We live in a social media age. Over the past decade, social media has fundamentally changed the sphere of public communication, and the law is racing to keep up. As this trend has grown, social and community features have attached themselves to almost every imaginable service, from familiar social media stalwarts like Twitter and Facebook to emerging services that are more particularized like Soundcloud (a music sharing platform) and Venmo (a “social” payment system). If you advise startups in the Internet space, chances are you have more than a few clients with social features in their business plans.
Nearly every one of these services (along with every traditional blogging service and every website comments section), offers an opportunity for anonymous public communication—and anonymity does not tend to bring out the best in people. The companies running these services are often witnesses to that immutable rule, and potentially witnesses in litigation.
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