Comment: Elonis, True Threats, and the Ontology of Facebook

Alessandra Baniel-Stark

Baniel-Stark

Comment: Elonis, True Threats, and the Ontology of Facebook

Abstract: 

Elonis v. United States, argued before the Supreme Court in December 2014, raises the question of the applicable standard for determining whether speech is a true threat. Of particular interest in Elonis is how the Court will interpret appellant’s speech, which took place on Facebook and often took the form of quoted rap lyrics. This Comment argues that, despite changes the Internet has wrought in how speech is delivered, the appropriate standard for determining whether speech is a true threat is an objective one, as such a standard best addresses the concerns that gave rise to the true threats exception. This Comment further discusses some of the challenges courts have faced in properly conceiving of rap music and urges that a particular view of rap not be enshrined as a matter of Supreme Court jurisprudence.

Social Media Legal Ramifications

Naga Lakshmi Bhagavatula

Naga

Social Media Legal Ramifications

Abstract: 

Online social networks have occupied rather important position in our personal and professional lives. Every action by the social media user has a legal ramification both to the user and the social media platform provider. This paper attempts to outline the intellectual property and privacy concerns, the key legal issues that arise in the social media context and the liability of the social medial networking sites in such cases.

Montana Becomes the Latest State to Limit Access to an Employee’s Social Media Account

Montana

JDSupra: Employers beware: Montana and Virginia are the newest states to limit employers’ access to personal social media accounts bringing the total number of states to 19

Trending Now: The Use of Social Media Websites in Public Shaming Punishments

Goldman

Trending Now: The Use of Social Media Websites in Public Shaming Punishments 

Abstract: 

This Note proposes that a social media shaming sanction might be an effective addition to the menu of public shaming punishments the judiciary already offers. Section II of this Note lays the foundation of shaming punishments in America, giving an overview of their history and development. Section III discusses the Ninth Circuit’s recent decision in Gementera, in which the court upheld a modern-day public shaming punishment, as well as other select cases that have upheld public shaming punishments that involve print media. Section IV outlines the current scholarly debate surrounding the use of public shaming punishments. Section V gives an overview of the presence of social media and Internet usage in today’s society, discusses a new trend among parents in which parents have begun to utilize social media to punish their children, and evaluates public shaming punishments via social media websites from the vantage point of various criminal law theories. Finally, Section VI advocates for the inclusion of online social mediapublic shaming punishments into the judiciary’s already expansive list of sentencing options, but with some limitations and guidelines.

Death and Live Feeds: Privacy Protection in Fiduciary Access to Digital Assets

Jeehyeon Jenny Lee

Lee

Death and Live Feeds: Privacy Protection in Fiduciary Access to Digital Assets

Abstract: 

In 2014, the Uniform Law Commission approved the Uniform Fiduciary Access to Digital Assets Act (UFADAA) for enactment by states. After an online user dies, the act gives her fiduciary broad access to her digital assets, such as email and social networking accounts, in the name of “asset neutrality” — the idea that digital assets should be treated like similar physical assets for the purposes of estate administration. The application of such a concept to our online lives and deaths has significant implications for user privacy and relationships between users and internet service providers. Over 20 states have already introduced bills based on the UFADAA.

This Note argues that an asset neutral approach to digital assets is fundamentally flawed, particularly with respect to social networking and social media content. Crucially, digital assets are often linked to live, real-time feeds from other users’ accounts, and thus provide access to others’ digital assets. The Note proposes several changes to the UFADAA. Most importantly, in order to protect user privacy, fiduciary access should be limited to only the particular decedent’s digital assets and internet service providers should be required to implement this restriction.

