Tag Archives: social media

Senator Warner’s White Paper Gives Congress Options for Regulating Social Media and Technology Companies

Senator Mark Warner of Virginia has released a white paper outlining policy proposals for regulating social media and technology companies. The paper has gained significance in recent weeks as pressure builds on Congress to pass federal data privacy legislation. In the wake of Europe’s GDPR and California’s Consumer Privacy Act, industry groups, tech companies, and privacy activists alike have urged Congress to act.… More

Regulators Step Up Scrutiny of Cryptocurrency Advertising as Industry Stance Softens

We posted earlier this year about increased scrutiny of cryptocurrency advertising, especially the promotion of Initial Coin Offerings, or ICOs.  The key takeaway from that post was that the frenzy around cryptocurrencies – including as an investment opportunity for individuals who aren’t otherwise active investors – has led to a number of efforts to curtail cryptocurrency promotion, from both regulators and industry stakeholders.… More

Bitcoin Takes A Hit As Cryptocurrency Advertising Faces Increased Scrutiny

Crypto is a Greek prefix meaning “secret” or “hidden.”  Unless you live under a rock, or in one of several countries like Bolivia where buying and selling it is illegal, there is nothing secret or hidden about cryptocurrency.  It’s everywhere.  And public interest in cryptocurrency has led to lots of advertising, mostly on social media and the internet.

Spurred on by an incredible—some might say too-good-to-be-true—increase in value in late 2017,… More

Webinar on March 16: Internet Takedowns and Domain Name Disputes for the Generalist In-House Counsel

As all aspects of business inexorably shift toward online, it is not surprising that intellectual property infringement, cybersquatting, and related internet abuses abound. Luckily, there are various procedures available by which aggrieved companies can seek relief short of litigation.

Foley Hoag will present a 60-minute webinar on Thursday, March 16 at 12:30 pm EDT offering guidance for in-house counsel regarding internet takedowns and domain name disputes,… More

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

In a post from earlier today, my colleagues, Lyndsey Kruzer and Mike Rosen, discuss the NLRB’s conclusion that social media comments can be protected activity:

The National Labor Relations Board (NLRB) recently issued a significant decision – solidifying the position it has staked out over the past 18 months – that an employee’s posts on social media may be entitled to protection under the National Labor Relations Act (NLRA),… More

The Right To Be Deleted

If you haven’t Googled yourself in a while, this might be a good time. My own self-search reveals, among other things, a page at mylife.com.  I didn’t put it there, and I’d rather it not be there. However, right now, there isn’t a right to have your personal or professional information be deleted from social media, review sites, and other types of websites that gather your personal information.  However, legislation may be coming that will address this concern.… More

SEC Issues Guidance On Use of Social Media by Investment Advisers

My colleagues Jen Audeh and Jeff Collins have analyzed the SEC’s guidance on the use of social media by investment advisors.  Because of the overlap this issue has with data privacy and security, we are providing this except and a link to their summary:

On January 4, 2012 the SEC’s Office of Compliance Inspections and Examinations issued an exam alert to registered investment advisers which included guidance on the use of social media.… More

AMA Adopts Policy on “Professionalism in the Use of Social Media”

The American Medical Association recently published a policy on "Professionalism in the Use of Social Media," in an apparent attempt to address growing concerns about patient confidentiality and privacy in various internet settings. 

While the policy mostly consists of "considerations" that physicians should "weigh" when maintaining an online presence (none of which are new or earth-shattering), there was one notable exception — a snitch rule: 

"When physicians see content posted by colleagues that appears unprofessional they have a responsibility to bring that content to the attention of the individual,… More

Restricting Employees’ Internet Conduct May Violate Federal Labor Law

The following post was drafted by my colleagues Rob Fisher and Brian Bialas; although their focus is on the employment law aspects of this issue, the implications for corporate security/privacy policies are significant.  In particular, they note that such policies must not prohibit employees from criticizing their employer.  Time to check your existing policies on this point.

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The rise of social media websites has created a host of challenges for employers.… More