Podcasts about online privacy protection act coppa

So even the people that follow the topic closely are stunned by the digital landscape that engulfs our children, how quickly it evolves, and the potential social cost. Two people in a unique position to explain all this are our guest today, Jeffrey Chester and Kathryn Montgomery, both from the Center for Digital Democracy. Jeff is executive director of the Center, and Kathryn is its research director and senior strategist, as well as professor emerita of communication at American University. Jeff and Kathryn have been pioneers in this work and have been uniquely strong voices for protecting children. Interview Summary Let me congratulate the two of you for being way ahead of your time. I mean the two of you through your research and your advocacy and your organizational work, you were onto these things way before most people were. I'm really happy that you're joining us today, and welcome to our podcast. Kathryn, let me begin with you. So why be concerned about this digital landscape? Kathryn - Well, certainly if we're talking about children and youth, we have to pay attention to the world they live in. And it's a digital world as I think any parent knows, and everybody knows. In fact, for all of us, we're living in a digital world. So young people are living their lives online. They're using mobile phones and mobile devices all the time. They're doing online video streaming. They form their communications with their peers online. Their entire lives are completely integrated into this digital media landscape, and we must understand it. Certainly, the food and beverage industry understand it very well. And they have figured out enormously powerful ways to reach and engage young people through these digital media. You know, the extent of the kids' connection to this is really remarkable. I just finished a few minutes ago recording a podcast with two people involved with the Children and Screens organization. And, Chris Perry, who's the executive director of that organization and Dmitri Christakis who was with us as well, were saying that kids sometimes check their digital media 300 times a day. I mean, just unbelievable how much of this there is. There's a lot of reasons to be concerned. Let's turn our attention to how bad it is, what companies are doing, and what might be done about it. So, Jeff, tell us if you would, about the work of the Center for Digital Democracy. Jeff - Well, for more than a quarter of a century, we have tracked the digital marketplace. As you said at the top, we understood in the early 1990s that the internet, broadband what's become today's digital environment, was going to be the dominant communications system. And it required public interest rules and policies and safeguards. So as a result, one of the things that our Center does is we look at the entire digital landscape as best as we can, especially what the ultra-processed food companies are doing, but including Google and Meta and Amazon and GenAI companies. We are tracking what they're doing, how they're creating the advertising, what their data strategies are, what their political activities are in the United States and in many other places in the world. Because the only way we're going to hold them accountable is if we know what they're doing and what they intend to do. And just to quickly follow up, Kelly, the marketers call today's global generation of young people Generation Alpha. Meaning that they are the first generation to be born into this complete digital landscape environment that we have created. And they have developed a host of strategies to target children at the earliest ages to take advantage of the fact that they're growing up digitally. Boy, pretty amazing - Generation Alpha. Kathryn, I have kind of a niche question I'd like to ask you because it pertains to my own career as well. So, you spent many years as an academic studying and writing about these issues, but also you were a strong advocacy voice. How did you go about balancing the research and the objectivity of an academic with advocacy you were doing? Kathryn - I think it really is rooted in my fundamental set of values about what it means to be an academic. And I feel very strongly and believe very strongly that all of us have a moral and ethical responsibility to the public. That the work we do should really, as I always have told my students, try to make the world a better place. It may seem idealistic, but I think it is what our responsibility is. And I've certainly been influenced in my own education by public scholars over the years who have played that very, very important role. It couldn't be more important today than it has been over the years. And I think particularly if you're talking about public health, I don't think you can be neutral. You can have systematic ways of assessing the impact of food marketing, in this case on young people. But I don't think you can be totally objective and neutral about the need to improve the public health of our citizens. And particularly the public health of our young people. I agree totally with that. Jeff let's talk about the concept of targeted marketing. We hear that term a lot. And in the context of food, people talk about marketing aimed at children as one form of targeting. Or, toward children of color or people of color in general. But that's in a way technological child's play. I understand from you that there's much more precise targeting than a big demographic group like that. Tell us more. Jeff - Well, I mean certainly the ultra-processed food companies are on the cutting edge of using all the latest tools to target individuals in highly personalized way. And I think if I have one message to share with your listeners and viewers is that if we don't act soon, we're going to make an already vulnerable group even more exposed to this kind of direct targeted and personalized marketing. Because what artificial intelligence allows the food and beverage companies and their advertising agencies and platform partners to do is to really understand who we are, what we do, where we are, how we react, behave, think, and then target us accordingly using all those elements in a system that can create this kind of advertising and marketing in minutes, if not eventually milliseconds. So, all of marketing, in essence, will be targeted because they know so much about us. You have an endless chain of relationships between companies like Meta, companies like Kellogg's, the advertising agencies, the data brokers, the marketing clouds, et cetera. Young people especially, and communities of color and other vulnerable groups, have never been more exposed to this kind of invasive, pervasive advertising. Tell us how targeted it can be. I mean, let's take a 11-year-old girl who lives in Wichita and a 13-year-old boy who lives in Denver. How much do the companies know about those two people as individuals? And how does a targeting get market to them? Not because they belong to a big demographic group, but because of them as individuals. Jeff - Well, they certainly are identified in various ways. The marketers know that there are young people in the household. They know that there are young people, parts of families who have various media behaviors. They're watching these kinds of television shows, especially through streaming or listening to music or on social media. Those profiles are put together. And even when the companies say they don't exactly know who the child is or not collecting information from someone under 13 because of the privacy law that we helped get enacted, they know where they are and how to reach them. So, what you've had is an unlimited amassing of data power developed by the food and beverage companies in the United States over the last 25 years. Because really very little has been put in their way to stop them from what they do and plan to do. So presumably you could get some act of Congress put in to forbid the companies from targeting African American children or something like that. But it doesn't sound like that would matter because they're so much more precise in the market. Yes. I mean, in the first place you couldn't get congress to pass that. And I think this is the other thing to think about when you think about the food and beverage companies deploying Generative AI and the latest tools. They've already established vast, what they call insights divisions, market research divisions, to understand our behavior. But now they're able to put all that on a fast, fast, forward basis because of data processing, because of data clouds, let's say, provided by Amazon, and other kinds of tools. They're able to really generate how to sell to us individually, what new products will appeal to us individually and even create the packaging and the promotion to be personalized. So, what you're talking about is the need for a whole set of policy safeguards. But I certainly think that people concerned about public health need to think about regulating the role of Generative AI, especially when it comes to young people to ensure that they're not marketed to in the ways that it fact is and will continue to do. Kathryn, what about the argument that it's a parent's responsibility to protect their children and that government doesn't need to be involved in this space? Kathryn - Well, as a parent, I have to say is extremely challenging. We all do our best to try to protect our children from unhealthy influences, whether it's food or something that affects their mental health. That's a parent's obligation. That's what a parent spends a lot of time thinking about and trying to do. But this is an environment that is overwhelming. It is intrusive. It reaches into young people's lives in ways that make it virtually impossible for parents to intervene. These are powerful companies, and I'm including the tech companies. I'm including the retailers. I'm including the ad agencies as well as these global food and beverage companies. They're extremely powerful. As Jeff has been saying, they have engaged and continue to engage in enormous amounts of technological innovation and research to figure out precisely how to reach and engage our children. And it's too much for parents. And I've been saying this for years. I've been telling legislators this. I've been telling the companies this. It's not fair. It's a very unfair situation for parents. That makes perfect sense. Well, Jeff, your Center produces some very helpful and impressive reports. And an example of that is work you've done on the vast surveillance of television viewers. Tell us more about that, if you would. Jeff - Well, you know, you have to keep up with this, Kelly. The advocates in the United States and the academics with some exceptions have largely failed to address the contemporary business practices of the food and beverage companies. This is not a secret what's going on now. I mean the Generative AI stuff and the advanced data use, you know, is recent. But it is a continuum. And the fact is that we've been one of the few groups following it because we care about our society, our democracy, our media system, et cetera. But so much more could be done here to track what the companies are doing to identify the problematic practices, to think about counter strategies to try to bring change. So yes, we did this report on video streaming because in fact, it's the way television has now changed. It's now part of the commercial surveillance advertising and marketing complex food and beverage companies are using the interactivity and the data collection of streaming television. And we're sounding the alarm as we've been sounding now for too long. But hopefully your listeners will, in fact, start looking more closely at this digital environment because if we don't intervene in the next few years, it'll be impossible to go back and protect young people. So, when people watch television, they don't generally realize or appreciate the fact that information is being collected on them. Jeff - The television watches you now. The television is watching you now. The streaming companies are watching you now. The device that brings you streaming television is watching you now is collecting all kinds of data. The streaming device can deliver personalized ads to you. They'll be soon selling you products in real time. And they're sharing that data with companies like Meta Facebook, your local retailers like Albertsons, Kroger, et cetera. It's one big, huge digital data marketing machine that has been created. And the industry has been successful in blocking legislation except for the one law we were able to get through in 1998. And now under the Trump administration, they have free reign to do whatever they want. It's going to be an uphill battle. But I do think the companies are in a precarious position politically if we could get more people focused on what they're doing. Alright, we'll come back to that. My guess is that very few people realize the kind of thing that you just talked about. That so much information is being collected on them while they're watching television. The fact that you and your center are out there making people more aware, I think, is likely to be very helpful. Jeff - Well, I appreciate that, Kelly, but I have to say, and I don't want to denigrate our work, but you know, I just follow the trades. There's so much evidence if you care about the media and if you care about advertising and marketing or if you care, just let's say about Coca-Cola or Pepsi or Mondalez. Pick one you can't miss all this stuff. It's all there every day. And the problem is that there has not been the focus, I blame the funders in part. There's not been the focus on this marketplace in its contemporary dimensions. I'd like to ask you both about the legislative landscape and whether there are laws protecting people, especially children from this marketing. And Kathy, both you and Jeff were heavily involved in advocacy for a landmark piece of legislation that Jeff referred to from 1998, the Children's Online Privacy Protection Act. What did this act involve? And now that we're some years in, how has it worked? Kathryn - Well, I always say I've been studying advertising in the digital media before people even knew there was going to be advertising in digital media. Because we're really talking about the earliest days of the internet when it was being commercialized. But there was a public perception promoted by the government and the industry and a lot of other institutions and individuals that this was going to be a whole new democratic system of technology. And that basically it would solve all of our problems in terms of access to information. In terms of education. It would open up worlds to young people. In many ways it has, but they didn't talk really that much about advertising. Jeff and I working together at the Center for Media Education, were already tracking what was going on in that marketplace in the mid-1990s when it was very, very new. At which point children were already a prime target. They were digital kids. They were considered highly lucrative. Cyber Tots was one of the words that was used by the industry. What we believed was that we needed to get some public debate and some legislation in place, some kinds of rules, to guide the development of this new commercialized media system. And so, we launched a campaign that ultimately resulted in the passage of the Children's Online Privacy Protection Act. Now it only governs commercial media, online, digital media that targets children under the age of 13, which was the most vulnerable demographic group of young people. We believe protections are really, really very important for teenagers. There's a lot of evidence for that now, much more research actually, that's showing their vulnerable abilities. And it has required companies to take young people into account when developing their operations. It's had an impact internationally in a lot of other countries. It is just the barest minimum of what we need in terms of protections for young people. And we've worked with the Federal Trade Commission over the years to ensure that those rules were updated and strengthened so that they would apply to this evolving digital media system. But now, I believe, that what we need is a more global advocacy strategy. And we are already doing that with advocates in other countries to develop a strategy to address the practices of this global industry. And there are some areas where we see some promising movement. The UK, for example, passed a law that bans advertising on digital media online. It has not yet taken effect, but now it will after some delays. And there are also other things going on for ultra processed foods, for unhealthy foods and beverages. So, Kathryn has partly answered this already, Jeff, but let me ask you. That act that we've talked about goes back a number of years now, what's being done more recently on the legislative front? Perhaps more important than that, what needs to be done? Well, I have to say, Kelly, that when Joe Biden came in and we had a public interest chair at the Federal Trade Commission, Lena Khan, I urged advocates in the United States who are concerned about unhealthy eating to approach the Federal Trade Commission and begin a campaign to see what we could do. Because this was going to be the most progressive Federal Trade Commission we've had in decades. And groups failed to do so for a variety of reasons. So that window has ended where we might be able to get the Federal Trade Commission to do something. There are people in the United States Congress, most notably Ed Markey, who sponsored our Children's Privacy Law 25 years ago, to get legislation. But I think we have to look outside of the United States, as Kathryn said. Beyond the law in the United Kingdom. In the European Union there are rules governing digital platforms called the Digital Services Act. There's a new European Union-wide policy safeguards on Generative AI. Brazil has something similar. There are design codes like the UK design code for young people. What we need to do is to put together a package of strategies at the federal and perhaps even state level. And there's been some activity at the state level. You know, the industry has been opposed to that and gone to court to fight any rules protecting young people online. But create a kind of a cutting-edge set of practices that then could be implemented here in the United States as part of a campaign. But there are models. And how do the political parties break down on this, these issues? Kathryn - I was going to say they break down. Jeff - The industry is so powerful still. You have bipartisan support for regulating social media when it comes to young people because there have been so many incidences of suicide and stalking and other kinds of emotional and psychological harms to young people. You have a lot of Republicans who have joined with Democrats and Congress wanting to pass legislation. And there's some bipartisan support to expand the privacy rules and even to regulate online advertising for teens in our Congress. But it's been stymied in part because the industry has such an effective lobbying operation. And I have to say that in the United States, the community of advocates and their supporters who would want to see such legislation are marginalized. They're under underfunded. They're not organized. They don't have the research. It's a problem. Now all these things can be addressed, and we should try to address them. But right now it's unlikely anything will pass in the next few months certainly. Kathryn - Can I just add something? Because I think what's important now in this really difficult period is to begin building a broader set of stakeholders in a coalition. And as I said, I think it does need to be global. But I want to talk about also on the research front, there's been a lot of really important research on digital food marketing. On marketing among healthy foods and beverages to young people, in a number of different countries. In the UK, in Australia, and other places around the world. And these scholars have been working together and a lot of them are working with scholars here in the US where we've seen an increase in that kind of research. And then advocates need to work together as well to build a movement. It could be a resurgence that begins outside of our country but comes back in at the appropriate time when we're able to garner the kind of support from our policymakers that we need to make something happen. That makes good sense, especially a global approach when it's hard to get things done here. Jeff, you alluded to the fact that you've done work specifically on ultra processed foods. Tell us what you're up to on that front. Jeff - As part of our industry analysis we have been tracking what all the leading food and beverage companies are doing in terms of what they would call their digital transformation. I mean, Coca-Cola and Pepsi on Mondelez and Hershey and all the leading transnational processed food companies are really now at the end of an intense period of restructuring to take advantage of the capabilities provided by digital data and analytics for the further data collection, machine learning, and Generative AI. And they are much more powerful, much more effective, much more adept. In addition, the industry structure has changed in the last few years also because of digital data that new collaborations have been created between the platforms, let's say like Facebook and YouTube, the food advertisers, their marketing agencies, which are now also data companies, but most notably the retailers and the grocery stores and the supermarkets. They're all working together to share data to collaborate on marketing and advertising strategies. So as part of our work we've kept abreast of all these things and we're tracking them. And now we are sharing them with a group of advocates outside of the United States supported by the Bloomberg Philanthropies to support their efforts. And they've already made tremendous progress in a lot of areas around healthy eating in countries like Mexico and Argentina and Brazil, et cetera. And I'm assuming all these technological advances and the marketing muscle, the companies have is not being used to market broccoli and carrots and Brussels sprouts. Is that right? Jeff - The large companies are aware of changing attitudes and the need for healthy foods. One quick takeaway I have is this. That because the large ultra processed food companies understand that there are political pressures promoting healthier eating in North America and in Europe. They are focused on expanding their unhealthy eating portfolio, in new regions specifically Asia Pacific, Africa, and Latin America. And China is a big market for all this. This is why it has to be a global approach here, Kelly. First place, these are transnational corporations. They are creating the, our marketing strategies at the global level and then transmitting them down to be tailored at the national or regional level. They're coming up with a single set of strategies that will affect every country and every child in those countries. We need to keep track of that and figure out ways to go after that. And there are global tools we might be able to use to try to protect young people. Because if you could protect young, a young person in China, you might also be able to protect them here in North Carolina. This all sounds potentially pretty scary, but is there reason to be optimistic? Let's see if we can end on a positive note. What do you think. Do you have reason to be optimistic? Kathryn - I've always been an optimist. I've always tried to be an optimist, and again, what I would say is if we look at this globally and if we identify partners and allies all around the world who are doing good work, and there are many, many, many of them. And if we work together and continue to develop strategies for holding this powerful industry and these powerful industries accountable. I think we will have success. And I think we should also shine the spotlight on areas where important work has already taken place. Where laws have been enacted. Where companies have been made to change their practices and highlight those and build on those successes from around the world. Thanks. Jeff, what about you? Is there reason to be optimistic? Well, I don't think we can stop trying, although we're at a particularly difficult moment here in our country and worldwide. Because unless we try to intervene the largest corporations, who are working and will work closely with our government and other government, will be able to impact our lives in so many ways through their ability to collect data. And to use that data to target us and to change our behaviors. You can change our health behaviors. You can try to change our political behaviors. What the ultra-processed food companies are now able to do every company is able to do and governments are able to do. We have to expose what they're doing, and we have to challenge what they're doing so we can try to leave our kids a better world. It makes sense. Do you see that the general public is more aware of these issues and is there reason to be optimistic on that front? That awareness might lead to pressure on politicians to change things? Jeff - You know, under the Biden administration, the Federal Trade Commission identified how digital advertising and marketing works and it made it popular among many, many more people than previously. And that's called commercial surveillance advertising. The idea that data is collected about you is used to advertise and market to you. And today there are thousands of people and certainly many more advocacy groups concerned about commercial surveillance advertising than there were prior to 2020. And all over the world, as Kathryn said, in countries like in Brazil and South Africa and Mexico, advocates are calling attention to all these techniques and practices. More and more people are being aware and then, you know, we need obviously leaders like you, Kelly, who can reach out to other scholars and get us together working together in some kind of larger collaborative to ensure that these techniques and capabilities are exposed to the public and we hold them accountable. Bios Kathryn Montgomery, PhD. is Research Director and Senior Strategist for the Center for Digital Democracy (CDD). In the early 90s, she and Jeff Chester co-founded the Center for Media Education (CME), where she served as President until 2003, and which was the predecessor organization to CDD. CME spearheaded the national campaign that led to passage of the 1998 Children's Online Privacy Protection Act (COPPA) the first federal legislation to protect children's privacy on the Internet. From 2003 until 2018, Dr. Montgomery was Professor of Communication at American University in Washington, D.C., where she founded and directed the 3-year interdisciplinary PhD program in Communication. She has served as a consultant to CDD for a number of years and joined the full-time staff in July 2018. Throughout her career, Dr. Montgomery has written and published extensively about the role of media in society, addressing a variety of topics, including: the politics of entertainment television; youth engagement with digital media; and contemporary advertising and marketing practices. Montgomery's research, writing, and testimony have helped frame the national public policy debate on a range of critical media issues. In addition to numerous journal articles, chapters, and reports, she is author of two books: Target: Prime Time – Advocacy Groups and the Struggle over Entertainment Television (Oxford University Press, 1989); and Generation Digital: Politics, Commerce, and Childhood in the Age of the Internet (MIT Press, 2007). Montgomery's current research focuses on the major technology, economic, and policy trends shaping the future of digital media in the Big Data era. She earned her doctorate in Film and Television from the University of California, Los Angeles. Jeff Chester is Executive Director of the Center for Digital Democracy (CDD), a Washington, DC non-profit organization. CDD is one of the leading U.S. NGOs advocating for citizens, consumers and other stakeholders on digital privacy and consumer protections online. Founded in 1991, CDD (then known as the Center for Media Education) led the campaign for the enactment of the Children's Online Privacy Protection Act (COPPA, 1998). During the 1990s it also played a prominent role in such issues as open access/network neutrality, diversity of media ownership, public interest policies for children and television, as well the development of the FCC's “E-Rate” funding to ensure that schools and libraries had the resources to offer Internet services. Since 2003, CDD has been spearheading initiatives designed to ensure that digital media in the broadband era fulfill their democratic potential. A former investigative reporter, filmmaker and Jungian-oriented psychotherapist, Jeff Chester received his M.S.W. in Community Mental Health from U.C. Berkeley. He is the author of Digital Destiny: New Media and the Future of Democracy (The New Press, 2007), as well as articles in both the scholarly and popular press. During the 1980s, Jeff co-directed the campaign that led to the Congressional creation of the Independent Television Service (ITVS) for public TV. He also co-founded the National Campaign for Freedom of Expression, the artist advocacy group that supported federal funding for artists. In 1996, Newsweek magazine named Jeff Chester one of the Internet's fifty most influential people. He was named a Stern Foundation “Public Interest Pioneer” in 2001, and a “Domestic Privacy Champion” by the Electronic Privacy Information Center in 2011. CDD is a member of the Transatlantic Consumer Dialogue (TACD). Until January 2019, Jeff was the U.S. co-chair of TACD's Information Society (Infosoc) group, helping direct the organization's Transatlantic work on data protection, privacy and digital rights.