Is Social Media the New Era’s ‘Water Cooler’? #Notifyouareagovernmentemployee

Sabrina D. Niewialkouski

Nie

Is Social Media the New Era’s ‘Water Cooler’? #Notifyouareagovernmentemployee
Abstract: 

Current Free Speech doctrine does not sufficiently protect government employees’ First Amendment rights. There are two major flaws in the test implemented by the Supreme Court in order to find whether the First Amendment protects an employee. First, the Garcetti test, where a government employee loses First Amendment protection if her speech is pursuant to her official duty, is inadequate, overbroad, and should be done away with completely – or at the least interpreted more narrowly. Secondly, the Pickering balancing test is less of a balancing and more of a prioritization of the government’s interests and should be interpreted to harmonize both the employee and the government’s interests.

Attorney Position with Social Media Company

yext

Attorney Position with Social Media Company (Yext)

Yext lets companies manage their digital presence in online maps, directories and apps. Over 400,000 businesses make millions of monthly updates across 100+ exclusive global partners, making Yext the global market leader. Digital presence is a fundamental need for all 50 million businesses in the world, and Yext’s mission is perfect location information in every hand. Yext’s powerful software allows customers to:

  • Manage geodata for thousands of locations from one spot

  • Control location details via exclusive integrations with 100+ leading sites, maps, and apps

  • Share local updates on social platforms including Facebook, Google+ and Foursquare

  • Create customer websites for each location built with SEO best practices

  • Measure and monitor with analytics

Recently raising $50 million from Insight Ventures, Yext is investing the funding in new products and international expansion. Yext was named by Forbes as one of America’s Most Promising Companies in 2014 and 2015, was recognized by CNBC in their Disruptor 50 list, was included as one of Fortune’s Best Places to Work 2014, and was featured on Crain’s Fast 50.

Yext is seeking an outstanding attorney to join a small but growing Legal team. In this position, you will partner with our Enterprise and Partner Sales teams in managing, negotiating and executing commercial transactions and with our Product and Engineering teams in advising on intellectual property, privacy and data security matters. The ideal candidate will have experience in negotiating software and content licensing agreements and deep knowledge of privacy and data security regulations.

This position is based in NYC and report directly to our General Counsel.

Responsibilities 

  • Drafting, reviewing and executing a variety of commercial agreements – primarily SAAS subscription agreements – across our Enterprise and Partner sales teams

  • Improving and maintaining our standard commercial agreements and legal processes to help us scale globally

  • Advising on privacy and data security matters within the context of our business and developing and maintaining compliance programs and practices in these areas

  • Advising on a variety of intellectual property matters, including patents, trademarks and open source software and other licensing matters

  • Conducting periodic employee trainings on all of the above

 
Requirements

  • 4-6 years experience in technology transactions at a leading law firm, in-house, or a combination thereof

  • Experience with software, content distribution and general commercial agreements within the online media or technology industry

  • Knowledge of privacy and data security regulations and best practices;

  • Detail oriented, organized, efficient and resourceful

  • Ability to work autonomously in fast-paced environment, manage and prioritize multiple projects and make sound business and legal decisions under tight deadlines

  • Concise and clear communication skills, experience interacting with senior executives and strong negotiation skills

  • A team player, adept at building relationships across the organization and working collaboratively with multiple stakeholders

  • Have a practical, business-oriented approach to problem-solving and be able to effectively counsel internal clients by providing them with clear and concise advice, and creative solutions where necessary, on established timelines to meet business needs

  • Hardworking, self-starter and strong sense of ownership

  • Law degree from an accredited U.S. law school and license to practice law

Compensation, Benefits & Perks
In addition to competitive compensation, flexible hours and vacation, 401(k), and of course, excellent health, dental, and vision insurance. We treat our employees well and offer tremendous growth opportunities.

Challenging work pushes our people creatively in a casual environment that is caring, fun and cooperative. Yext leadership supports our team in moving forward – with business objectives and career development.  We believe that when you have smart, happy people working together, you produce some incredible things.

About
Yext’s headquarters are based in the heart of New York City with 350 employees and was named to Forbes Most Promising Companies in 2014 and 2015 and Fortune’s Best Places to Work 2014. Yext has offices in New York, Virginia and the Netherlands. You can learn about the Yext team and culture on themuse, a bit about our history in Forbes, and learn about our newest launches and activity on our blog.

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