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Full-Text Articles in Law
No Ifs, Ands, Or Juuls About It: Why Influencers Must Be Held Accountable, Krystina Dorta
No Ifs, Ands, Or Juuls About It: Why Influencers Must Be Held Accountable, Krystina Dorta
Catholic University Journal of Law and Technology
This article analyzes how the FTC’s Endorsement Guide regulating the advertising of e-cigarette products should be applied to social media influencers. The struggle to regulate e-cigarettes by the FDA and the FTC has led to different advertising methods, which either comply with or neglect the FTC’s Endorsement Guide. This article evaluates the federal government’s reaction to the e-cigarette health crisis, followed by a review of the FTC’s previous actions addressing Endorsement Guide violations, along with the consequences on other companies’ marketing strategies. Finally, this article reviews influencer liability standards for Endorsement Guide violations and develops recommendations to improve those standards.
From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe
From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe
Catholic University Law Review
In 1996, Congress passed the Communications Decency Act to allow the screening of offensive material from the internet, while preserving the continued development of the internet economy without burdensome regulation. However, for years, online intermediaries have successfully used the Act as a shield from liability when third parties use their online services to commit tortious or criminal acts. This Comment argues that a wholly-unregulated internet is no longer necessary to preserve the once-fledgling internet economy. After evaluating various approaches to intermediary liability, this Comment also argues that Congress should take a more comprehensive look at consumer protection online and establish …
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
Catholic University Journal of Law and Technology
This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.
Give Me Your Password: The Intrusive Social Media Policies In Our Schools, Talon Hurst
Give Me Your Password: The Intrusive Social Media Policies In Our Schools, Talon Hurst
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.