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Society & Culture
Virtual Legality Episode 135

Rattling the COPPA Saber: On the Weaknesses of the FTC’s Case Against YouTube Content Creators

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1y Nov 19, 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!


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 part of that settlement was also that YouTube affirmatively inform content creators that they are "obligated" to designate their channels as directed (or not directed at kids).

And the FTC has further asserted in multiple (non-court related) venues, that it has the authority to sue content creators.

Now as we've pointed out in Virtual Legality before, anyone can sue anyone, but the question always is "Can they win?".

The FTC might it rather hard for the reasons we discuss in this video.

But that doesn't make them any less dangerous.

The FTC isn't the first federal agency to rattle the saber to try curb behavior beyond it's statutory authority and it certainly won't be the last we look at…in Virtual Legality.

#YouTube #COPPA #FTC


Discussed in this episode:

"COPPA Cabana: On YouTube’s “Legal Requirement” Deception (VL133)"
YouTube Video - November 13, 2019 - Hoeg Law
https://youtu.be/Y3nGh3YvI14

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

"FTC on $170 million settlement with Youtube over child privacy violations – 09/04/2019"
YouTube Video - September 4, 2019 - CNBC Television
https://youtu.be/4WMe1VbGxqg

COPPA Definitions
15 USC 6501
https://www.law.cornell.edu/uscode/text/15/6501

COPPA Regulation of unfair and deceptive acts
15 USC 6502
https://www.law.cornell.edu/uscode/text/15/6502

"Civil actions for recovery of penalties for knowing violations"
15 USC  45(m)
https://www.law.cornell.edu/uscode/text/15/45#m_1_A

"Adjustment of civil monetary penalty amounts
16 CFR § 1.98
https://www.law.cornell.edu/cfr/text/16/1.98

"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

"Request for Public Comment on the Federal Trade Commission's Implementation of the Children's Online Privacy Protection Rule"
https://www.federalregister.gov/documents/2019/07/25/2019-15754/request-for-public-comment-on-the-federal-trade-commissions-implementation-of-the-childrens-online


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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