According to Norway's Consumer Ombudsman, Facebook has a problem with counterfeit goods and scamming schemes being advertised on its platform. On November 6, 2012, Norway's Consumer Ombudsman held a meeting with Facebook's representatives and the topic of discussion was misleading advertising for counterfeit goods and scamming sites on its website.
Norway's Consumer Ombudsman's position appears to be that Facebook allows onto its website a significant number of ads for web shops and scamming schemes that are in violation of the Norwegian Marketing Control Act (MCA). These finding are very troubling and may indicate that Facebook may need to spend significantly more to comply with Norway's Marketing Control Act.
How much more will Facebook need to spend to comply with Norway's law will depend on the depth of problem. However, it appears that Facebook's screening process may also fall short here in the United States. I have personally reviewed hundreds of suspected ads for counterfeit merchandise on Facebook so I believe this may be a much larger challenge than many realize.
Does Facebook have a Google pharma ad problem on its hand? In 2011, Google agreed to pay a $500 million dollar fine to
avoid prosecution due to displaying advertisements from Canadian
pharmacies which illegally sold prescription drugs to American
consumers. An important question in the Google case was did it intentionally turn a blind eye
to the matter? Is Facebook intentionally turning a blind eye regarding
advertising for counterfeit merchandise on its platform?
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Showing posts with label The Law and Social Media. Show all posts
Showing posts with label The Law and Social Media. Show all posts
Monday, January 14, 2013
Tuesday, January 10, 2012
Disconnecting From Social Media in 2012
Disconnecting from social media may help one realize that there is more to life than Facebook posting, Tweeting, Google plussing, etc... On Wednesday January 4, 2012, I discussed some of these issues with Washington, DC's Fox 5 News morning Co-Anchor Tony Perkins.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Disconnecting from Technology in 2012: MyFoxDC.com
Life is more fun in the real world than in the virtual world.To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, January 8, 2012
Social Media Law Predictions For 2012
Having foresight and advising clients on how to successfully navigate potential legal risks is what lawyers are paid to do. On January 10, 2011, I made 10 social media law predictions for the year and nine of them have come true; the tenth one appears that it will be realized within the next couple of months. In no particular order, below are some of my social media law predictions for 2012:
1) Social Media account ownership issues will increase.
2) State Legislatures and/or the courts in the United States will address whether employees may be required to turn over their social media user names and passwords and/or install social media monitoring software onto their personal electronic devices so employers may access their employees' private electronic content.
3) State Legislatures and/or the courts in the United States will address whether students and/or college applicants may be required to turn over their social media user names and passwords and/or install social media monitoring software onto their personal electronic devices in order to attend or play inter-collegiate sports.
4) In the United States lawmakers will work to pass bipartisan intellectual property legislation to address social media copyright and trademark issues.
5) Rakofsky v. the Internet will be decided in favor of the Internet.
6) The United States' Federal Trade Commission and the United Kingdom's Advertising Standards Authority will crack down on fraud and misleading social media advertising.
7) Governments around the world will continue to grapple with how to control social media flash mobs, anti-government content, Internet controls, etc...
8) Governing bodies and courts around the world will continue to address social media privacy issues.
9) Social Media usage by political candidates and political causes will greatly increase during the 2012 election cycle and this will lead to increased discussion on updating election compliance laws in the United States and around the world.
10) Lawyers will realize that some of their social media marketing consultants are violating the FTC advertising regulations.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
1) Social Media account ownership issues will increase.
2) State Legislatures and/or the courts in the United States will address whether employees may be required to turn over their social media user names and passwords and/or install social media monitoring software onto their personal electronic devices so employers may access their employees' private electronic content.
3) State Legislatures and/or the courts in the United States will address whether students and/or college applicants may be required to turn over their social media user names and passwords and/or install social media monitoring software onto their personal electronic devices in order to attend or play inter-collegiate sports.
4) In the United States lawmakers will work to pass bipartisan intellectual property legislation to address social media copyright and trademark issues.
5) Rakofsky v. the Internet will be decided in favor of the Internet.
6) The United States' Federal Trade Commission and the United Kingdom's Advertising Standards Authority will crack down on fraud and misleading social media advertising.
7) Governments around the world will continue to grapple with how to control social media flash mobs, anti-government content, Internet controls, etc...
8) Governing bodies and courts around the world will continue to address social media privacy issues.
9) Social Media usage by political candidates and political causes will greatly increase during the 2012 election cycle and this will lead to increased discussion on updating election compliance laws in the United States and around the world.
10) Lawyers will realize that some of their social media marketing consultants are violating the FTC advertising regulations.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, December 29, 2011
The New York Times May Be the Most Trusted News Source in the Social Media Age
The New York Times has been around since 1851 and is regarded as the newspaper of record for the United States. Its reputation is second to none. In the Social Media Age the Gray Lady is still a premier destination for news.
