Virtual Legality

When the Federal Trade Commission (FTC) initially asked for comments to the Children's Online Privacy Protection Act (COPPA) rule, it likely didn't expect the issue to get as big as it has become.

But with the period for comment extended to December 11th, YouTube has finally come out with a summary of what it, itself has submitted to the FTC.

What are the core components of YouTube's comment?

How does it frame YouTube's previous actions on this issue?

And why should content creators not take it as evidence that YouTube is "on their side"?

With great data comes great responsibility...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/yTDeRnMCNrc

#YouTube #COPPA #FTC

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Discussed in this episode:

"Protecting kids & their privacy is important."

Tweet - December 9, 2019 - YouTube Creators

https://twitter.com/YTCreators/status/1204137727567880193

Our comment on COPPA

YouTube Creator Blog - December 9, 2019

https://youtube-creators.googleblog.com/2019/12/our-comment-on-coppa.html

"Regulation of unfair and deceptive acts and practices in connection with collection and use of personal information from and about children on the Internet"

15 USC 6502 (COPPA)

https://www.law.cornell.edu/uscode/text/15/6502

"Request for Public Comment on the Federal Trade Commission's Implementation of the Children's Online Privacy Protection Rule"

FTC - Federal Register

https://www.federalregister.gov/documents/2019/07/25/2019-15754/request-for-public-comment-on-the-federal-trade-commissions-implementation-of-the-childrens-online

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FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

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

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.

CHECK OUT THE VIDEO AT: https://youtu.be/qeINFKi93OM

#YouTube #COPPA #FTC

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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

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FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

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

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(0:00) Intro

(0:46) YouTube Comments On COPPA

(4:13) What is COPPA

(10:53) YouTube is a good thing

(17:50) You should treat adults as adults

(20:33) YouTube has gone too far

(27:16) What is made for kids

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(0:00) Introduction

(0:46) The Mixed Audience Exception

(6:52) The Mixed Audience Exception doesnt exist

(8:11) The FTC complaint is not concerned with mixed audiences

(13:26) LegalEagles description of events

(16:42) Mixed Audiences

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When news broke of comedian Pete Davidson's purported $1M NDA requirement for guests attending his shows, it didn't take long for entertainment outlets to report (and make fun of) the story.

But was that the point?

And is such a contract enforceable in any event?

Come out to the coast, have a few laughs...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/--CmkrvTuhc

#PeteDavidson #NDA #Damages

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Discussed in this episode:

"Pete Davidson fans say they had to sign $1 million NDA before comedy show"

Entertainment Weekly - December 1, 2019 - Rosy Cordero

https://ew.com/tv/2019/12/01/pete-davidson-fans-sign-nda-for-comedy-show/

"It'll cost you $1 million to tell us what happened at Pete Davidson's stand-up show"

AV Club - December 1, 2019 - Sam Barsanti

https://news.avclub.com/itll-cost-you-1-million-to-tell-us-what-happened-at-pe-1840129576

"I got an email today informing me that in order to see this show I have to sign a non disclosure agreement."

Facebook Post - November 27, 2019 - Stacy Young

https://www.facebook.com/events/921701838209401/permalink/965266923852892/

"Confidentiality and NonDisclosure Agreement"

https://www.facebook.com/photo.php?fbid=2925757927457056&set=pcb.965266923852892&type=3&theater

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FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

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

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3j)

Episode 4 of Disney's "The Mandalorian" finds our unnamed protagonist living out his (modified) Seven Samurai fantasies while protecting a small village from Uruk-hai.

Join us as we discuss Chapter 4: "Sanctuary".

CHECK OUT THE VIDEO AT: https://youtu.be/7tYVvqfnzbk

#StarWars #Mandalorian #DisneyPlus

***SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS***

*Heavy Spoilers Throughout*

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FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

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

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050