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Section 230(c)(1) of the Communications Decency Act (codified at 47 U.S.C. § 230 (“Section 230”)) has long been credited for the boom of user generated content on the internet — the crux of social media that has driven the online environment for decades.

May 19, 2021
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Insight

As the presidential election draws closer and while remote work arrangements continue, employers may find that they have more opportunities to apply their social media policies in response to emotionally charged posts by employees.

September 17, 2020
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Insight

For almost a quarter of a century, curators of online content have avoided being treated as “publishers” or “speakers” of statements made by third-party users thanks to Section 230(c)(1) of the Communications Decency Act (“CDA”) (codified at 47 U.S. Code § 230), which states that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

March 4, 2020
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Insight

For the period between January and June 2019, Facebook received 128,617 requests for user data from various government entities—16% above the 110,634 requests in the period between July and December…

November 20, 2019
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Insight

Last week, the trustee for Fyre Festival LLC’s bankruptcy estate received court authorization to serve subpoenas on 24 individuals and companies connected to the failed music festival, including…

February 6, 2019
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Insight

Recent headlines involving Buzzfeed News highlighted the challenges that multi-state employers can have when some of their employees are subject to more employee-friendly state laws than others.

February 5, 2019
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Insight

Individuals and companies frequently use social media as a platform to share thoughts and connect with others. But do we know who is following and how they are using our data?

January 30, 2019
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Insight

It is a common misconception that the First Amendment protects a person’s right to say whatever they want, whenever they want.

January 24, 2019
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Insight

Must companies that provide electronic communication services, like Facebook, comply with a subpoena from a criminal defendant?

January 11, 2019
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Insight

Loyalty to one’s employer is a fast disappearing quality it seems and it is not hard to imagine the following scenario: After terminating an especially difficult employee, you have learned that she…

September 27, 2018
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Insight

When talking about background checks in the first two parts of this series, we focused our attention on “consumer” or “investigative” reports an employer might obtain from a third-party company that…

August 16, 2018
Video
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Insight

There’s not one size fits all when it comes to social media policies, however there are some consistent elements that employers should consider having in their guidelines. Chris Bacon outlines these…

July 19, 2016
Video