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Society & Culture
Virtual Legality Episode 146

LegalEagle’s Wrong About (Parts of) COPPA: On Age Gates, Mixed Audiences, and YouTube

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1y Dec 9, 2019
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Hello new subscribers! Since I can tell from my comments that many of you are YouTube Content Creators, it is important that you note the following:

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.

And also...it's definitely not made for kids. :)

I know, I know, legal disclaimers and all, but they are important as every given person will have different circumstances and I can't advise folks directly on their own legal matters without a formal relationship. Thanks for watching!


Prominent YouTuber LegalEagle's latest video "You're Wrong about COPPA" is an excellent deep dive into the language and reasoning of the Federal Trade Commission (FTC) and it's actions against YouTube in respect of the Children's Online Privacy Protection Act (COPPA).

Unfortunately, it's also wrong on one of its fundamental premises, that a mixed audience "age gate" is an unavailable option based on the FTC's complaint.

As a number of folks reached out to me to discuss this point, I wanted to clarify my thoughts on the matter, while also acknowledging the good work that LegalEagle generally does (and has done in this video).

Good lawyers of all stripes can disagree on things.

It's one of the reasons the FTC's stance (and proposed imposition of liability on folks just uploading videos) is so frustrating. There's a great deal of ambiguity here and reasonable minds can differ.

We like to keep "mixed" company...in Virtual Legality.

For more on YouTube, COPPA, and the FTC check out our "YouTube At Large" playlist: https://www.youtube.com/playlist?list=PL1zDCgJzZUy8BFeoOUFCRYmb92fkWbm58

#YouTube #COPPA #FTC


Discussed in this episode:

"You're Wrong About COPPA (Real Law Review)"
YouTube Video - December 7, 2019 - LegalEagle
https://www.youtube.com/watch?v=C3Q48dwopVU

"Not Just an FTC Problem: How YouTube’s COPPA Inaction Puts Content Creators At Risk (VL137)"
YouTube Video - November 21, 2019 - Hoeg Law
https://youtu.be/jC43PrL7zsg

"PART 312—CHILDREN'S ONLINE PRIVACY PROTECTION RULE"
https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5

FTC Revised Complaint against Youtube
https://www.ftc.gov/system/files/documents/cases/172_3083_youtube_revised_complaint.pdf

"Google Privacy Policy"
https://policies.google.com/privacy?hl=en-US#infocollect

"Children’s Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business"
FTC "Tips" Blog
https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-six-step-compliance

2013 COPPA Final Rule Amendment Commentary
https://www.ftc.gov/system/files/2012-31341.pdf

Stipulated Consent Order
FTC/New York v Google/YouTube - September 4, 2019
https://www.ftc.gov/system/files/documents/cases/172_3083_youtube_coppa_consent_order.pdf


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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