Allison Sheridan shares the tech she used on her recent vacation Safari. And the US House Energy and Commerce Committee has approved the Kids Online Safety Act (KOSA) and the Children and Teens' Online Privacy Protection Act (COPPA 2.0).Starring Sarah Lane, Robb Dunewood, Allison Sheridan, Roger Chang, Joe.Link to the Show Notes.

Allison Sheridan shares the tech she used on her recent vacation Safari. And the US House Energy and Commerce Committee has approved the Kids Online Safety Act (KOSA) and the Children and Teens' Online Privacy Protection Act (COPPA 2.0). Starring Sarah Lane, Robb Dunewood, Allison Sheridan, Roger Chang, Joe. To read the show notes in a separate page click here! Support the show on Patreon by becoming a supporter!

Mike Ferguson in the Morning 09-13-24 Logan Kolas, Director of Technology Policy at the American Consumer Institute, talks about the Kids Online Safety Act (KOSA)  and The Children and Teens' Online Privacy Protection Act (COPPA 2.0). Are they missing the mark regarding protecting our kids? (https://www.theamericanconsumer.org/) (@consumerpal)   NewsTalkSTL website: https://newstalkstl.com/ Rumble: https://rumble.com/c/NewsTalkSTL Twitter/X: https://twitter.com/NewstalkSTL Facebook: https://www.facebook.com/NewsTalkSTL Livestream 24/7: bit.ly/NEWSTALKSTLSTREAMSSee omnystudio.com/listener for privacy information.

The US Justice Department accuses TikTok of violating children's privacy rules once again. This follows previous allegations and ongoing concerns regarding the platform's handling of young users' data. The accusations center on TikTok's data collection practices, questioning if they comply with the Children's Online Privacy Protection Act (COPPA). The Justice Department's actions underscore the continuing scrutiny over major tech companies' data protection practices, especially concerning minors. The current charges add to a series of legal challenges the company faces internationally regarding privacy issues.Learn more on this news visit us at: https://greyjournal.net/news/ Hosted on Acast. See acast.com/privacy for more information.

The Kids Online Safety Act or KOSA, and the Children Teens' Online Privacy Protection Act (COPPA 2.0) has been passed by the US Senate. What's in these two bills and what do they mean for online platforms that target teens and youth? Plus Reddit CEO Steve Huffman wants Microsoft and others to pay to scrape data from the site. And Google introduces new Gemini-powered tools for Chrome desktop like Lens for desktop, natural language integration for search history and more!Starring Sarah Lane, Justin Robert Young, Roger Chang, Joe.Link to the Show Notes.

The Kids Online Safety Act or KOSA, and the Children Teens' Online Privacy Protection Act (COPPA 2.0) has been passed by the US Senate. What's in these two bills and what do they mean for online platforms that target teens and youth? Plus Reddit CEO Steve Huffman wants Microsoft and others to pay to scrape data from the site. And Google introduces new Gemini-powered tools for Chrome desktop like Lens for desktop, natural language integration for search history and more! Starring Sarah Lane, Justin Robert Young, Roger Chang, Joe. To read the show notes in a separate page click here! Support the show on Patreon by becoming a supporter!

