Internet & Social Media Law Blog
Stories of interest this week include discussions of “melt your brain” VR at YouTube; the resurrecting of deceased loved ones via social media history; transforming that key fob or piece of jewelry into a payment device; and more…
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Periscope, Meerkat, HBO and the Live-Stream Dilemma
With live-streaming apps Periscope and Meerkat becoming increasingly popular, the introduction of a “live” element in the social media game is creating unique business and legal concerns. While most of the videos streamed on Periscope or Meerkat merely allow users to create real-time videos to share with their followers or show snippets of everyday life (like a walk through the park or a birthday celebration), legal complications can arise when users give viewers a glimpse into highly anticipated and publicized live events.
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Safe Harbor Dead: What U.S. Businesses Need to Know/Do Next
The decision of Europe’s top court yesterday to confirm that the ruling that the Europe Union(EU)/U.S. Safe Harbor scheme, Commission Decision 2000/520, was invalid has major implications for any businesses transferring data from the EU to the United States.
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The FDA Takes the Kardashian Endorsement Machine to Task
When Kim Kardashian speaks, the FDA listens.
Or, more precisely, when Kardashian, who has 46.8 million followers on Instagram, posts an enthusiastic endorsement—and advertisement—on the social media platform for Diclegis, a prescription drug for treating morning sickness, the agency takes notice (and gives it). In a letter to Duchesnay Inc., the drug’s makers, the FDA reprimanded the company for the “false or misleading” post and requested not only that Duchesnay take down the post, but that it submit a “comprehensive plan of action to disseminate truthful, non-leading, and complete corrective messages” about the drug.
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Game of Drones: UAV Entertainment and the FAA
With unmanned aerial vehicles (UAV) (also called drones) anticipated to become a multi-billion dollar industry in a few years, many are betting that drone gaming will explode as the next big thing in competitive entertainment. It is not hard to see why: with the aid of first-person view (FPV) headsets and camera-mounted drones, drone gaming allows otherwise gravity-bound users to experience flight at exhilarating speeds—sometimes up to 100 mph. Despite their undeniable appeal and popularity, competitive drone gaming may stay grounded until Federal Aviation Administration (FAA) guidelines and regulations are more favorable. Nevertheless, there are a number of ways that drone manufacturers and drone gaming organizers can facilitate legal drone gaming competitions that may avoid the need of going through an FAA approval process—this post explores a few considerations.
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Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm
Today, Pillsbury attorneys Joseph Tiffany and Connie Wolfe published their client alert titled Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm. The Alert notes that, in the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, the Seventh Circuit Court of Appeals has become the first post-Clapper appellate court to hold that data breach victims adequately alleged standing based on risks of future harm. In Remijas v. Neiman Marcus Group, LLC, the district court dismissed a class action complaint against retailer Neiman Marcus based on the plaintiffs’ lack of Article III standing. Plaintiffs appealed, and the Seventh Circuit reversed. The decision adds a new element of uncertainty for custodians of customer data impacted by data breaches.
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FCC Expands Reach of Telephone Consumer Protection Act
In late July, we posted our client alert titled FCC Expands Reach of Telephone Consumer Protection Act. The Alert discusses the FCC’s July 10, 2015 long-awaited omnibus Declaratory Ruling and Order. The Ruling focuses largely on providing guidance, particularly for new and emerging technologies, regarding what an automated telephone dialing system (aka ATDS or autodialer) is and when consent to use one to place a call or send a text message is required under the Telephone Consumer Protection Act and its implementing regulation, 47 C.F.R. § 64.1200. All businesses should immediately reevaluate their calling and text messaging practices to ensure compliance with the new Ruling, as it is likely to escalate the continued upward trend in TCPA class action filings.
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Uber Is Driving an Unknown Road: How Certain App Features Can Help
Last Friday, Homejoy—a startup that provided on-demand house cleaners—announced that it will be shutting down at the end of July. In an interview with Re/Code, Homejoy’s CEO attributed its fall to the recent Uber decision, further confirming the belief of many that the Uber decision poses a significant threat to companies in the “sharing economy” that rely on being identified as “technological platforms” that facilitate private transactions between independent service provider partners and consumers to avoid certain laws and regulations. Such identification may, for instance, allow companies to properly classify their service provider partners as independent contractors to mitigate costs of compliance with laws and regulations that govern employer/employee relationships. This article considers a few user-directed features or offerings that could help tip the scale in their favor.
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b Spot Named Top Start-Up by TieCon
Congratulations to b Spot, a licensed mobile games community that lets adults legally wager and win cash in the US, which has been named a TiE50 Start Up for 2015.
After screening 2,716 companies worldwide, then narrowing down the group to 160, b Spot was named one of the top 50 start-ups at TiEcon Friday in Santa Clara, California. All 50 as a group are considered the Top Start-Ups of 2015.
TiEcon is the world’s largest conference for entrepreneurs. Winners are judged by an expert panel of venture capitalists, angel investors, serial entrepreneurs, CEOs and technology experts.
“After three years of hard work, it’s gratifying for our company to win a TiE50 award and gain this type of meaningful recognition,” said David Marshall, CEO of b Spot, who presented at the conference. “The Company is being recognized for its ingenuity, technical achievements, and its massive market potential.
Past winners of the TiE50 award include:
– Couchbase - Kabam
– Wildfire Interactive (acquired by Google)
– Bump Technologies (acquired by Google)
– mFoundry (acquired by FIS)
– YuMe (now a public company)
“TiE50 has become a global brand that attracts thousands of companies worldwide. We screened 2716 companies this year and announced the most innovative 160 companies as 2015 TiE50 Top Start-ups. This pool of the very best-of-the-breed is again subjected to another round of rigorous judging to pick out the ultimate 50 winners proudly carrying the 2015 TiE50 Winner recognition. A star attraction of the conference is TiE50 presentations. Audiences are treated to amazing ideas and innovative technologies,” said Ram K. Reddy, the program chair.
About TiE – TiE is a global not-for-profit organization fostering entrepreneurship through mentoring, education, and networking. We consider entrepreneurship to be the single most powerful instrument to advance global prosperity. Our greatest strength is our network of over 60 chapters in 17 countries with a worldwide membership exceeding 14,000 that includes successful entrepreneurs, venture capitalists, corporate executives, and aspiring entrepreneurs. For more information on TiE, visit www.tie.org.
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Around the Virtual World: May 4 – 8, 2015
A weekly wrap up of interesting news about virtual worlds, virtual goods, and other social media.
Goldman a Lead Investor in Funding Round for Bitcoin Startup Circle
Goldman Sachs part of $50 million round that values Circle Internet at around $200 million.
Hands-on With Microsoft HoloLens: Augmented Reality That Doesn’t Make You Sick
By knowing exactly where you are in your environment, the HoloLens software is able to position objects much more steadily, resulting in a more seamless user experience.
Treasury Penalizes Ripple Labs, in First Action Against Virtual Currency Exchange
Agency says Ripple failed to obtain license and follow anti-money-laundering rules.
Augmented Reality Might Fix Our Posture, Social Lives
“I think it’s a natural evolution that we will all be wearing some lightweight, head-mounted display in the far future,” Daqri VP of business development Brian Selzer said on a panel at the NeuroGaming Conference.