Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a state level and a federal level. “Comprehensive” privacy laws are thus only one piece of the puzzle. There are federal and state privacy and security laws that apply based on a company’s (1) industry (financial services, health care, telecommunications, gaming, etc.), (2) activity (making calls, sending emails, collecting information at point of purchase, etc.), and (3) the type of individual from whom information is being collected (children, students, employees, etc.). There have been developments this year in each of these areas.Continue Reading Mid-Year Recap: Think Beyond US State Laws!

Florida recently passed a new law and Utah recently repealed and replaced its previously enjoined law with two new bills (available here and here), which regulate minors’ access to social media platforms. The laws highlight states’ continued efforts to protect minors in the social media realm.Continue Reading Mother May I? Florida and Utah Recently Passed Regulations for Minor Use of Social Media Platforms

As it closed out 2020, the Federal Trade Commission (FTC) sent out requests to nine social media and video streaming companies asking them to provide more information about how they treat consumer information. The FTC indicated that it wanted to learn more about the companies’ activities in order to inform the FTC’s approach to privacy and data security. The FTC, in particular, is focused on how the privacy practices of these entities affect children and teenagers. The FTC exercised its authority under a provision of the law that allows it to gather information generally from a particular company or industry (without bringing a specific action against the company or industry). One FTC commissioner did dissent, arguing that the request the FTC made of these companies was too broad.
Continue Reading FTC Focuses on Privacy Practices of Social Media and Video Streaming Companies

The U.S. Copyright Office’s new electronic system for copyright-agent registration and maintenance goes into effect on December 1, 2016, and with it comes new rules. Beginning December 1, all online service providers must submit new designated-agent information to the Copyright Office through the online registration system. Electronic designations should be filed on December 1, 2016, or as soon as possible thereafter. Service providers who fail to timely submit electronic designations will be ineligible for the safe harbor from copyright-infringement liability provided by § 512(c) of the Digital Millennium Copyright Act.
Continue Reading Don’t Lose Your DMCA Safe Harbor Protection!

As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending California’s data security breach notification law and A.B. 370 regarding disclosure of “do not track” and other tracking practices in online privacy policies. Both laws will come into effect on January 1, 2014.
Continue Reading California Enacts New Data Privacy Laws

Many businesses are still coasting along enjoying the marketing advantages of social media without making sure they have a good compliance program in place. For every company with a Facebook fan page or Twitter account roughly 65 percent would admit they do not have a social media policy. For companies with a social media policy, many of those policies have been lifted from online samples that may be over broad, and include provisions that have been challenged with some success in court.
Continue Reading Is Your Company’s Social Media Launch Ahead Of Its Compliance Program

I’ve spent the better part of the last few months acquainting myself with the intersection between privacy and social games. Things can be a bit complicated.[1] The goal of this article will be to explain the current state of affairs and suggest some options to consider when drafting a privacy policy that touches on social games.
Continue Reading Social Games and PRIVACY POLICY PANDEMONIUM