This Day in Legal History: Weimar Republic BornOn July 31, 1919, the Constitution of the German Reich was signed in Weimar, Germany, marking the birth of the Weimar Republic. This constitution established a full democracy in Germany, introducing a President, Parliament, and an independent judiciary to govern the nation. It was a groundbreaking document, making Germany the first nation to grant women the right to vote, thus setting a precedent for gender equality in Europe. The Weimar Constitution aimed to create a balance of power, with the President holding significant authority, including emergency powers, while the Parliament, or Reichstag, was responsible for legislation.The Constitution also enshrined civil liberties, including freedom of speech, press, and assembly, and sought to create a welfare state with provisions for unemployment benefits and worker protections. Despite these progressive elements, the Weimar Republic faced numerous challenges, including political extremism, economic instability, and societal divisions. These issues ultimately undermined the Republic, leading to the rise of Adolf Hitler and the Nazi Party in 1933, which brought an end to the Weimar era.The Weimar Constitution is often studied as a significant yet flawed attempt at democracy in a turbulent period of German history, highlighting both the potential and vulnerabilities of democratic governance. This event underscores the importance of stable political and economic foundations in maintaining a democratic system.Law school graduates typically pay over $1,000 to take the bar exam, but this fall, they have a chance to earn $1,500 by participating in a beta test for the National Conference of Bar Examiners' (NCBE) new NextGen Bar exam. This revamped exam, set to debut in July 2026, is seeking about 2,200 participants from the 46,000 taking the 2024 bar exam for an October trial run. Researchers will use the prototype to compare results with the current exam and to develop a new national score scale. The trial will also evaluate the effectiveness of individual questions and assist jurisdictions in setting their passing scores.The NextGen Bar exam, developed in response to criticisms that the existing test doesn't reflect actual law practice, aims to be more skills-oriented and less reliant on rote memorization. It will be nine hours long, split over two days, compared to the current exam's 12 hours. The new exam will be administered on computers instead of paper. So far, 21 jurisdictions plan to adopt the new exam between July 2026 and July 2028. The prototype test will be conducted in 32 states on October 18-19 or October 25-26, with sign-ups from August 19-29, targeting graduates from both ABA-accredited and non-ABA-accredited law schools, including first-time and repeat bar takers.Bar exam officials offer law grads $1,500 to beta test revised exam | ReutersMeta Platforms has agreed to a $1.4 billion settlement with Texas to resolve a lawsuit accusing the company of illegally using facial-recognition technology to collect biometric data from millions of Texans without their consent. This settlement, announced on July 30, 2024, is the largest ever reached by a single state. The lawsuit, filed in 2022, was the first significant case under Texas' 2009 biometric privacy law, which allows for damages of up to $25,000 per violation. Texas claimed that Facebook, Meta's subsidiary, captured biometric data billions of times from user-uploaded photos and videos via the "Tag Suggestions" feature, which has since been discontinued.Meta, while pleased with the settlement, continues to deny any wrongdoing and is considering future business investments in Texas, such as developing data centers. Texas Attorney General Ken Paxton praised the settlement, emphasizing the state's commitment to holding major tech companies accountable for privacy violations. This agreement was reached in May, just weeks before a trial was scheduled to begin. In a similar case, Meta paid $650 million in 2020 to settle a biometric privacy lawsuit under Illinois law. Meanwhile, Google is currently contesting a separate lawsuit in Texas over alleged violations of the state's biometric law.Meta to Pay Record $1.4 Billion to End Texas Biometric Suit (2)Meta to pay $1.4 billion to settle Texas facial recognition data lawsuit | ReutersThe Senate passed landmark legislation aimed at making social media platforms safer for children, marking significant congressional action to regulate the tech industry for the first time in over 25 years. In a bipartisan vote of 91-3, senators approved two bills to enhance privacy and safety for kids on platforms like Instagram, TikTok, and Snapchat. The legislation now moves to the House, where its future is uncertain due to a tight legislative schedule and concerns about potential impacts on free speech and user privacy.The push for regulation comes amid growing public pressure to address the mental health risks posed to children by social media, including addictive algorithms and harmful content. The Biden administration, mental health advocates, and parents have been vocal in demanding action. The Senate's overwhelming support is seen as a potential catalyst for House approval.The Kids Online Safety Act (KOSA) and the Children and Teens' Online Privacy Protection Act (COPPA 2.0) form the legislative package. KOSA aims to create a "duty of care" for social media companies to prevent harm like suicide and eating disorders by regulating app design features. Violations would be penalized by the Federal Trade Commission. COPPA 2.0 updates a 1998 law to prevent companies from collecting personal information from teens aged 13-16 without consent and bans targeted advertising to kids.Opponents argue that the bills could lead to online censorship, but supporters counter that the focus is on platform design, not content. Senators Rand Paul, Mike Lee, and Ron Wyden voted against the measures, citing censorship concerns. However, co-sponsor Sen. Marsha Blackburn insists the bills are about providing tools for parents and kids to protect themselves online.House Speaker Mike Johnson has expressed interest in reaching an agreement on the proposals. Sen. Richard Blumenthal hopes the House will recognize the urgency of protecting children online and act accordingly.Big Tech Gets Rare Rebuke in Senate With Kids' Privacy RulesA federal watchdog report revealed that judiciary employees filed 17 complaints against federal judges from fiscal 2020 to 2022, highlighting issues like abusive conduct, religious discrimination, and pregnancy-related harassment. The Government Accountability Office (GAO) found that some judges faced consequences, such as private reprimands or findings of creating hostile work environments. These complaints were processed under the Judicial Conduct and Disability Act. Additionally, judiciary employees filed 161 employment dispute resolution complaints, containing over 500 allegations, primarily of discrimination.The report noted a rise in allegations from 124 in fiscal 2020 to 336 in fiscal 2022. This increase could be due to improved trust in reporting mechanisms or the return to in-person work post-pandemic. The GAO emphasized that judiciary employees' protections are similar to those for most federal employees, though some protections are more limited. The judiciary's training materials align with Equal Employment Opportunity Commission (EEOC) practices, but inconsistencies exist across circuits.The GAO recommended that the judiciary start tracking informal reports of workplace misconduct to better understand and address the scope of the problem. Currently, this data isn't collected, potentially leading to an undercount of incidents. A national climate survey conducted last year might help evaluate policy effectiveness, though its data wasn't ready in time for the GAO report. The Administrative Office of the US Courts cooperated with the GAO study, facilitating interviews with various judiciary personnel despite some delays.It is worth noting that, short of impeachment, there is little that can be done to truly reprimand a federal judge. US Court Staff Filed 17 Complaints Against Judges, Watchdog SaysThe Fifth Circuit Court ruled that Texas can maintain a floating river barrier on the Mexico border, marking a significant victory for Governor Greg Abbott against the Biden Administration. This decision overturns a previous preliminary injunction by a federal trial court, which had ordered Texas to cease work on the 1,000-foot barrier and move it to the riverbank. Judge Don R. Willett stated that the district court erred in its judgment, contradicting long-standing precedent.The case is scheduled to return to the district court for trial on August 6 in Austin, Texas. The ruling also reverses an earlier Fifth Circuit panel decision that had upheld the district court's injunction. Judges Andrew S. Oldham, Priscilla Richman, and James C. Ho provided concurring opinions, with Ho partially dissenting, arguing that federal courts may lack jurisdiction since Abbott invoked the federal invasion clause in response to the immigration crisis.During oral arguments, some conservative judges suggested that the barrier is lawful under the premise that Texas has the right to defend itself against a migrant invasion. Texas has used the invasion clause to justify other border policies that typically fall under federal jurisdiction. Other judges contended that the Rio Grande stretch with the barrier is not navigable, meaning Texas did not violate the federal Rivers and Harbors Act. The barriers have been in place since January, pending the full court's review of the panel's decision favoring Biden.Texas Can Maintain Floating Border Barriers, Fifth Circuit Rules This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Host: Adam Gardiner The U.S. Senate passed two bills today aimed at protecting minors on social media. The Kids Online Safety Act (KOSA) and Children’s Online Privacy Protection Act (COPPA) 2.0 passed with broad bi-partisan support. The bills will give children, parents, and teachers more control over the kinds of things they see online, and work to hold social media companies accountable for harmful content. KSL at Night host Adam Gardiner digs into the details of the bills, and explains why Utah’s two Senators voted differently on the legislation.

Host: Adam Gardiner   U.S. Senate passes bills to protect minors on social media The U.S. Senate passed two bills today aimed at protecting minors on social media. The Kids Online Safety Act (KOSA) and Children’s Online Privacy Protection Act (COPPA) 2.0 passed with broad bi-partisan support. The bills will give children, parents, and teachers more control over the kinds of things they see online, and work to hold social media companies accountable for harmful content. KSL at Night host Adam Gardiner digs into the details of the bills, and explains why Utah’s two Senators voted differently on the legislation.   Jordan School District joins suit against social media companies Here in Utah, the Jordan School District is trying to protect children from the harms of social media. The District is now a lead plaintiff in a federal case brought by hundreds of school districts against companies like Meta, TikTok, and Snapchat. Jordan School District Board President Tracy Miller explains why they’re getting involved in this fight. She also goes into detail on how social media has hurt students in the District.   New developments in the Trump shooting investigation The Acting Director of the Secret Service testified before Congress today, giving new information and details about their investigation into the Trump rally shooting earlier this month. Senators Mike Lee and Josh Hawley each asked questions of the Acting Director, but with very different approaches and lines of questioning. Which one is more helpful in this situation? KSL at Night host Adam Gardiner shares his thoughts.   What’s happening following the Venezuelan elections last weekend? Protests have erupted in Venezuela and around the world following the presidential elections last weekend. Many people agree that the election was stolen by the socialist incumbent, and most countries in the world have refused to accept the “official” results of the election. Ana Rosa Quintana, Senior Policy Director at The Vandenberg Coalition is an expert on Venezuelan politics and joins the show to explain what’s happening and what it could mean going forward.

