Are Websites Subject to The Accessibility Requirements of The Americans With Disabilities Act?

It is undeniable that the internet is here to stay, playing an increasingly critical role in our ability to obtain and disseminate information.  No matter the application – business, entertainment, politics, etc. – the internet has become a staple of everyday life.  For many individuals with disabilities, however, navigating the internet can be a less than satisfying endeavor. Read More ›

Categories: E-Commerce, Social Media

Facebook Penalized on Privacy

Facebook has reached a settlement with the Federal Trade Commission regarding charges that it violated users' privacy rights.

Why Facebook was under investigation?

In December 2009, privacy advocates filed a complaint with the FTC following certain changes to Facebook privacy policies.   Specifically, the FTC complaint alleged that Facebook made aspects of its users' profiles - such as name, picture, and friends list - public by default and without user consent. The FTC stated that such actions violated user expectations of privacy and threatened the "health and safety" of users by exposing "potentially sensitive affiliations" such as political views and sexual orientation.

The FTC complaint also alleged other situations where Facebook "made promises that it did not keep," such as promising that it would not share information with advertisers or retain data that it promised users was deleted. Read More ›

Categories: Privacy, Social Media

Juror's Undisclosed MySpace Friendship Secures New Trial for Convicted Felon

In West Virginia v. Dellinger, the West Virginia Supreme Court held that a juror's failure to disclose her MySpace "friendship" with the criminal defendant violated the defendant's constitutional right to a fair and impartial jury.  In Dellinger, the defendant, a sheriff, was convicted of multiple felonies relating to the fraudulent administration of a grant program.  The juror in question was a MySpace "friend" of the defendant and posted a message on the defendant's MySpace page one week before trial.  During voir dire, the juror was asked whether she had any social relationship with the defendant. However, the juror did not acknowledge her MySpace "friendship," and the defendant did not realize that the juror and his MySpace "friend" were one in the same until after the trial.  Read More ›

Categories: Social Media

Video Sharing Site NOT Liable for Infringement - DMCA

If you own or are operating a video or file sharing website that utilizes another's content (read another's copyrights) the following case presents you with a valid defense.  If you are the user whose copyright has been infringed, this law is worth knowing before proceeding with costly litigation.

Veoh Networks - a video hosting website - sought protection under the Digital Millennium Copyright Act's safe harbor provision against a user's infringement claims.  The user claimed Veoh (1) knew of and failed to remove infringing videos uploaded by other users; (2) had the ability to control infringing activity on its system; and (3) that its infringer policy was inadequate. Read More ›

Categories: Copyright, Intellectual Property, Social Media

"Private" Information on Social Networking Websites Deemed Discoverable

In what has become an increasing trend, a plaintiff in a personal injury suit has been ordered to produce otherwise "private" postings on her Facebook and MySpace social networking profiles.  In Romano v. Steelcase, Inc., a New York Supreme Court case, the plaintiff alleged that she suffered serious and permanent injuries after falling off a defect desk chair manufactured by Steelcase.  The plaintiff further claimed that, as a result of these injuries, she was almost entirely bed-ridden.  Read More ›

Categories: E-Discovery, Social Media