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Monthly Archives: February 2019

Elon Musk and Social Media


Elon Musk and Social Media

Well, it looks like social media is once again causing Elon Musk problems. Apparently, Elon’s tweet is less than accurate and he failed to get prior permission before tweeting it. Maybe social media use should become part of the B-School curriculum.

MercuryNews.com: SEC asks judge to hold Tesla CEO Elon Musk in contempt over ‘inaccurate’ tweet

Prosecutors Improperly Using Facebook


Prosecutors Improperly Using Facebook

Here is another example of a prosecutor using a bogus Facebook page to investigate criminal activity.  Like the prosecutor from Ohio, this Pennsylvania prosecutor was sanctioned by the state bar for her social media conduct.  What is interesting here is that the prosecutor was very open about her activities.  Apparently, she alerted other people in her office about her fake Facebook page.

ABAJournal.com: Former DA’s fake Facebook page, intended to ‘snoop’ bath salt sales, cited in suspension

The Antitrust Case Against Facebook

Dina Srinivasan

The Antitrust Case Against Facebook


The Facebook, Inc. (“Facebook”) social network, this era’s new communications service, plays an important role in the lives of 2+ billion people across the world. Though the market was highly competitive in the beginning, it has since consolidated in Facebook’s favor. Today, using Facebook means to accept a product linked to broad-scale commercial surveillance — a paradox in a democracy. This Paper argues that Facebook’s ability to extract this qualitative exchange from consumers is merely this titan’s form of monopoly rents. The history of early competition, Facebook’s market entry, and Facebook’s subsequent rise tells the story of Facebook’s monopoly power. However, the history which elucidates this firm’s dominance also presents a story of anticompetitive conduct. Facebook’s pattern of false statements and misleading conduct induced consumers to trust and choose Facebook, to the detriment of market competitors and consumers’ own welfare

Facebook, Germany, Privacy, and Antitrust


Facebook, Germany, Privacy, and Antitrust

This week Germany’s competition authority placed limitations on how Facebook could collect information on its users.  Specifically, the agency said that Facebook can collect data on its own platform but needs prior permission to collect data from non-Facebook sites if the information is going to be combined. The agency also said that Facebook would need permission when combining Facebook data with information from other services owned by Facebook like WhatsApp and Instagram.  The German agency based its ruling on antitrust principles finding that Facebook exploits its powerful market position by coercing users into giving up personal data.

NYTimes.com: Germany Restricts Facebook’s Data Gathering

Lawyers and Social Media: From the Absurd to the Troubling

David Hricik


Lawyers and Social Media: From the Absurd to the Troubling


This discusses bar opinions and case law addressing the legal ethical issues of using social media, including: (1) Interacting with Prospective Clients, Clients, and Former Clients Through Social Media; (2) Spoliation, Discovery, and Related Early Litigation Issues; (3) Why a Judge May not be Able to Have Friends. . . on Facebook, at Least; (4) At Trial: Using Social Media to Research Jurors, Counsel and Jurors’ Use of Social Media and the Internet, Juror’s Use of the Internet to Research Facts and Law, Juror’s Use of the Internet to Discuss the Pending Case, and Limiting Juror Research: Model Instructions and Beyond; (6) Judicial Use of the Internet and Social Media to Conduct Factual Research; and (7) other issues.