Hands Off My Post: Rethinking Section 230 and Private Online Platform Liability
Justin Sells Throughout the COVID-19 pandemic and the Israel-Hamas conflict, private online platforms, namely, social media websites such as Facebook, Instagram, and X (formerly Twitter), have censored their respective users by removing, downgrading, or materially altering users’ posts. Before Murthy v. Missouri, the United States government encouraged and coerced private online platforms to censor users. Arguably, the joint efforts of the U.S. government and private online platforms to censor users have resulted in First Amendment violations, copyright infringement, and breach of contract. Private online platforms, however, are shielded from liability under 47 U.S. Code Section 230. This Article argues that...
Choreographic Works in the Age of Social Media: The Issues and Implications of Copyrighting TikTok Dances
Patricia Garza Gonzalez Keara Wilson, the creator of the “Savage” dance on TikTok successfully registered her dance as a choreographic work with the U.S. Copyright Office, making it the first viral TikTok dance protected under the Copyright Act of 1976. She is one of numerous TikTok dance creators seeking copyright protection for their works as the social media platform has bolstered dance dissemination through dance challenges that encourage users to reproduce and post their versions of short routines. Nevertheless, under the current guidelines for choreographic work copyright, TikTok dances are not entitled to copyright protections because of their categorization as...
Digital Art Says: Protect Our “Groove” Too
Annie Kim Digital technology has become one of the most common methods artists use to create art. This advancement in technology causes many copyright difficulties, especially related to artists’ styles. Standardized and common features of digital software have made it far too easy for people to duplicate other people’s work, and more significantly, an artist’s unique style. Current copyright laws are insufficient to address these issues, and there is almost no legal precedent related to protecting an artist’s “art style.” In a groundbreaking case, Williams v. Gaye, the court implemented a two-part test to imply protection for musical styles, the...
Can the U.S. Government Sanction TikTok Like It Is Iran’s Nuclear Program?
Joe Swain This Essay addresses the legality of the Trump administration’s TikTok app store ban. The ban restricted individual or corporate transactions with TikTok in the United States, effectively banning its continued use in the country by restricting its access to revenue. This Essay analyzes the application of the International Emergency Economic Powers Act (IEEPA) to the Trump administration’s actions and explores the resulting case which was decided by the D.C. Circuit. Although the United States District Court for the District of Columbia ruled that the IEEPA is restricted from applying to the Chinese platform, it incorrectly interpreted the meaning...
Defining Copyright Protections on Social Media in the Age of Instagram #Reposts
Jessica Barbaria Globally, more than one billion people use Instagram every month. It is no wonder Instagram’s impressive user base has attracted big businesses to the platform. Brands seeking to grow their audiences often turn to social media to reach new customers, engage with existing customers, and source marketing content. Despite brands’ increasing reliance on Instagram, the legal boundaries of social media marketing are not well defined. Brands do not always know when they have permission to exploit user-generated content, and users do not always feel their content is fully protected. To clarify this uncertainty, Congress should amend the Copyright...
Keeping Private Messages Private: End-to-End Encryption on Social Media
Steven Song Following recent data scandals, online users have become concerned that their private information on the Internet is susceptible to misappropriation. These concerns motivated data privacy regulations such as the General Data Protection Regulation and the California Consumer Privacy Act to ensure better protection against unauthorized access to personal data. Relatedly, Facebook has announced a plan to implement end- to-end encryption (E2EE) for all of its social media messaging systems. E2EE strictly limits access to private messages to the communicating parties. Even the company managing the messaging system cannot access these encrypted conversations. The implementation of E2EE, however, comes...
FTC Social Media Endorsement Guidelines: The Effects on Social Media Users and Business Owners
Jason Kim In the midst of heydays of social media, a social media user will inevitably face a product or service endorsement post in his/her social media feed or thread page. However, in the endorsement post, it is quite rare to see disclosure information as to whether the social media endorser has some kind of commercial relationship with the product manufacturer or service provider. On September 7, 2017 the FTC issued its first ever legal action against individual social media endorsers for posting endorsement posts without revealing their commercial relationship with the service providing company. This action by the FTC...