This past week has proven that real world reputation still trumps Facebook Likes, LinkedIn shares, Tweets, etc... If The New York Times reports on something it matters and the world takes notice. For example, on December 25, 2011, the paper reported on a lawsuit that may provide some guidance regarding who owns a Twitter account and what is the value of Twitter follower. Within 24 hours after the article was published the story went viral and news organizations around the world reported on this matter. I appeared on Canada's CTV News Channel last night to discuss the case.
While some may argue that because of Twitter, LinkedIn, Facebook, etc... the story went viral, I disagree. The story went viral because the New York Times reported on it. The proof may be that it was reported online by a major business publication on November 14, 2011 and again on November 17, 2011. The articles were viewed cumulatively approximately 10,000 times online and shared approximately 1000 times via social media. Despite widespread viewing and social media sharing, this story did not go viral until it was covered by the The New York Times.
Reputation is not something that Klout, PeerIndex, etc....are able to accurately measure. Those who believe these companies can measure reputation remind me of the Emperor in the Hans Christian Anderson tale: The Emperor's New Clothes. The bottom line is that reputation is everything and not easily quantifiable.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
This past week has proven that real world reputation still trumps Facebook Likes, LinkedIn shares, Tweets, etc... If The New York Times reports on something it matters and the world takes notice. For example, on December 25, 2011, the paper reported on a lawsuit that may provide some guidance regarding who owns a Twitter account and what is the value of Twitter follower. Within 24 hours after the article was published the story went viral and news organizations around the world reported on this matter. I appeared on Canada's CTV News Channel last night to discuss the case.
While some may argue that because of Twitter, LinkedIn, Facebook, etc... the story went viral, I disagree. The story went viral because the New York Times reported on it. The proof may be that it was reported online by a major business publication on November 14, 2011 and again on November 17, 2011. The articles were viewed cumulatively approximately 10,000 times online and shared approximately 1000 times via social media. Despite widespread viewing and social media sharing, this story did not go viral until it was covered by the The New York Times.
Reputation is not something that Klout, PeerIndex, etc....are able to accurately measure. Those who believe these companies can measure reputation remind me of the Emperor in the Hans Christian Anderson tale: The Emperor's New Clothes. The bottom line is that reputation is everything and not easily quantifiable.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, October 13, 2011
Will the 4th Amendment protect us in the Social Media Age?
Since entering law school in the Fall of 1995, I have watched how the law has evolved to deal with the issues inherent in the Internet Age and now the Social Media Age. The proliferation of cellphones, laptops, Blackberries, iPhones, iPads, Droids, etc... enables us to house our entire lives in one portable electronic device.
It is great to have all of our personal information easily accessible in one place. However, with all of this technology there are many privacy issues that need to be addressed. For example, does the government have the right to access the data contained in our cell phones and other personal electronic devices without a warrant?
In California, Governor Jerry Brown vetoed legislation that would have required a warrant to search the cell phone of a person who has been arrested. This decision by Governor Brown demonstrates a lack of understanding of technology and how we are using it. Cellphones and other personal electronic devices along with our electronic accounts contain a tremendous amount of personal information.
Searching our cell phones, Droids, Blackberries, iPhones, etc....may be akin to searching our homes. Some people keep more private information on their personal electronic devices than in their home so our personal electronic devices should have the same 4th Amendment protections that apply to our homes. California allows law enforcement officials to search a person's cell phone without a warrant if they arrested. However, in Ohio, a warrant is required to search a cell phone unless it is necessary to preserve evidence or unless it is necessary for an officer's safety.
Unless there are exigent circumstances, law enforcement should have no right to search our personal electronic devices unless they have a warrant. We live in a world where all of our personal information can be carried around with us in a small electronic device. Therefore, it is time for the 4th Amendment's protections to account for the Social Media Age.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
It is great to have all of our personal information easily accessible in one place. However, with all of this technology there are many privacy issues that need to be addressed. For example, does the government have the right to access the data contained in our cell phones and other personal electronic devices without a warrant?
In California, Governor Jerry Brown vetoed legislation that would have required a warrant to search the cell phone of a person who has been arrested. This decision by Governor Brown demonstrates a lack of understanding of technology and how we are using it. Cellphones and other personal electronic devices along with our electronic accounts contain a tremendous amount of personal information.
Searching our cell phones, Droids, Blackberries, iPhones, etc....may be akin to searching our homes. Some people keep more private information on their personal electronic devices than in their home so our personal electronic devices should have the same 4th Amendment protections that apply to our homes. California allows law enforcement officials to search a person's cell phone without a warrant if they arrested. However, in Ohio, a warrant is required to search a cell phone unless it is necessary to preserve evidence or unless it is necessary for an officer's safety.
Unless there are exigent circumstances, law enforcement should have no right to search our personal electronic devices unless they have a warrant. We live in a world where all of our personal information can be carried around with us in a small electronic device. Therefore, it is time for the 4th Amendment's protections to account for the Social Media Age.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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