about #Sandy.
November 2, 2012
Is social media so pervasive in modern society that banning its use by a disfavored group is unconstitutional, even when there is a significant governmental interest in favor of the restriction?
October 22, 2012
Add New Hampshire to the list of states considering limiting employer access to the social media accounts of employees and job applicants.
October 5, 2012
Use of Facebook, Twitter, YouTube, and other social media outlets is up at hospitals and health systems surveyed in a study released Oct. 4 by the CSC Global Institute for Emerging Healthcare Practices. But hospitals are using social media mainly to help build their brands rather than impact treatment or patient outcomes, the study found.
September 28, 2012
A New Jersey assemblyman Sept. 27 introduced legislation to include proper use of social media as a core curriculum topic for students in sixth to eighth grades.
September 24, 2012
New Jersey lawmakers are closer to becoming the latest to approve legislation aimed at reining in demands by employers or educational institutions for social media passwords or access.
September 21, 2012
Lafe Solomon, acting general counsel for the National Labor Relations Board, was the subject of an investigation by the agency's inspector general, and it is possible he may face further scrutiny by the Department of Justice. The IG has said that Solomon reviewed Wal-Mart Stores Inc.'s social media policy while holding stock in the company.
September 7, 2012
Florida judges who use Facebook or similar social networking sites may want to consider re-examining their online friends.
August 31, 2012
Gov. Jerry Brown (D) must decide by Sept. 30 whether to sign or veto a pair of bills meant to protect employee and student social media accounts from the perceived problem of overly curious employers and colleges.
August 24, 2012
Facebook's $1 billion acquisition of Instagram was notable because it employed only about 13 employees and did not have any revenue. Did Facebook offer a king's ransom to prevent a potential rival competitor from emerging?
August 10, 2012
Social media website YouTube appears to be the video-sharing platform of choice for at least one federal agency, which is requiring all entrants to an anti-bullying video contest to use YouTube for submissions in lieu of sending DVDs.
August 6, 2012
The Federal Trade Commission Aug. 1 proposed additional modifications to the Children's Online Privacy Protection Act (COPPA) Rule, which were formally published Aug. 6, in a move that would clarify that plug-ins and advertising networks that collect personal information from children through another's site or service are covered by the rule.
August 3, 2012
Disclosures required by the Federal Trade Commission's Guidelines Concerning the Use of Endorsements and Testimonials in Advertising are necessary even when using emerging social networking platforms, according to a June 29 case report from the National Advertising Division (NAD) of the Council of Better Business Bureaus that dealt with Nutrisystem Inc.'s "Real Customers. Real Success" Pinterest board.
August 2, 2012
Illinois is now the second state after Maryland to limit employer access to the social media accounts of employees and job applicants after Gov. Pat Quinn (D) Aug. 1 signed into law H.B. 3782, which amends the Illinois Right to Privacy in the Workplace Act.
July 27, 2012
Add a child's use of Facebook to the list of topics dueling custodial parents might fight about. It also might be an issue for a court's custodial decree.
July 26, 2012
Taco Bell wanted to argue that a plaintiff's consumer protection lawsuit was "an utter contrivance that is the classic example of a lawyer-driven strike suit." To illustrate, the fast food company asked the court to take judicial notice of the plaintiff's LinkedIn profile page showing he was a paid extern at a law firm. The court refused.
July 18, 2012
Section 1121 of the Food and Drug Administration Safety and Innovation Act (S. 3187), signed into law by President Obama on July 9, tasks the agency with issuing guidance on its policy "regarding the promotion, using the Internet (including social media), of medical products that are regulated by such Administration."
July 6, 2012
Schools will be unable to request user names or passwords from applicants or students if Gov. Jack Markell (D) signs a bill that unanimously passed both chambers of the Delaware Legislature.
July 5, 2012
Government requests for Twitter Inc. user information in the first half of 2012 overwhelmingly have come from the United States, according to the company's first transparency report, which it released July 2.
June 21, 2012
Louisiana has garnered national attention for its new law that requires registered sex offenders to post the details of their conviction on their social media profiles.
June 20, 2012
When the Maryland law to protect social network usernames and passwords was first introduced I wrote it off as typical front-running by political officials, and did not read it closely. DLA Piper's lawyers did and so, after I read their article, did I. What a mess.
June 15, 2012
What information can you really believe when looking over a Facebook, LinkedIn, or other social media profile? That question appeared to be at the heart of two recent cases that questioned the accuracy of data on social media services.
June 11, 2012
The FBI recently released a brochure warning of "Internet Social Networking Risks."
June 4, 2012
by Barbara Yuill
"Case finally over. Unanimous verdict! Celebrating tonight." "Another great victory in court today! My client is delighted. Who wants to be next?" "Won a million dollar verdict. Tell your friends and check out my website." "Won another personal injury case. Call me for a free consultation." "Just published an article on wage and hour breaks. Let me know if you would like a copy." Are these self-congratulatory raves, posted over a one month period by an enthused (but hypothetical) attorney to 500 friends and professional contacts on her personal social media site, actually advertisements? If so, they are subject to the California Rules of Professional Conduct Rules and Business and Professional Code.
May 21, 2012
Myspace. Google. Twitter. Facebook. In the past two years, each has been the subject of an enforcement action by the Federal Trade Commission. But that's not all. In two of those cases, the...
May 18, 2012
Congress often lags behind more nimble state legislatures when it comes to the quick passage of new law on up-and-coming issues. Social media law, it turns out, is no exception. Take the...
Service of Process via Social Media Becoming a Reality?
Update in Federal Video Privacy Law Prompts Launch of “Netflix Social”
CISPA: Will Social Media Companies Come on Board?
Legislative Roundup