vs. the U.S. Senate vs. the U.S. Senate

In the article below, Arstechnica provides a good overview of the ongoing battle between the U.S. Senate and CEO, Carl Ferrer.  As some may recall, Mr. Ferrer is fighting a subpoena by the Senate to testify about’s business practices as they relate to the trafficking of people. defies sex trafficking subpoena despite Senate contempt vote

The Copyright Holdout Problem and New Internet-Based Services

John T. Cross



Peter Yu



The Copyright Holdout Problem and New Internet-Based Services



This chapter examines the holdout problem involving a copyright holder’s refusal to license digital content to internet users or third-party intermediaries despite the possibilities of socially valuable uses. It begins with two case studies illustrating the classic holdout problem, which often arises when transaction costs are high or when parties have drastically different expectations. The first case study focuses on the developments concerning Google Books. The second case study examines YouTube and the emergent development of user-generated content. The chapter concludes with three sets of preemptive legal responses that can help address the internet-related copyright holdout problem: limitations and exceptions in copyright law, compulsory or statutory licensing arrangements, and exogenous constraints imposed by competition law.


Social Media Attorney Position

Social Media Attorney Position

Litigation Social Media, Damage Control Attorney

Multi-media company seeks attorney  for New York/Chicago location. Experience in social and multi-media  to be part of in-house legal team. Must be aggressive  and detail -oriented. Financial background  helpful. Salary commensurate with experience. Stock options, benefits and relocation package available. EOE.

To apply send resume and telephone number to Please reference job title in subject line

Friending the Privacy Regulators


William McGeveran

Friending the Privacy Regulators


According to conventional wisdom, data privacy regulators in the European Union are unreasonably demanding, while their American counterparts are laughably lax. Many observers further assume that any privacy enforcement without monetary fines or other punishment is an ineffective “slap on the wrist.” This Article demonstrates that both of these assumptions are wrong. It uses the simultaneous 2011 investigation of Facebook’s privacy practices by regulators in the United States and Ireland as a case study. These two agencies reached broadly similar conclusions, and neither imposed a traditional penalty. Instead, they utilized “responsive regulation,” where the government emphasizes less adversarial techniques and considers formal enforcement actions more of a last resort.

When regulators in different jurisdictions employ this same responsive regulatory strategy, they blur the supposedly sharp distinctions between them, whatever may be written in their respective constitutional proclamations or statute books. Moreover, “regulatory friending” techniques work effectively in the privacy context. Responsive regulation encourages companies to improve their practices continually, it retains flexibility to deal with changing technology, and it discharges oversight duties cost-efficiently, thus improving real-world data practices.


Digital and Social Media Staff Counsel Position


Digital and Social Media Staff Counsel Position

Verizon’s Legal Department seeks junior to mid-level attorney in the Basking Ridge, New Jersey office to handle legal support of advertising, research, marketing and promotions with a focus on digital media, social media, and Mobile Apps.  This role represents a challenging opportunity that combines technology and data knowledge, legal acumen and skilled interaction with business clients, operating in a demanding and fast-paced global environment.

Position Responsibilities:

In addition to the above, the position will include the following primary responsibilities:

  • Advising Marketing, Media, and Advertising business clients across all Verizon lines of business and properties and interacting with internal and external stakeholders on wide range of advertising, technology, intellectual property, and marketing matters.

  • Drafting and negotiating, Marketing, technology, advertising agency, sponsorship, vendor and media buying agreements as well as advising on data and regulatory issues related to all types of advertising and marketing on multi-media platforms.

  • Training clients on relevant digital, social, and mobile media issues and advising on terms of service and privacy policies.

  • Coordinating trademark clearance for social media accounts, Mobile Apps, and hashtags, managing social media watch services, and addressing infringement as necessary.

  • Collaborating with clients and colleagues in developing and/or implementing forward-looking data strategy, privacy policies and industry best practices, and tools related to advertising and research.

  • Advising and providing day-to-day review of marketing strategy, offer development, and claim substantiation and providing education and training of employees where necessary.

  • Ensuring compliance with existing marketing policies, federal and state laws and regulations and assisting in formulation of solutions to any identified problem areas exposing company to risk;

  • Coordinating internally and externally among different client organizations, including legal and other groups in addressing product, promotional and other marketing related issues, including the provision of advice and guidance on contract issues and appropriate risk allocation.

  • Managing and/or counseling clients on various company initiatives with an impact on external communications, such as those involving the development and implementation of new media and the systemic improvements to and/or modifications to product and service offerings.


  • Member in good standing of at least one state bar.

  • JD Degree and at least 3-5 years of experience as a practicing attorney in large law firm or in-house legal department.

  • Excellent academic credentials, solid references, and at least a year working in technology, privacy and data matters and transactions. Experience in new media advertising platforms and advertising transactions is a plus.

  • With the business outpacing the law in digital, social, and mobile media, a successful candidate must be able to analyze both for current and potential legal issues and effectively communicate any risks with stakeholders.

  • Strong drafting, negotiating, writing, and computer skills required, as well as the ability to problem solve in a business-friendly, creative manner.

  • Must be organized, detail oriented with sound judgment, superior interpersonal communication skills and interact well with all levels of personnel.

  • Ideal candidate will be highly motivated with positive team-oriented attitude, ability to develop and lead a team and to balance legal and business risks and multiple priorities in fast-paced environment.

  • Knowledge and prior experience in negotiating and drafting commercial contracts and/or, marketing agreements.

  • Knowledge of advertising and marketing issues and prior experience with federal and state consumer protection laws and regulations

  • Extensive experience drafting, reviewing and negotiating contracts

  • Strong project management skills with proven track record of managing complex projects from inception to completion and team management skills.

  • Strong sense of integrity.

How to Crack Down on Social Media Threats

NY TImes

How to Crack Down on Social Media Threats

The NY Times has four different opinion pieces addressing the best methods for preventing threats on social media.

Feminista Jones: We Have Had to Defend Ourselves Against Online Threats

Danielle Keats Citron: Enforce Existing Threat Laws

Justin Erlich: Better Coordination BetweenVictims, Police and Tech

Ari Waldman: Cybermobs Multiply Threats and Their Danger



How Cities Regulate Their Social Media Sites

How Cities Regulate Their Social Media Sites

Here is an interesting article discussing the issues that arise when cities and other local government agencies attempt to regulate their social media sites.



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