This Day in Legal History: Medicare Bill SignedOn July 30, 1965, President Lyndon B. Johnson signed the Medicare bill into law, marking a significant milestone in American healthcare. This landmark legislation, part of Johnson's Great Society programs, aimed to address the healthcare needs of the nation's elderly population. With the stroke of his pen, Johnson established Medicare, a federal program providing comprehensive health insurance to Americans aged 65 and older. The bill was signed at the Truman Library in Independence, Missouri, with former President Harry S. Truman by Johnson's side, recognizing Truman's early efforts to promote national health insurance.Medicare went into effect the following year, in 1966, offering hospital and medical insurance to millions of senior citizens. This historic act transformed the landscape of healthcare in the United States, ensuring that older Americans would no longer face financial ruin due to medical expenses. Medicare's introduction also set the stage for future expansions, including the addition of prescription drug coverage and the establishment of Medicare Advantage plans. Over the decades, Medicare has become a cornerstone of the U.S. healthcare system, providing vital health services to millions of Americans and significantly reducing poverty among the elderly. The signing of the Medicare bill remains a pivotal moment in the pursuit of healthcare equity in the United States.A federal appeals court overturned a $79 million attorneys' fee award in T-Mobile US Inc.'s $350 million settlement of a data breach lawsuit. The US Court of Appeals for the Eighth Circuit ruled that the lower court abused its discretion by approving an excessive fee award in a case that settled quickly and without extensive legal proceedings. The court reversed the fee award, reinstated the objection of class member Cassie Hampe, and remanded the case for further proceedings. The litigation stemmed from a 2021 data breach affecting 76.6 million people, with settlement approval sought in July 2022. Judge Brian C. Wimes initially approved the fee award in June 2023, dismissing objections from Hampe and Connie Pentz as abusive. However, the appeals court found no evidence of bad faith or extortion by Hampe and criticized the lower court for not adjusting the fee award based on the hours worked by class counsel. The court noted that class counsel's fee request amounted to an hourly rate of $7,000 to $9,500, deemed unreasonable. The case was sent back for further consideration, with the involvement of multiple law firms representing the parties.T-Mobile Deal's $79 Million Attorneys' Fee Award Gets OverturnedBig Law firms are reevaluating their strategies following a ruling in the Eastern District of Virginia that barred Vinson & Elkins from representing wood-pellet maker Enviva Inc. in its bankruptcy due to a conflict of interest with private equity firm Riverstone Investment Group LLC. This decision has raised concerns about potential conflicts when firms represent both private equity sponsors and their distressed portfolio companies in Chapter 11 proceedings. The ruling could force law firms to choose between lucrative private equity deals and bankruptcy cases, potentially reshaping their business models.The court rejected Vinson & Elkins' proposal to separate their work for Riverstone and Enviva, citing ethical concerns. This outcome could lead to more aggressive challenges by the US Trustee and might require law firms to adopt stricter conflict management practices. Although some view the decision as specific to the case's facts, it signals a need for firms to better navigate ethical responsibilities.The ruling has already influenced how law firms approach bankruptcy cases involving private equity-backed companies, with future decisions possibly reaching higher courts for further clarification. Despite this, experts like Nancy Rapoport and Bruce A. Markell believe that Big Law firms will adapt and continue to thrive by finding compliant ways to manage conflicts of interest.Big Law Confronts Tail Risk Threat to Private Equity BankruptcyA New York state judge has ruled against appointing an outside monitor for the National Rifle Association (NRA) but banned former CEO Wayne LaPierre from serving as an officer or director for ten years. The decision by Justice Joel Cohen of the Manhattan Supreme Court comes from a four-year-old civil case initiated by state Attorney General Letitia James. Although a mixed outcome, the ruling followed a trial stage where jurors found LaPierre and others guilty of financial mismanagement, including funding LaPierre's lavish lifestyle. LaPierre was ordered to repay $4.35 million to the NRA, and former finance chief Wilson Phillips was ordered to repay $2 million.James sued the NRA in August 2020, citing greed, poor oversight, and cronyism. Following the ruling, both parties were directed to negotiate governance changes that could reduce the NRA's board size and facilitate new board candidacies. Despite the lawsuit, the NRA has perceived the case as politically motivated. The NRA, founded in 1871, has seen its influence wane, including within the Republican Party, as its membership and revenue have declined. NRA President Bob Barr acknowledged the jury's findings and reiterated the organization's commitment to good governance. LaPierre, who resigned just before the trial's first stage, has not commented on the ruling.Judge won't require monitor for NRA, bans ex-chief LaPierre for 10 years | ReutersThe American Bar Association (ABA) has issued its first formal ethics opinion on the use of generative artificial intelligence (AI) by lawyers, emphasizing the need for adherence to ethical obligations. The ABA's ethics and professional responsibility committee highlighted that lawyers must ensure competence, protect client confidentiality, communicate appropriately, and handle fees ethically when utilizing AI technology. While AI can enhance efficiency in legal tasks such as research, document drafting, and analysis, it also poses risks like producing inaccurate results. Lawyers are advised to prevent unintended disclosure of client information and consider informing clients about their use of AI tools. The ABA's opinion serves as guidance for interpreting model rules, although these are not binding. The opinion cautioned against relying on AI-generated outputs without verification, noting instances where lawyers have cited nonexistent cases or inaccurate analyses, leading to potential misrepresentations in court.Recent cases illustrate the consequences of unverified AI use, with a federal judge in Virginia considering sanctions for a filing that included fictitious cases and fabricated quotations. While some courts require lawyers to disclose their use of AI, others, like the 5th U.S. Circuit Court of Appeals, have declined to adopt such rules.State bar associations have also been developing their own AI guidelines, recognizing the rapidly evolving nature of the technology. The ABA anticipates ongoing updates to their guidance to keep pace with developments in AI.Lawyers using AI must heed ethics rules, ABA says in first formal guidance | ReutersThe U.S. Senate is poised to pass significant online child safety reforms through two bills: the Children and Teens' Online Privacy Protection Act (COPPA 2.0) and the Kids Online Safety Act (KOSA). These reforms aim to enhance protections for minors on social media platforms. COPPA 2.0 will prohibit targeted advertising to minors, restrict data collection without consent, and allow parents and children to delete their information from social media. KOSA will establish a "duty of care" for social media companies to design safer platforms for minors.Despite bipartisan support in the Senate, with an 86-1 procedural vote, the bills face uncertainty in the Republican-controlled House, currently on recess until September. While some social media executives support KOSA, others, including leaders from Meta and TikTok, have expressed concerns. Critics, including tech industry groups and the American Civil Liberties Union, argue that the bills could limit access to important content for minors.In response to these concerns, the bill's language was amended, reducing the enforcement role of state attorneys general. Supporters like Josh Golin of Fairplay for Kids argue that KOSA targets specific risks, such as promoting harmful content, without granting legal grounds for government censorship. The legislation's future now hinges on approval in the House of Representatives.US Senate set to pass major online child safety reforms | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: National Security Act of 1947On July 25, 1947, Congress passed the National Security Act of 1947, a landmark legislation that restructured the United States' military and intelligence operations in the post-World War II era. This pivotal act established the National Security Council (NSC), which would advise the President on security matters, and created the Central Intelligence Agency (CIA) to gather and analyze foreign intelligence. The Act also led to the formation of the Department of Defense, unifying the previously separate Department of War and Department of the Navy, and creating the National Military Establishment. This new establishment comprised three separate departments: the Army, the Navy, and the newly-formed United States Air Force. Additionally, the Joint Chiefs of Staff were established to ensure coordinated military strategy among the services. The National Security Act of 1947 fundamentally reshaped the U.S. defense and intelligence framework, reflecting the changing nature of global threats and the need for a cohesive national security strategy in the early Cold War period. This legislation laid the foundation for the modern American military and intelligence community, shaping U.S. defense policy for decades to come.Walt Disney Co. must face a lawsuit backed by Elon Musk over the firing of Gina Carano, a former star of “The Mandalorian.” A federal judge in Los Angeles, Judge Sherilyn Peace Garnett, ruled against Disney's motion to dismiss the case, stating that Disney did not prove that employing Carano was an act of First Amendment-protected expressive association. The judge noted that Disney had not shown evidence that it hires actors to promote values like respect, decency, integrity, or inclusion.The case will explore California's protections for employees' political activities outside of work. Carano, a former mixed martial artist, argues she was dismissed due to her political views, which clashed with the show's audience on social media. The incident that led to her firing was a February 2021 Instagram post comparing the treatment of Trump supporters to that of Jews during the Holocaust. Carano claims her male co-stars were not disciplined for their liberal-leaning posts, even when they also referenced the Holocaust. Strained logic, but we live in a time of strained logic.Judge Garnett found that Carano sufficiently alleged her firing could have been to deflect criticism from Disney's business practices and reorganization under former CEO Bob Chapek. Schaer Jaffe LLP represents Carano, while O'Melveny and Myers LLP represents Disney, Lucasfilm, and Huckleberry Industries. The case is Carano v. Walt Disney, C.D. Cal., No. 24-cv-1009, 7/24/24.Disney Must Fight Musk-Backed ‘Mandalorian' Actor Firing SuitThe U.S. Senate is set to vote on two online safety bills targeting the protection of children and teens on social media. Scheduled for Thursday, these bills have garnered broad bipartisan support and are expected to pass. Senate Majority Leader Chuck Schumer emphasized the importance of updating safety measures to address current online threats to children.The Kids Online Safety Act (KOSA) aims to mandate social media platforms to offer minors options to safeguard their information and deactivate addictive features by default. It also imposes a legal duty on companies to mitigate risks such as suicide and disordered eating among minors.The Children and Teens' Online Privacy Protection Act (COPPA 2.0) proposes a ban on targeted advertising to minors and data collection without their consent. It also allows parents and children to delete their information from social media platforms.These bills represent the first significant legislative efforts to ensure online safety for children since the original COPPA was enacted in 1998. Tech companies like Microsoft and Snap have shown support for these initiatives, while Meta Platforms suggested that federal law should require app stores to seek parental approval for downloads by users under 16.US Senate set to vote on two child online safety bills | ReutersBoeing has finalized a guilty plea to a criminal fraud conspiracy charge and will pay at least $243.6 million for breaching a 2021 agreement with the U.S. Justice Department. This breach involved allowing potentially risky work at its factories and not ensuring accurate or complete airplane record keeping. Boeing admitted to conspiring to defraud the Federal Aviation Administration by making false representations about key software for the 737 MAX.The Justice Department found Boeing violated the deferred prosecution agreement after a January in-flight panel blowout on an Alaska Airlines 737 MAX exposed ongoing safety and quality issues. Additionally, Boeing disclosed false stamping at its 787 plant in South Carolina, leading to further investigations. The company also failed to ensure proper sequence in airplane manufacturing, increasing the risk of defects.By way of very brief background, "false stamping" refers to the practice of improperly marking or certifying parts or components as meeting required safety and quality standards when they do not. This fraudulent activity can involve the use of counterfeit certification stamps or documentation to falsely indicate that a part has passed necessary inspections and tests. Such actions undermine the integrity of the aircraft manufacturing process, potentially compromising the safety and reliability of the airplanes.Boeing agreed to pay a maximum fine of $487.2 million, with a credit for its previous $243.6 million payment, and will spend at least $455 million over the next three years to enhance safety and compliance programs. An independent monitor will oversee Boeing's compliance, with annual progress reports made public. Families of the 737 MAX crash victims can file objections before Judge Reed O'Connor, who will decide on accepting the deal and potential restitution. Boeing's board must also meet with the victims' families within four months of sentencing.Boeing finalizes 737 MAX guilty plea deal, US outlines reasons | ReutersUnited States v. The Boeing Company (4:21-cr-00005)The Federal Trade Commission (FTC) is set to implement updates to its health data breach notification rule on July 29, which could lead to increased litigation for companies providing health-related services through mobile apps. These amendments, finalized in April, extend the rule's coverage to companies that aggregate health information from multiple sources, which are not currently governed by the Health Insurance Portability and Accountability Act (HIPAA).The rule mandates that businesses must notify affected individuals and the FTC within 60 days of discovering a breach affecting 500 or more people. Non-compliance could result in civil penalties of up to $51,744 per violation. The FTC's amendments broaden the rule's scope, potentially transforming it from a data security breach rule to a consent requirement for sharing health data.Legal experts have raised concerns about the FTC's lack of a precise definition for "authorized access," which could complicate compliance and lead to fines and litigation. Despite stakeholders' requests for clearer guidelines, the FTC only stated that unauthorized disclosures might include the sharing or selling of consumer information inconsistent with a company's stated policies.The expanded rule could cover around 170,000 additional entities, though industry groups believe this number may be higher. Many of these entities might need to develop robust notification programs, as the new requirements mark unfamiliar territory for some.The updated rule could also increase lawsuits against healthcare-related businesses for exposing user data to third-party advertisers. For example, enforcement actions against GoodRx and Easy Healthcare Corp. cited breaches due to sharing health information with advertisers via pixel tracking technology.The FTC's broad interpretation of "unauthorized access" has significant implications. If a company's privacy policy is not sufficiently descriptive regarding data collection and sharing, the FTC may consider it an unauthorized disclosure. This aggressive stance by the FTC necessitates careful attention from industry players.The rule also raises questions about who is responsible for reporting breaches concerning personal health records (PHR). Companies might struggle to determine whether they are acting as downstream service providers or PHR-related entities, complicating their compliance obligations.FTC Health Breach Rule's New Updates May Spur More Litigation This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Just two moms talking about childrens' online safety...except one mom is also a Congresswoman and Chair of the House Energy and Commerce Committee. Congresswoman Cathy McMorris Rodgers is the first female Chair of one of the most powerful committees in the House of Representatives. This committee is dedicated to providing parents with safeguards to get our children protected online. This is an all-out war against Big Tech and our childrens' lives are at stake. Use your voice and let's get our kids protected online. Parents: Our voices are what's going to make a difference in this fight for online privacy and childrens' safety. Contact your representative (both the House and the Senate) and tell them to support: American Privacy Rights Act (APRA) Kids Online Safety Act (KOSA) Children's Online Privacy Protection Act (COPPA 2.0) Section 230 Sunset Act As a reminder, you have 2 Senators and a member of the House of Representatives of your district. Contact your Representative in the House: Visit house.gov and enter ZIP code at the top right to find your representative Contact your Senators: Visit senate.gov and use the state drop down at the top of your screen Resources: WSJ: Sunset of Section 230 Would Force Big Tech's Hand Interview with Marc Berkman Cathy McMorris Rodgers is the Chair of the House Energy and Commerce Committee and represents Washington's Fifth Congressional District. She was appointed to the House Energy and Commerce Committee in 2010. In addition to her policy leadership on the Committee, Cathy also served in House Republican Leadership for 10 years as Vice Chair and Chair of the House Republican Conference. More about Chair Rodgers here: https://mcmorris.house.gov/ --- Support this podcast: https://podcasters.spotify.com/pod/show/scrolling2death/support

KIDS ONLINE SAFETY - Kids online safety will be back in the spotlight. TODAY - lawmakers will meet to discuss a handful of social media bills, including the Children's Online Privacy Protection Act (COPPA) and Kids Online Safety Act (KOSA). If it becomes a law, it would be one of the most significant kids' online safety statutes in more than 20 years. This comes as nearly half of teens say they use the Internet almost “constantly” and nearly 58% of teens use TikTok daily. Nicole D'Antonio is live in DC with a preview.

TEEN MENTAL HEALTH - A poll by EdWeek Research Center found that teens are increasingly using social media to self-diagnose their mental health issues. In fact, researchers found 55% of students use social media to self-diagnose, and 65% of teachers say they've seen this happen in their classrooms. This comes as a hearing is scheduled for tomorrow dealing with a handful of social media bills, including the Children's Online Privacy Protection Act (COPPA) and Kids Online Safety Act (KOSA). Nicole D'Antonio joins us live from Washington with details.

Tech earnings are in the spotlight. Fed blackout period on until the next rate decision- coming up. Shutdown - STILL LOOMING! The fishing trip of a lifetime ! PLUS we are now on Spotify and Amazon Music/Podcasts! Click HERE for Show Notes and Links DHUnplugged is now streaming live - with listener chat. Click on link on the right sidebar. Love the Show? Then how about a Donation? Follow John C. Dvorak on Twitter Follow Andrew Horowitz on Twitter Warm Up - Change of tune   .. inflation is old news - Big tech moving markets - earnings out - AI now to blame for higher costs (lower earnings) - In the heart of earnings season Market Update - Fed holding on to outlook - Worries bout default and no speaker of the house - Earnings continue to confuse as no absolute trend Guatemala - wow epic fishing adventure (just got in 2 hours ago) - 3 days of once in a lifetime fishing - Sailfish, Dorado, YellowFin Tuna (1000's of lbs caught over 3 days) - Spinner Dolphin (porpoise) everywhere November 15th Webinar  "2024 - What's in Store?  Register for the November 15th, 2024 Webinar Back on the attack - A bipartisan group of 33 attorneys general is suing Meta over addictive features aimed at kids and teens, according to a complaint filed Tuesday in a federal court in California. The support from so many state AGs of different political backgrounds indicates a significant legal challenge to Meta's business. - The federal suit also accuses Meta of violating the Children's Online Privacy Protection Act (COPPA) by collecting personal data on users under 13 without parental consent. - The states are seeking an end to what they see as Meta's harmful practices, as well as penalties and restitution. JP Morgan's Dimon -JPMorgan Chase & Co. Chief Executive Officer Jamie Dimon said the fact that central banks got financial forecasting “100% dead wrong” about 18 months ago should prompt some humility about the outlook for next year. -Speaking on a panel at the Future Investment Initiative summit in Riyadh, Saudi Arabia, Dimon voiced doubts that central banks and governments around the world could manage the economic fallout from rising inflation and slowing global growth. M&A -Chevron (CVX.N) agreed to buy U.S. rival Hess (HES.N) for $53 billion in stock in a deal that reflects top U.S. energy companies drive for oil and gas assets in a world seeking lower-risk future fossil supplies and higher shareholder returns. - We've got too many CEOs per BOE (barrels of oil equivalent), so consolidation is natural," said Chevron Chief Executive Michael Wirth, adding the world could expect to see other deals. Ackman's Change  of Tune - Ackman's move to exit his short against the 30-year Treasury could be a sign that his main fear is shifting from an overheated economy featuring higher interest rates and inflation to a slowing economy that could fall into recession amid geopolitical risks -   The economy is slowing faster than recent data suggests,” Ackman wrote in a Monday post on X, formerly Twitter, adding that “there is too much risk in the world to remain short bonds at current long-term rates.” - Remember when he gave the dire warning during COVID   "HELL IS COMING" Stepping it up -The White House on Monday said Iran was in some cases "actively facilitating" rocket and drone attacks by Iranian-backed proxy groups on U.S. military bases in Iraq and Syria, and President Biden has directed the Department of Defense to brace for more and respond appropriately. - No end in sight - Lot's of discussion how that could actually help to tamp down inflation Davos of the Desert - The annual event is typically used by attendees as an opportunity to build relationships with some of Saudi Arabia's biggest companies and its $778-billion sovereign wealth fund, drawn by the promise of deals as the kingdom embarks on an ambitious reform plan to wean its economy off oil.

