Virtual Legality

null

(0:00) Opening

(3:04) Mixed Audience Channels

(11:48) Channel Owners Are Obligated To Designate Such Content as Directed to Children

(15:13) Channel Owner

null

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!

***

You shouldn't have to do it.

YouTube should simply give notice and get consent in compliance with COPPA.

But they aren't.

So is one button press able to significantly reduce your exposure to the Federal Trade Commission (FTC)...even if they ultimately disagree with your video labeling?

It might be.

Context is king...in Virtual Legality.

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

#YouTube #COPPA #FTC

***

Discussed in this episode:

J House Law

YouTube Channel

https://www.youtube.com/channel/UChSXF-E4H9YEllJg-A3Jmjw

FTC Revised Complaint against Youtube

https://www.ftc.gov/system/files/documents/cases/172_3083_youtube_revised_complaint.pdf

Google/YouTube Privacy Policy

https://policies.google.com/privacy?hl=en#infocollect

"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

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

2013 COPPA Final Rule Amendment Commentary

https://www.ftc.gov/system/files/2012-31341.pdf

"Upcoming changes to kids content on YouTube.com"

YouTube Support

https://support.google.com/youtube/answer/9383587?hl=en

"YouTube pledged to disable comments on videos with young kids. It hasn't"

CNet - September 25, 2019 - Joan Solsman

https://www.cnet.com/news/youtube-pledged-to-disable-comments-on-videos-with-young-kids-it-hasnt/

***

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/

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.

CHECK OUT THE VIDEO AT: https://youtu.be/Sv0xp8ZLneg

#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

***

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/

null

Disney Plus has hit the ground running with "The Mandalorian", but does Chapter 2 keep the momentum going?

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

#StarWars #Mandalorian #DisneyPlus

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

*Heavy Spoilers Throughout

***

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

When asked about reviews for his brand new whale watching, package delivery, existential philosophy simulator Death Stranding, creator Hideo Kojima pulled no punches.

His statements in response could be interpreted as slights on America, first person shooters (FPS), US reviewers, and more, and all while talking up the quality of taste found in Italy, France, Japan, and the rest of Europe.

Statements that you might very well disagree with wholeheartedly.

But we're very glad he made them all the same.

Today we say nice things about Rian Johnson...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/R1OJ5TV9ln0

#Kojima #DeathStranding #Messaging

***

Discussed in this episode:

"Kojima Blames 'Tougher Critiques' of 'Death Stranding' on American Love of Shooters"

VICE - November 11, 2019 - Matthew Gault

https://www.vice.com/en_us/article/a35p7k/kojima-blames-tougher-critiques-of-death-stranding-on-american-love-of-shooters

"A Blizzard of Backlash (Pt. 8): Doing the Con Con (VL127)"

YouTube - November 2, 2019 - Hoeg Law

https://youtu.be/QdgA4aZH8Qc

"Massaging the Message: Rian Johnson, Star Wars, and Spider-Man (VL99)"

YouTube - September 7, 2019 - Hoeg Law

https://www.youtube.com/watch?v=sEzjqTBBgIM

"Tactical Empathy Action: Assuming Good Faith (w/ Hideo Kojima!) (VL106)"

YouTube - September 24, 2019 - Hoeg Law

https://www.youtube.com/watch?v=jOjyEHWuwU0

"Kojima: Death Stranding Had Stronger Criticism in the US, Possibly Because It’s Not a Shooter"

WCCFTech - November 10, 2019 - Alessio Palumbo

https://wccftech.com/kojima-death-stranding-had-stronger-criticism-in-the-us-possibly-because-it-flies-above-shooters/

***

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)

null

(0:00) Intro

(1:33) YouTubes Deception

(6:47) FTC YouTube Settlement

(10:11) COPPA

Star Wars makes its small screen debut with "The Mandalorian"' on Disney Plus (Disney+).

But is this tale of an almost silent, faceless protagonist in Boba Fett's armor everything Star Wars fans have been waiting for?

Join us as we take a deep dive postmortem look at Episode 1 of this brand new Star Wars series, aptly titled "Chapter 1".

CHECK OUT THE VIDEO AT: https://youtu.be/pgwUy0P244g

#StarWars #Mandalorian #DisneyPlus

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

*Light Spoilers Throughout

*Heavy Spoilers Begin at 7:00

***

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