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Society & Culture
Virtual Legality Episode 133

COPPA Cabana: On YouTube’s “Legal Requirement” Deception

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1y Nov 13, 2019
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When YouTube settled with the Federal Trade Commission (FTC) earlier this year for violations of the Children’s Online Privacy Protection Act (COPPA), it was based (in part) on YouTube’s acknowledging its own responsibility for compliance with the Act.

But yesterday, as YouTube began to implement systems to ensure such compliance, it became clear that the company intended to frame it as the User’s “legal requirement” rather than its own.

Why did they arrive at such language?

How does the FTC settlement and language of the Act (and Rule) itself suggest against their reading?

And how does such deception hurt YouTube’s image, especially with the contractual rights afforded to them?

We NEVER direct our commentary to kids…in Virtual Legality.

#YouTube #COPPA #LegalRequirement


Discussed in this episode:

“In Studio today, you’ll see a new setting requiring you to indicate if your content is made for kids.
Tweet – November 12, 2019 – YouTube Creators (@YTCreators)
https://twitter.com/YTCreators/status/1194346602279796738

“Seems Team #YouTube is playing (very) fast and loose…”
Tweet – November 12, 2019 – Richard Hoeg (@HoegLaw)
https://twitter.com/HoegLaw/status/1194377596101939201

“Important Update for All Creators: Complying with COPPA”
YouTube – November 12, 2019 – YouTube Creators
https://youtu.be/-JzXiSkoFKw

“YouTube’s doing what?! On Unintended Consequences, COPPA, and the FTC (VL98)”
YouTube – September 4, 2019 – Hoeg Law
https://youtu.be/ymgQ5mlGVV8

“Google and YouTube Will Pay Record $170 Million for Alleged Violations of Children’s Privacy Law”
FTC Press Release – September 4, 2019
https://www.ftc.gov/news-events/press-releases/2019/09/google-youtube-will-pay-record-170-million-alleged-violations

“CHILDREN'S ONLINE PRIVACY PROTECTION RULE (COPPA)”
https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5


PODCAST VERSIONS AVAILABLE AT

Spotify:
(https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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Everett Anderson

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