Last year, the Senate Commerce Committee marked up two bipartisan bills to protect kids' privacy and safety – the Kids Online Safety Act (KOSA), and the Children and Teens' Online Privacy Protection Act (COPPA 2.0) – amidst high hopes that the bills would get a vote on the Senate floor. With comprehensive privacy legislation still tripped up over preemption and private rights of action, policymakers thought that legislation to protect kids would have the best chance of passage. The bills never made it to the floor, however, and they died in the 117th Congress. https://www.adlawaccess.com/2023/08/articles/kids-privacy-and-safety-redux-amended-kosa-and-coppa-2-0-advance-by-voice-vote/ Jessica Rich jrich@kelleydrye.com (202) 342-8580 www.kelleydrye.com/Our-People/Jessica-L-Rich Darby Hobbs dhobbs@kelleydrye.com (202) 342-8412 https://www.kelleydrye.com/Our-People/Darby-B-Hobbs Subscribe to the Ad Law Access blog - www.adlawaccess.com/subscribe/ Subscribe to the Ad Law News Newsletter - https://www.kelleydrye.com/News-Events/Publications/Newsletters/Ad-Law-News-and-Views?dlg=1 View the Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center Find all of our links here linktr.ee/KelleyDryeAdLaw Hosted by Simone Roach

According to the FTC, Epic will pay $275 million for violating the Children's Online Privacy Protection Act (COPPA) and another $245 million for design relying on dark patterns "to dupe millions of players into making unintentional purchases." Is this just a case of parents not paying enough attention to what their children are doing online? Or does Epic bear some responsibility to help keep kids safe? We discuss this landmark case and what it might mean for the future of online gaming.We'll also be talking about how Microsoft might introduce an ad-supported Game Pass tier, John Carmack's announcement that he's leaving Meta, the gamer that claims parents have hired him to beat their children at video games and crush their confidence, and the biggest gaming news stories of 2022.Finally, class is in session with Professor Ryebread in our Gaming History 101 segment. In this episode, we're looking at the 1980 lawsuit in which Atari sued Phillips over Pac-Man.We love our sponsors! Please help us support those who support us!- Check out the Retro Game Club Podcast at linktr.ee/retrogameclub- Visit the Leetist Podcast at linktr.ee/LeetistPodcast- Connect with CafeBTW at linktr.ee/cafebtwHosts: @wrytersview, @donniegretro, @retrogamebrews Opening theme: "Gamers Week Theme" by Akseli TakanenPatron theme: "Chiptune Boss" by @donniegretroClosing theme: "Gamers Week Full-Length Theme" by Akseli TakanenMerch: gamers-week-podcast.creator-spring.comSupport the show

Hey everybody, I'm Joe Miller and here's what's going on in the world of tech law & policy this week. It's a lot. Where should we start? Let's start with Twitter - which continues to meltdown after Elon Musk's acquisition of the company last month to the tune of $44 billion. Employees are fleeing the company in droves after Elon challenged them with the ultimatum of taking either a three-month severage package or staying with the new “hard core” version of the company, whatever that means. As of Friday afternoon, Twitter workers were still heading for the exit doors.    Also, Senators Blumental, Menendez, Booker, Markey, Lujan, and Feinstein sent a letter to Federal Trade Commission Chair Lina Kahn, expressing concern that Twitter may already have violated the agency's consent decrees for privacy violations. These lawmakers urged the FTC to step up enforcement of the decrees. And Twitter has also suspended its roll out of verified blue checks because it and outside researchers found that a high number of them are pornographers, crypto scammers, and right-wingers.   –   Color of Change released a report card on politicians' performance on civil rights-related tech issues like discriminatory surveillance.  Anna G. Eshoo (Calif.), Cori Bush (Mo.), Jamie Raskin (Md.), Pramila Jayapal (Wash.) and Yvette Clarke (N.Y.) and Sens. Cory Booker (N.J.), Edward J. Markey (Mass.), and Elizabeth Warren (Mass.) – all got perfect scores. More than 40 Republicans, though, got zeros.   –   The Senate released a report showing social media's ongoing failure at curbing extremism happening online. Most of that is coming from white supremacists, according to the FBI, DHS. So the Senate, which will remain under democratic control, is investigating why social media companies have been so slow to respond.   –   And the fallout from the FTX crypto exchange debacle is expanding, with a hearing scheduled for next month before the House Financial Services Committee.    —- A coalition of parents whose children have died from suicides, using drugs purchased online, and viral challenges, wrote a joint letter to Congressional leaders under the auspices of Fair Play, Parents Together Action, and the Eating Disorders Coalition. They're pushing Congress to pass both the Children and Teens' Online Privacy Protection Act (COPPA 2.0) and the Kids Online Safety Act. Some hope for a markup by the end of this year.   —-   Also   Brutal caste discrimination in India against gig workers. Attackers are going after Muslims and Dalits in particular.    Privacy advocates including the Electronic Frontier Foundation and American Civil Liverties Union are suing San Francisco Mayor London Breed for allowing the San Francisco Police Department to gain essentially unfettered access to live surveillance cameras.    People under house arrest in Chicago are getting erroneous messages from their ankle bracelets saying they may end up back in jail.   Scientific American highlights concerns about mental health apps. Some 85 industry-funded studies didn't explore potential harms of these platforms.    To go deeper, you can find links to all of these stories in the show notes. Stay safe, stay informed, have a great week. Ciao. 

You've probably heard of shoppers losing a lot of money to identity theft, especially after shopping online. Whenever you buy something from an eCommerce website, do you ever stop to wonder whether they keep your personal information securely? Creating a data privacy policy for your website is the first step in keeping your customers' data safe, which results in higher customer satisfaction and retention. It's also a requirement for e-commerce businesses operating in most countries. I will show you how to create a data privacy policy for your eCommerce store and share a few examples that you can emulate. 1. Know the industry standards Data privacy policy requirements vary greatly from one industry to the next. Sometimes the policies can even vary within the same industry depending on how and where a store is conducting its business. For example, if your online store collects cookies for re-marketing or retargeting, you must disclose this on the privacy policy. Similarly, if your online store attracts minors, you'll have to include a policy addressing that. And if you market your products to children directly, you have to follow the Children's Online Privacy Protection Act (COPPA) regulations. For example, The Walt Disney shop has an entire page dedicated to children's online privacy policy. Therefore, to create a comprehensive eCommerce privacy policy, you must first understand the requirements and standards of your industry and location. Beyond your industry, ensure any third-party service providers linked to your website (e.g. payment provider) are fully compliant with necessary regulations in their industries. The good news is that having a clear privacy policy is a norm for top service providers in eCommerce. For instance, Judge.me applications are compliant with most critical regulations including the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA). We've developed certain features to make sure the privacy rights of store owners and reviewers are protected according to these regulations. Once you are familiar with industry standards, you can start auditing or inspecting your website to see if it is compliant with the guidelines. Many eCommerce store owners do not build their websites. Most of them are also not involved in the day-to-day technical aspects of an eCommerce website. If that's the case for you, you'll need to sit down with your developers or IT department for a chat on your site's data practices. Find out what data is collected, where it is stored, how long it is stored, who it is shared with, why it is shared, etc. The data will help you create a comprehensive privacy policy, which should save you from expensive legal implications. 2. Decide who will be responsible The best way to ensure your eCommerce store is compliant with data privacy regulations at all times is by assigning the task to an expert. You could do this by hiring an in-house lawyer. However, privacy regulations can be very complex. And if your business operates across multiple jurisdictions, following all regulations can become even more difficult. For example, if you sell products in California, you'll need to follow the California Consumer Protection Act. Moreover, some laws get updated regularly. It might be a good idea to outsource these services to firms that specialize in data privacy policies with all this in mind. That doesn't just take the taxing work off your shoulders, but it should also give you some peace of mind knowing a team of experts is handling the legal stuff for you. 3. Include the company and contact information Creating a data privacy policy is not just about making your business compliant with the set regulations. The policy is also good for building customer relations. A good privacy policy makes customers trust you more. Including your contact details in the policy makes your business look even more transparent. It allows customers to reach you with ease any time they have priva...

As the drumbeat to modernize the Children's Online Privacy Protection Act (COPPA) continues, all components of the 1998 law have come under scrutiny, particularly the Safe Harbor provision. Under COPPA, the FTC has the ability to approve industry groups to administer self-regulatory programs implementing the protections for children outlined in the rule. Recently, some lawmakers … Continue reading COPPA Questions: Are Safe Harbors Effective? →

BLESSED ASSURANCE!Weekly Message by Pastor ShaneSunday, November 14, 2021Pastor Shane shares in this message, "Blessed Assurance," from 1 John 5:11-13, how it is difficult to distinguish in this day and age the difference between truth and untruth.To support this ministry (click link below):https://www.hisvision.org/give Channel content  PREMIERE  Your video  BLESSED ASSURANCE!  DetailsAnalyticsEditorComments Subtitles Settings Send feedbackVideo details Title (required) BLESSED ASSURANCE! Description BLESSED ASSURANCE! Weekly Message by Pastor Shane Sunday, November 14, 2021 Pastor Shane shares in this message, "Blessed Assurance," from 1 John 5:11-13, how it is difficult to distinguish in this day and age the difference between truth and untruth. To support this ministry (click link below): https://www.hisvision.org/giveThumbnail Select or upload a picture that shows what's in your video. A good thumbnail stands out and draws viewers' attention. Learn more Playlists Add your video to one or more playlists. Playlists can help viewers discover your content faster. Learn more Sermons Audience This video is set to made for kids Set by you Regardless of your location, you're legally required to comply with the Children's Online Privacy Protection Act (COPPA) and/or other laws. You're required to tell us whether your videos are made for kids. What's content made for kids?Features like personalized ads and live chat won't be available on videos made for kids. Learn more Yes, it's made for kids. Features like personalized ads and live chat won't be available on videos made for kids.  Learn more No, it's not made for kids  Paid promotion, tags, subtitles, and more Video link https://youtu.be/fmt5-_gDCzc Filename BLESSED ASSURANCE21.mp4 Video qualityVisibilityPremiereRestrictionsMade for kids Subtitles  End screen  Cards Link copied to clipboard

In this episode, we discuss the Children's Online Privacy Protection Act (COPPA). It's not nearly as boring as it sounds! - A project Fred's been working on for drip7 - Heather Stratford, Episode 61 - What is COPPA? - Children's Online Privacy Protection Act (COPPA) in 1998 - COPPA required the Federal Trade Commission to issue and enforce regulations concerning children's online privacy. The Commission's original COPPA Rule became effective on April 21, 2000 - The FTC has an excellent and detailed FAQ: https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions–0 - What is it designed to do? - The primary goal of COPPA is to place parents in control over what information is collected from their young children online. - The Rule was designed to protect children under age 13, while accounting for the dynamic nature of the Internet. - The Rule applies to operators of commercial websites and online services (including mobile apps and IoT devices, such as smart toys) directed to children under 13 that collect, use, or disclose personal information from children, or on whose behalf such information is collected or maintained (such as when personal information is collected by an ad network to serve targeted advertising). - It applies not only to U.S. operators but to foreign ones as well - Does COPPA help to limit child access to inappropriate content? - No. COPPA is not designed to prevent child access to any content online. Its only purpose is to regulate the collection of information from children under the age of 13. - What “personal information” is protected under COPPA? - First and last name; - A home or other physical address including street name and name of a city or town; - Online contact information; - A screen or user name that functions as online contact information; - A telephone number; - A Social Security number; - A persistent identifier that can be used to recognize a user over time and across different websites or online services; - A photograph, video, or audio file, where such file contains a child's image or voice; - Geolocation information sufficient to identify street name and name of a city or town; or - Information concerning the child or the parents of that child that the operator collects online from the child and combines with an identifier described above. - What rights do parents have under COPPA? - If a company, web site, or service is covered by COPPA, it must adhere to the following requirements: - Post a clear and comprehensive online privacy policy describing their information practices for personal information collected online from children; - Provide direct notice to parents and obtain verifiable parental consent, with limited exceptions, before collecting personal information online from children [under the age of 13]; - Give parents the choice of consenting to the operator's collection and internal use of a child's information, but prohibiting the operator from disclosing that information to third parties (unless disclosure is integral to the site or service, in which case, this must be made clear to parents); - Provide parents access to their child's personal information to review and/or have the information deleted; - Give parents the opportunity to prevent further use or online collection of a child's personal information; - Maintain the confidentiality, security, and integrity of information they collect from children, including by taking reasonable steps to release such information only to parties capable of maintaining its confidentiality and security; - Retain personal information collected online from a child for only as long as is necessary to fulfill the purpose for which it was collected and delete the information using reasonable measures to protect against its unauthorized access or use; and - Not condition a child's participation in an online activity on the child providing more information than is reasonably necessary to participate in that activity. - Recent News - #2021–08–29 Angry Birds maker sued for allegedly violating child privacy https://appleinsider.com/articles/21/08/29/angry-birds-maker-sued-by-new-mexico-for-allegedly-violating-coppa - New Mexico's attorney general Hector Balderas alleges that Rovio Entertainment has been collecting and selling the personal data of children under the age of 13 - Balderas also alleges “aggressive targeting” of underage children “through the sale of in-game goods, out-of-game media, and merchandise.” - Allegation that Revio surreptitiously “exfiltrates” the personal information of children and then sells it. - #2021–08–10 Google will add privacy steps for teenagers on its search engine and YouTube. https://www.nytimes.com/2021/08/10/business/google-youtube-teenagers-privacy.html - #2021–07–08 FTC settles with app for violating COPPA https://www.lexology.com/library/detail.aspx?g=d6c81d0a-d363–4f3e-a5fa–455a3fd83e55 - #2021–07–01 Online Coloring Book App Recolor Settles FTC Allegations It Illegally Collected Kids' Personal Information https://www.ftc.gov/news-events/press-releases/2021/07/online-coloring-book-app-recolor-settles-ftc-allegations-it - #2021–03–18 Facebook is working on a version of Instagram for kids under 13 https://www.theverge.com/2021/3/18/22338911/facebook-instagram-kids-privacy-coppa - #2020–07–27 COVID–19 and COPPA: Children's Internet Privacy in a New, Remote World https://www.natlawreview.com/article/covid–19-and-coppa-children-s-internet-privacy-new-remote-world - #2019–12–18 Parents Sue TikTok for COPPA Violations, Settle for $1.1M https://www.jdsupra.com/legalnews/parents-sue-tiktok-for-coppa-violations–67961/ - Possible class action against Musical.ly (creator of TikTok) and ByteDance (current owner) - Allegations that defendants “failed to deploy appropriate safeguards,” - #2017–07–28 COPPA and Schools: The (Other) Federal Student Privacy Law, Explained https://www.edweek.org/technology/coppa-and-schools-the-other-federal-student-privacy-law-explained/2017/07

America's children and teenagers spend tremendous amount of time on the internet and never more than during the Coronavirus pandemic, with families at home so much, people ordered food, got news and engaged with family and friends online. Youngsters whose schools closed, relied on YouTube for educational videos, attended virtual classes on Zoom and to Google Classroom and flocked to TikTok, Snapchat and Instagram for entertainment and social interaction. This cost of digital immersion has a serious health downside however, because the nation's youth have been exposed to a steady flow of marketing for fast foods, soft drinks, and other unhealthy products. Today we'll be discussing a new report from the Center For Digital Democracy entitled, "Big Food, Big Tech, and the Global Childhood Obesity Pandemic."     Interview Summary   Our guests today are Jeff Chester, Executive Director of the Center for Digital Democracy and Senior Strategist Kathryn Montgomery, both are dogged and their work on this topic and in my mind are true pioneers.   So Jeff let's begin with you, before we dig into the nuts and bolts of the report could you explain to our listeners the role that data play in online food and beverage marketing? What kinds of data are the companies collecting and how?   Well today you no longer can separate marketing and advertising from data, data collection, data analytics, and data use, whether you're online doing any of the activities you just mentioned that kids were doing during the pandemic, where you go to the grocery store and use your loyalty card, go to the gas station, even pass a billboard, data about you is increasingly being collected, everything you do, everywhere you go, and not only you, what your family does and what your friends do and what your community does. All that is now collected and harvested. So personalized advertising can be delivered to you regardless of where you are and what you're doing. And food and beverage companies have been in the forefront taking advantage of all this data to push very unhealthy food marketing to children and teens.   So Jeff you painted this picture of a lot of data being collected of a lot of people and so I'm assuming this applies to children as well as teenagers when they're visiting the internet - that their data are being harvested and that gets used to market things specifically to them. So is that correct?   It works in a number of ways, even though there is a children's privacy law that supposedly limits the amount of data that can be collected on children under 13. In fact, companies collect huge amounts of data, they violate the law on children, and certainly teens are easily accessible by the data companies, but it's not just personal data, it's data about their families. So for example, the companies now know what mom and dad buy at the grocery store or the commercials even that the kids watch at home for example, when they're viewing streaming video or just regular television, so all that data is compiled. Let's talk about family data in addition to personal children's data, that's used to target advertising to them. What's important in the report is that today the food and beverage companies have become kind of Google's and Facebook's, the food and beverage companies are now leading data companies as well, which illustrates how much they value and understand the role that data plays in targeting audiences today, not just the United States, but throughout the world.   It's a very concerning picture, especially given that there is a law meant to protect this population that's being violated. So we'll come back a little bit later and talk about what might be done, but Kathy, how has the COVID-19 pandemic impacted the way children and teens are being exposed to this food and beverage advertised in the digital world?   First of all, we know that children are already online in huge numbers, and that they're living their lives in this digital environment, they're conducting their friendships, they're interacting with people all over the world, using their mobile phones constantly, they are already in this digital ecosystem, as the industry likes to call it, 24/7. With the pandemic that was intensified, these young people were in greater numbers for a multiplicity of purposes. So they were perfect targets. They were in the crosshairs of the food industry and the tech industry constantly. And particularly for black and brown kids, this raises a lot of serious issues. And we also see some important intersections between the COVID-19 pandemic and the obesity pandemic, which is really one reason why we wrote this report. We wanted to have people understand how these two global pandemics are connected and that many of the young people who have been most at risk for COVID-19 have been those who suffer from childhood obesity and the related illnesses to that condition like diabetes, etc. These young people suffered from COVID and were more inclined to be very sick and sometimes die from it in greater numbers than other young people. And then at the same time, we have this huge pandemic of obesity that unfortunately in the US has fallen off of the public radar. That's another reason why we wanted to raise this issue and let people know about it. But in terms of black and brown youth, they are really in the cross hairs of the food industry. They are more avid users of digital media, they're on the gaming platforms in greater numbers, they're fully immersed and they're trendsetters for other young people. And the food companies have enlisted some of the icons of pop culture from these communities to promote some of the unhealthiest food you can imagine from fast food to sugar sweetened beverages and to do it through games, mobile technologies, every possible digital venue.   Let's talk just a little bit more about that if you wouldn't mind Kathy. So one might think that on the internet kids are just gonna be seeing the ads that they would have seen if they were watching TV, it would be similar things, they'd be seeing the sugar beverage company advertising its products with some athlete or some music celebrity or something, but you're painting a picture that's a little more serious than that. There are clever things that are done, it comes in different forms on the internet that can be especially hard to note as advertising, tell us a little bit more about that.   Kathryn - For a lot of people who as you say might have an understanding of commercials on television which we all can see and we can all get outraged about, but it doesn't work that way on the internet. The brands are really woven intricately into the inner relationships that young people have with digital culture. In gaming for example, you see brands woven into the so-called game play. It's done in a way that is personalized to each game player. They can crop up in the middle of a particular part of the game, they can be offered as rewards or ways to enhance your character's ability to fight a battle for example, or in some cases like with one of the Wendy's campaigns, they've created entire games based on character, so that's one example. And the other thing is that there's a lot of influencer marketing in this environment where influencers on social media will promote our brand to all their followers. And it doesn't look like advertising. It looks like recommendations, and it may be even more subtle than that.   Jeff - And unlike the commercials that many of us have grown up with, digital advertising is different, first place it learns about you. It learns what you like, what you do, how you respond, and it's able to change increasingly in real time. So for example, an ad or marketing message that you might view on your mobile phone is going to look different. It's going to be enhanced, adapted in some way. When you see the same ad, when you're on a gaming platform or a streaming video platform, these ads are increasingly personalized. And the ability to constantly track you wherever you go and use that data to create very relevant, engaging real-time advertising, which of course has been tested, measuring whether or not it triggers your unconscious and emotional spheres is one of the reasons why this powerful medium needs to be regulated.   So Jeff, the issue of marketing targeted this specific groups came up earlier, does that happen in this context?   Digital advertising works on an individual basis, on a group basis, the ability to leverage all the data that's collected today, and the fact that we live our lives in the pandemic enhanced that, on these digital platforms, enables the advertisers and marketers to create vast numbers of targeting categories. And also to understand that even if you don't buy, let's say junk food product X, that because of the habits of others who may have the same interest as you, but who do buy a junk product X, you're a potential target. And then they can then focus on you, even if you've never shown any interest in this particular food product. So there's just a growing number of ways to leverage data, to push unhealthy products, to young people that we've ever witnessed.   So I'm imagining that both the sheer amount of such marketing is of great concern, but also the fact that it's so precisely targeted and data are being used so effectively in this context probably gives the company as much more punch for every dollar they spend or every minute they have of your attention. So this is especially concerning. So Kathryn, what can be done to limit children's exposure to this type of marketing in the online world. And does the report make any specific recommendations in this regard?   We made a number of recommendations and we were so disheartened when we started this research that so little had been done recently, this was an issue that was discussed much more publicly. And a lot of us were involved in these efforts, not that many years ago where the concern about childhood obesity was really on the public agenda and companies were under some pressure to report to the Federal Trade Commission, for example, on how they were spending money to advertise to young people, and that has not happened in recent years. Interestingly, a lot of that has happened overseas. So in the EU countries, in the EU, generally in the UK and Latin America, there are stronger rules. And this issue is very much on the agenda. These are also global companies. So one of the things we've done in this report is to inform people about what's going on globally and to see how we need to look at U.S. policy in the context of global trends and the rising concerns in other countries about this issue. We have a long list of things that we recommend to policymakers and to companies. We think that the tech companies, for example, have some responsibilities and they've not stepped up to the plate on these issues. They play a major role here in the way they set up systems to facilitate and enhance this kind of marketing in the same way they did with the election. And what we learned from controversies over the Cambridge Analytica scandal, for example, so companies can do things to restrict what marketers can do on their site. So for example, we're very concerned that we need to do more to protect adolescents. They're very vulnerable to this kind of marketing. They're very much influenced by their peers. They have other kinds of vulnerabilities that make them particularly susceptible to the techniques that are used by digital marketers. We also believe that we need to look very closely at setting some clear standardized guidelines for what unhealthy food and beverages are. And I'll tell you everything we found in our report was unhealthy, whether it's the soft drinks or the French fries or the candies or the energy drinks that are commonly promoted aggressively on gaming platforms for example, we need to have clear guidelines about what can and can't be promoted. And we also need to focus on brands because if you restrict a certain product, but you don't restrict the brand, research has shown this causes young people to increase their consumption of unhealthy food. We list a whole bunch of techniques that are unfair and manipulative that needs to be addressed, particularly targeting black and brown youth. There needs to be a really clear focus on ensuring that is stopped.   So I'd like to ask Jeff in just a moment about some more of the policy implications for this and what might be feasible and effective in the context of what government can do. But Kathy, let me ask you one additional question. I know the food industry has for a number of years said, government doesn't need to regulate us because we'll regulate ourselves and they set up the children's food and beverage advertising initiative, which was an industry sponsored organization that was supposed to protect children from the marketing of unhealthy food, what happened to that? And why isn't that enough?   Kathryn - First of all they made sure that they only set up self-regulatory guidelines that applied to children under 12, not even 12 and under. So they've done nothing about adolescents at all. And they've been adamant about not wanting to do anything in terms of protecting adolescents. Most of the provisions focus on television, a few deal with digital, but not in a really adequate way. And generally what we see is there's no enforcement, there's no oversight. So you look at the techniques, you'll see that really these marketers are getting away with murder.   Jeff - And that's why the public health community and people who are concerned about public health and especially obesity need to start focusing on the food and beverage companies, as well as the platforms like Google and Facebook and take that snapshot because they are responsible for unleashing all these techniques, which we catalog. And until the industry feels the pressure, hopefully from regulators, these self-regulatory regimes will not in fact respond. What we found is not a secret. This is all known. And yet the people who were supposed to protect our nation's youth from this unhealthy group marketing simply have their heads purposely stuck in the digital sand.   So Jeff, are you any more optimistic that the social media platforms will have more effective self-regulation than the food companies do?   We're moving to a period of regulation, I think that the days of self-regulation are over, we have an unprecedented opportunity with the Federal Trade Commission now. President Biden has appointed someone who might be the most progressive champion of consumers and children and public health that we've had in decades. Her name is Lina Khan from Columbia University. She just took over a few weeks ago and we're seeing really a major overhaul. Now the Federal Trade Commission, which has the power to examine the data practices and the marketing practices, especially when it comes to the children and young people. We have a real opportunity to have the FTC act In this regard, in Congress, there is bipartisan interest to strengthen the rules that protect both young people and teens from a number of these data collection practices, which would have a direct impact on the ability of the companies to advertise and market junk food to them. And we're very helpful, right now we're on a path to try to reign in the power of big food and big tech, but it's certainly going to be an uphill battle. Too few people understand that the battlefield to protect young people's health in terms of obesity is really online.   It's nice to hear your optimism, that the FTC is one possible avenue for change. Are there other policy routes that might be effective? For example, can the states do anything on this level?   You are absolutely correct Kelly that the state attorney generals are taking a leading position in trying to break up Facebook and Google and Amazon really can and should play a role. The state of Ohio attorney general, a Republican has proposed that Google in essence, be declared a public utility, which would allow all kinds of regulation in state to protect the consumers, to protect the public. So, yes, there's also opportunities at the state level and even perhaps at the municipal level, in terms of the regulation of broadband, for example, or wireless communications, question is, is there enough capacity and interest and frankly support within the public health advocacy and professional scholarly community to start doing some of these things, because there's really just only a tiny handful of organizations working on this. And it's still frankly, very under appreciated.   Bios: Jeff Chester is Executive Director of the Center for Digital Democracy (CDD), a Washington, DC non-profit organization. CDD is one of the leading U.S. NGOs advocating for citizens, consumers and other stakeholders on digital privacy and consumer protections online. Founded in 1991, CDD (then known as the Center for Media Education) led the campaign for the enactment of the Children's Online Privacy Protection Act (COPPA, 1998). During the 1990s it also played a prominent role in such issues as open access/network neutrality, diversity of media ownership, public interest policies for children and television, as well the development of the FCC's “E-Rate” funding to ensure that schools and libraries had the resources to offer Internet services. A former investigative reporter, filmmaker and Jungian-oriented psychotherapist, Jeff Chester received his M.S.W. in Community Mental Health from U.C. Berkeley.   Kathryn Montgomery is Professor Emerita in the School of Communication at American University, where she founded and directed the 3-year interdisciplinary PhD program in Communication.  She is also Senior Strategist for the Center for Digital Democracy (CDD). Montgomery's research, writing, and testimony have helped frame the national public policy debate on a range of critical media issues.  In the 90s, she spearheaded the campaign that led to passage of the U.S. Children's Online Privacy Protection Act (COPPA). She is author of two books: Target: Prime Time – Advocacy Groups and the Struggle over Entertainment Television (Oxford University Press, 1989); and Generation Digital: Politics, Commerce, and Childhood in the Age of the Internet (MIT Press, 2007). Montgomery's current research focuses on major technology, economic, and policy trends shaping the future of digital media in the Big Data era.  Her recent work includes numerous reports and articles on digital food marketing, children's privacy, health wearables, and political microtargeting. She earned a PhD in Film and Television Studies from the University of California, Los Angeles.

Radiomagazine su Note Web Radio 75° anniversario del World Radio & TV Handbook Per ogni appassionato di radioascolto internazionale, l'inizio di ogni anno è dedicato a quello che viene da sempre considerato il libro di eccelenza. Il Manuale Mondiale di Radio e Televisione, meglio conosciuto come la Bibbia del DXers, quest'anno giunto alla sua 75esima edizione. Il World Radio & TV Handbook, da alcuni anni ha cambiato editore, ma storicamente è nato e vissuto per diversi anni, sotto l'egida della famosa casa editrice Bilboard, ai più nota anche per quella che si occupa di stilare le classifiche dei dischi più ascoltati e venduti al mondo. Proprio perchè principalmente la Bilboard, partiva dai dati di ascolto di tutte le radio del mondo. Fra gli appassionati di radioascolto i legami affettivi che ci legano a questa pubblicazione sono storici e i più disparati. Nel corso della presente recensione proveremo a spiegarne alcuni. *Nella seconda parte del programma Gabriele Barbi di parla di Radio Caroline, a cui quest'anno è stato concesso di trasmettere il discorso di fine anno della Regina Elisabetta e della scomparsa del suo fondatore avvenuta nell'aprile 2020. *Al termine consueto spazio dedicato alle notizie dal mondo delle comunicazioni. GUIDA FACILE 00:00 sigla 01:51 Recensiamo il World Radio & TV Handbook 2021 05:32 seconda parte 10:25 Gabriele Barbi parla di Radio Caroline 16:53 notizie dal mondo delle comunicazioni ***Parte dell' archivio sonoro è disponibile sul sito: www.radiomagazine.net Testata on line Registrata al Tribunale di Napoli N.27 DEL 28.2.2003 Direttore/Editore: Dario Villani (giornalista) e-mail info@radiomagazine.net radiomagazineinfo@gmail.com Realizzazione, intervista e montaggio a cura di Dario Villani Registrazione del gennaio 2021 *****According to the Children's Online Privacy Protection Act (COPPA), it is stated that the video in question is suitable for any type of audience. Furthermore, the author of the same is Dario Villani, journalist, member of the professional register, who is committed to respecting the code of ethics, and the Treviso Charter for the Protection of Minors, signed by the National Federation of the Italian Press. --- Send in a voice message: https://anchor.fm/notewebradio/message

“... if they come and ask you, ‘Hey, do you think I can use this stuff?’ I think you got to say, ‘Hey, I'm not a lawyer’.” - Gordon P. FiremarkWhat are my legal rights as a podcast editor? What are my legal responsibilities? How do I protect myself? How much do I need to protect myself? Is it common for things to go wrong? Who can I turn to if I get sued?... The legal ramifications of a disgruntled client or a contract gone wrong are almost enough to make any podcast editor quit before ever starting!  But don’t give up your editing dreams too quickly. Hit pause on that panic button and take a deep breath. Now hit play on this podcast with https://firemark.com/ (Gordon P. Firemark), The Podcast Lawyer™ for some practical advice and peace of mind. Gordon Firemark, Lawyer for Theatre, Film, Television and New Media, is more than just a lawyer. He’s also the producer and host of the podcast http://entertainmentlawupdate.com/ (Entertainment Law Update), so he knows firsthand about podcasting. Within his law practice, he helps professionals and artists across the entertainment industries with intellectual property and business/corporate matters. Beyond that, he represents and helps protect clients working within the vast disciplines housed under the terms cyberspace and new media.  Sharing his expertise in an easy to comprehend, nuts and bolts fashion, Gordon is also the author of http://podcastlawbook.com/ (The Podcast, Blog and New Media Producer's Legal Survival Guide.) He’s created forms and templates needed by podcasters, editors, and production companies alike. Gordon may be a lawyer and duty-bound to censor what he shares but he’s also a giver and we weren’t shy to be the recipients of his generosity. In this episode, he answers several general questions and even addresses some issues and scenarios you likely didn’t think could come up in your editing business. You won’t want to miss a minute! Highlights:I know I need signed contracts as a podcast editor but how detailed should they be?  How can I protect myself against a client submitting work to me that infringes on the rights of others or defames someone or causes a similar bad situation?  How much editing is too much? Can I be held liable for over-editing? How can I make sure I’m held legally harmless for the edits requested by a client? What do I do if a client refuses to pay? Who owns the rights to a project a client refused to pay me for? When might I need a trademark or service mark for my business? Do I need to register as an LLC (Limited Liability Company) or am I okay as a sole proprietor?  Who do I talk to if I’m thinking an LLC is right for me and my business? What types of documents do I need to prepare to become an LLC? How do I make sure I’m covered for situations where I have clients (or my clients have guests on their show) that are overseas? What about the GDPR (General Data Protection Regulation)? Should I be concerned as an editor about things like the California Consumer Privacy Act (CCPA) or the Children’s Online Privacy Protection Act (COPPA)? What about sound effects and music I use in my editing process or my client uses in their show? Can I rely on “Fair Use” to protect me? Errors and Omissions Insurance? What’s that? How do I cover ensuring show guests have given their consent to be recorded and edited? Where can I get Gordon’s podcast release form, his eBook and other resources? Resources:https://ec.europa.eu/info/law/law-topic/data-protection_en (GDPA (General Data Protection Act - for the European Union)) https://oag.ca.gov/privacy/ccpa#:~:text=The%20California%20Consumer%20Privacy%20Act,rights%20for%20California%20consumers%2C%20including%3A&text=The%20right%20to%20delete%20personal,them%20(with%20some%20exceptions)%3B (CCPA (California Consumer Privacy Act)) https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule (COPPA...

How do I protect my kid's privacy online? First, there are two kinds of online privacy. Personal privacy refers to your kid's online reputation, and consumer privacy (also known as customer privacy) refers to the data companies can collect about your kid during an online interaction or transaction. Both are important, and a few simple steps can help parents and kids keep their private information private. The first step is using strict privacy settings in apps and on websites. When you or your kid gets a new device or signs up for a new website or app, establish your privacy preferences. Follow the directions during initial set-up, or go to the section marked "privacy" or "settings" and opt out of things such as location sharing and the ability for the app or website to post to social media sites such as Facebook on your behalf. Encourage kids to read the fine print before checking a box or entering an email address. Although it might not be practical to read through every Terms of Service contract, it's good to remind kids to be aware of what information they're agreeing to share before they start using an app, a website, or a device. Next, teach your kids always to consider the information they're potentially giving away when engaging online. For younger kids, define that information as address, phone number, and birth date. Make sure they understand the basics of good online behavior, too, including thinking about the impact of posting a photo or comment. Remind them that it's not always easy to take back something once it's online and that texts and photos can be forwarded to anyone. Finally, there are some legal restrictions in place to help protect your kids' consumer privacy and insure they're using age-appropriate websites and apps. The Children's Online Privacy Protection Act (COPPA) prevents kid-targeted websites and apps from collecting data from kids younger than 13 without parental consent. Tip #2 How can I check to see if my kid signed up for something online? The Internet is full of enticements to sign up for something. Sometimes these come-ons make it sound as if you've won a prize and all you need to do to receive your winnings is register. If your kid registered for an account, downloaded a program, or entered a contest, you may not know unless you notice a new program on your computer. Here's how to get to the bottom of things, starting with the least intrusive: Ask your kid. Explain that there are a lot of scams out there that can spread viruses, so it's important that they ask permission before signing up for something. Check the browser history. Look for telltale words such as "registration page" or "thank you for registering." Check your kid's email. Companies sometimes send a confirmation email to the address used in the sign-up. If your kid is under 13, kid-targeted websites and apps are supposed to get your permission before they collect or use any personal information from your kid (although it's easy for kids to dodge any age restrictions and say they're older). Tip # 3 What are massively multiplayer online games, or MMOs, and are they safe for my kid? --- Send in a voice message: https://anchor.fm/losalamosjjab/message

From YouTube’s new policy regarding Children’s Online Privacy Protection Act (COPPA) to SmackJeeves' site-wide changes, the ComicLab guys realize that living by the platform can mean dying by the platform. Then they take delight in an ingenious plan to expose unscrupulous T-shirt vendors that use social-media comments to steal copyrighted illustrations. Next, Dave talks about how comics is a career you can build SAFELY. And, when a listener asks how to overcome their boredom over the drawing process, Brad shares a revelation. Then, Dave shares his social-media approach for Drive. And finally, a listener asks why Brad and Dave don't license their archives' print rights to foreign publishers.But first, Brad tells about the worst whiskey sour ever.Questions asked and topics covered...Dave's new bookLive by the platform, die by the platformThe day the T-shirt bots died*Cartooning is a career you can build safelyWhen the writing is fun, but drawing is a choreSocial media and longform comicsSelling foreign rights to publishers*Editor's note: I used the incorrect pronouns when discussing @nanadouken, whose correct pronouns are they/them. I regret the error, and apologize for my carelessness — BradLimited-edition ComicLab enamel pins are now available at newevilbook.com and sheldonstore.com!You get great rewards when you support ComicLab on Patreon$2 — Early access to episodes$5 — Submit a question for possible use on the show AND get the exclusive ProTips podcast$10 — Record an audio question for possible use on the show AND get the exclusive ProTips podcast$50 — Sponsor the show! We’ll read a brief promo for your comic/product and read it twice during the show AND you get the exclusive ProTips podcastBrad Guigar is the creator of Evil Inc and the editor of Webcomics.comDave Kellett is the creator of Sheldon and Drive.Listen to ComicLab on...Apple PodcastsGoogle PodcastsSpotifyPandoraStitcherComicLab is hosted on Simplecast, helping podcasters since 2013. with industry-leading publishing, distribution, and sharing tools.

On January 9, 2020, Representatives Tim Walberg (R-MI) and Bobby Rush (D-IL) sponsored the "Preventing Real Online Threats Endangering Children Today," or "PROTECT Kids" act before the US House of Representatives. At roughly the same time, technology advocacy group "Tech Freedom" held a panel on the future of the Children's Online Privacy Protection Act (COPPA), YouTube, and the role of the Federal Trade Commission (FTC) in respect of both. The panel would be attended by YouTube heavyweights Jeremy Johnston of J House Vlogs, and Kreekcraft, among others. The two events could not represent two more wildly divergent views of the future of content generation on the Internet and what it can and should be. What does the PROTECT Kids Act purport to do? How will raising the age of "children" to 16 effect an increased and even more difficult role to manage for the FTC? How would it hurt many if not most "social" applications and their related business models? And how would such an effect ultimately hurt the very children it's purported to protect? We never scramble the English language for the benefit of acronyms...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/RS6kpVlVy-I #YouTube #COPPA #FTC *** Discussed in this episode: "YouTube At Large" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8BFeoOUFCRYmb92fkWbm58 "Will Kids' Privacy Crackdown Break the Internet?" TechFreedom Panel - January 13, 2020 https://techfreedom.org/save-the-date-will-kids-privacy-crackdown-break-the-internet/ "TAKEAWAYS FOR CONGRESS: 1) Raising #COPPA's age from 13 to 16 would make things even more confusing... @jhousevlogs" Tweet - January 13, 2020 - @TechFreedom https://twitter.com/TechFreedom/status/1216777632307609600 "Bipartisan bill would give parents more power to protect their kids online" Engadget - January 9, 2020 - Igor Bonifacic https://www.engadget.com/2020/01/09/us-lawmakers-introduce-protect-kids-act/ "A BILL To amend the Children’s Online Privacy Protection Act of 1998." HR 5573 - Introduced January 9, 2020 https://www.congress.gov/bill/116th-congress/house-bill/5573/text?q=%7B%22search%22%3A%5B%22protect+kids%22%5D%7D&r=4&s=1 "CHILDREN’S ONLINE PRIVACY PROTECTION" 15 USC Chapter 91 https://www.law.cornell.edu/uscode/text/15/chapter-91 COPPA Rule Final Rule Amendments FTC Document - 2013 https://www.ftc.gov/system/files/2012-31341.pdf "PART 312—CHILDREN'S ONLINE PRIVACY PROTECTION RULE" Code of Federal Regulations https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5 *** 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/

When the Federal Trade Commission (FTC) ordered YouTube to develop and maintain a system that would allow content creators to label their content as "directed to children" or not under the Children's Online Privacy Protection Act (COPPA), YouTube attempted to ease the burden by simplifying the required language. But why is "made for kids" such a bad analogue for "directed to children"? And how is the resulting confusion making life more difficult for creators, the FTC, and YouTube itself. We literally mean "literally"...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/hgK6p9eml5s #YouTube #COPPA #FTC *** Discussed in this episode: "So [YouTube], I’m under pressure to specify whether our content is made for kids or not..." Tweet - December 12, 2019 - @MohamedMoshaya https://twitter.com/MohamedMoshaya/status/1205043203134705664 "But this directly contradicts what the FTC told me regarding general audience content..." Tweet - December 12, 2019 - @Kreecraft https://twitter.com/KreekCraft/status/1205070192201666560 "YOUTUBE IS SAVED! (COPPA GOOD NEWS) | YouTube FTC COPPA Update" YouTube Video - December 11, 2019 - Kreekcraft https://www.youtube.com/watch?v=Ah5O5GeVjm4 "In terms of the actual question, the boxes are best read as "directed to children" and "not directed to children"." Tweet - December 12, 2019 - Hoeg Law https://twitter.com/HoegLaw/status/1205280746023399424 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 "Determining if your content is made for kids" YouTube Help https://support.google.com/youtube/answer/9528076 *** 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/

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 though now tasked with sifting through a deluge of creator and "industry" comments, those are not the only voices directed at the FTC. What are some of the things that COPPA's fiercest advocates are saying? What can we learn from the rhetoric and self-selected targets of organizations like the Campaign for a Commercial-Free Childhood? And how can that better inform our understanding of COPPA, the FTC, and the current enforcement debate? You can't win a fight you don't know you're in...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/VPPENG6nt6Q #YouTube #COPPA #FTC *** Discussed in this episode: "Comments of Campaign for a Commercial-Free Childhood" FTC COPPA Rule Comments - December 11, 2019 https://commercialfreechildhood.org/wp-content/uploads/2019/12/CCFC-COPPA-comments.pdf Children’s Online Privacy Protection Rule Comments FTC - 2013 https://www.ftc.gov/system/files/2012-31341.pdf "Let’s Pretend the FTC is Right! Is a YouTube Content Creator's COPPA Compliance One Button Away?" YouTube Video - November 20, 2019 - Hoeg Law https://youtu.be/SiA-WYi_DNs CHILDREN’S ONLINE PRIVACY PROTECTION 15 USC 91 https://www.law.cornell.edu/uscode/text/15/chapter-91 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 *** 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/

Hope you enjoyed today’s episode! I have said it before the FTC DOES NOT PLAY! YouTube and Parent Company Google fined 170 million in a historic settlement over the violation of Children’s Privacy. The Children’s Online Privacy Protection Act (COPPA ...not like the cabana), has a number of requirements that YouTube has blatantly flouted. This is causing a massive overhaul at YouTube that has some negative implications for content creators and advertisers alike.  If you want to read the FTC’s complaint it’s HERE (https://www.ftc.gov/system/files/documents/cases/youtube_complaint.pdf) . The corresponding blog post is HERE. (https://www.emilydbaker.com/youtubecoppa) The Documentary I talk about in this episode is FYRE on Netflix and it’s HERE (https://www.netflix.com/title/81035279) .  If you want Emily to cover a particular story or situation please contact the show at GetLegit@emilydbaker.com (mailto:GetLegit@emilydbaker.com)   You can connect with Emily  If you want to connect with Emily she basically lives on Instagram @TheEmilyDBaker (www.Instagram.com/theemilydbaker) . If you need help with your business you can find Emily’s products at www.EmilyDBaker.com (http://www.emilydbaker.com)  

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 *** 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 *** 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 *** 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 *** 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/

Between the Federal Trade Commission (FTC), Children’s Online Privacy Protection Act (COPPA), COPPA Rule, YouTube terms of service, rules, regulations, recommendations, interpretations, revisions, petitions, and much, much more, it's easy for anyone to get confused. Join us as we try to break down the situation in 5 minutes or less in: "COPPA, YouTube, the FTC...and You!" CHECK OUT THE VIDEO AT: https://youtu.be/k-maQcL1ZxE #YouTube #COPPA #FTC *** Discussed in this case file: "CHILDREN’S ONLINE PRIVACY PROTECTION" 15 USC 91 https://www.law.cornell.edu/uscode/text/15/chapter-91 "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 "Google will pay $170 million for YouTube’s child privacy violations" The Verge - September 4, 2019 - Makena Kelly (Art by Alex Castro) https://www.theverge.com/2019/9/4/20848949/google-ftc-youtube-child-privacy-violations-fine-170-milliion-coppa-ads 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 "Rattling the COPPA Saber: On the Weaknesses of the FTC’s Case Against YouTube Content Creators (135)" YouTube Video - November 19, 2019 - Hoeg Law https://youtu.be/Sv0xp8ZLneg "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 "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 "SAVE Family-Friendly Content on YouTube" Change [Dot] Org Petition - Jeremy Johnston https://www.change.org/p/youtubers-and-viewers-unite-against-ftc-regulation "YouTube At Large" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8BFeoOUFCRYmb92fkWbm58 *** 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! *** Since starting our Virtual Legality series regarding YouTube, the Federal Trade Commission (FTC), and the Children's Online Privacy Protection Act (COPPA), we have been contacted by numerous YouTube content creators expressing their concerns, thanks, and, in some instances, information whether received from YouTube, the FTC, or both. In the case of popular YouTube Channel FuturisticHub, permission was given for us to discuss the information they've shared with and been given by the FTC. When combined with the FTC pointing us all to read their complaint against YouTube, we have at least the start of something to go on. There are targets and then there are *targets*...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/OoRnd5vSzXs #YouTube #COPPA #FTC *** Discussed in this episode: E-mail from Team FuturisticHub November 22, 2019 https://www.youtube.com/user/FuturisticHub/featured "YouTube channel owners: Is your content directed to children?" Federal Trade Commission Blog Post - November 22, 2019 https://www.ftc.gov/news-events/blogs/business-blog/2019/11/youtube-channel-owners-your-content-directed-children FTC Revised Complaint against Youtube https://www.ftc.gov/system/files/documents/cases/172_3083_youtube_revised_complaint.pdf "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 Numerous YouTube Channels identified by FuturisticHub and the FTC as potentially "child directed" *** 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/

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 yesterday, as YouTube began to implement systems to ensure such compliance, it became clear that the company intended to frame it as the User’s “legal requirement” rather than its own. Why did they arrive at such language? How does the FTC settlement and language of the Act (and Rule) itself suggest against their reading? And how does such deception hurt YouTube’s image, especially with the contractual rights afforded to them? We NEVER direct our commentary to kids…in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/Y3nGh3YvI14 #YouTube #COPPA #LegalRequirement *** Discussed in this episode: “In Studio today, you’ll see a new setting requiring you to indicate if your content is made for kids. Tweet – November 12, 2019 – YouTube Creators (@YTCreators) https://twitter.com/YTCreators/status/1194346602279796738 “Seems Team #YouTube is playing (very) fast and loose…” Tweet – November 12, 2019 – Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1194377596101939201 “Important Update for All Creators: Complying with COPPA” YouTube – November 12, 2019 – YouTube Creators https://youtu.be/-JzXiSkoFKw “YouTube’s doing what?! On Unintended Consequences, COPPA, and the FTC (VL98)” YouTube – September 4, 2019 – Hoeg Law https://youtu.be/ymgQ5mlGVV8 “Google and YouTube Will Pay Record $170 Million for Alleged Violations of Children’s Privacy Law” FTC Press Release – September 4, 2019 https://www.ftc.gov/news-events/press-releases/2019/09/google-youtube-will-pay-record-170-million-alleged-violations “CHILDREN'S ONLINE PRIVACY PROTECTION RULE (COPPA)” https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5 *** 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/

  Bio Dr. Safiya Umoja Noble (@safiyanoble) is an Associate Professor at UCLA in the Departments of Information Studies and African American Studies, and a visiting faculty member to the University of Southern California’s Annenberg School of Communication. Previously, she was an Assistant Professor in Department of Media and Cinema Studies and the Institute for Communications Research at the University of Illinois at Urbana-Champaign.  She is the author of a best-selling book on racist and sexist algorithmic bias in commercial search engines, entitled Algorithms of Oppression: How Search Engines Reinforce Racism (NYU Press), which has been widely-reviewed in journals and periodicals including the Los Angeles Review of Books, featured in the New York Public Library 2018 Best Books for Adults (non-fiction), and recognized by Bustle magazine as one of 10 Books about Race to Read Instead of Asking a Person of Color to Explain Things to You. Safiya is the recipient of a Hellman Fellowship and the UCLA Early Career Award. Her academic research focuses on the design of digital media platforms on the internet and their impact on society. Her work is both sociological and interdisciplinary, marking the ways that digital media impacts and intersects with issues of race, gender, culture, and technology. She is regularly quoted for her expertise on issues of algorithmic discrimination and technology bias by national and international press including The Guardian, the BBC, CNN International, USA Today, Wired, Time, Full Frontal with Samantha Bee, The New York Times, and Virginia Public Radio, and a host of local news and podcasts, including Science Friction, and Science Friday to name a few. Recently, she was named in the “Top 25  Doers, Dreamers, and Drivers of 2019” by Government Technology magazine.  Dr. Noble is the co-editor of two edited volumes: The Intersectional Internet: Race, Sex, Culture and Class Online and Emotions, Technology & Design. She currently serves as an Associate Editor for the Journal of Critical Library and Information Studies, and is the co-editor of the Commentary & Criticism section of the Journal of Feminist Media Studies. She is a member of several academic journal and advisory boards, including Taboo: The Journal of Culture and Education. She holds a Ph.D. and M.S. in Library & Information Science from the University of Illinois at Urbana-Champaign, and a B.A. in Sociology from California State University, Fresno where she was recently awarded the Distinguished Alumni Award for 2018.    Resources  Safiya U. Noble Algorithms of Oppression: How Search Engines Reinforce Racism by Safiya U. Noble (NYU Press: 2019) Behind the Screen: Content Moderation in the Shadows of Social Media by Sarah T. Roberts (Yale University Press: 2019)   News Roundup   FTC is investigating YouTube over children’s privacy The Federal Trade Commission is investigating YouTube over children’s privacy concerns, according to the Washington Post. The Alphabet subsidiary faces steep fines if it’s found to have violated the Children’s Online Privacy Protection Act (COPPA), which prohibits tracking and targeting children under 13. The FTC and YouTube both declined to comment.   Lawmakers divided over election security The Hill reports that GOP lawmakers are divided over election security, with some, including Mitch McConnell, who think additional legislation is unnecessary to deal with the challenges posed by technology. Other Republicans, like Lindsay Graham think there’s more we can do.    Facebook plans cryptocurrency, Maxine Waters resists We reported last week that Facebook announced plans to launch its own cryptocurrency called Libra. But House Financial Services Committee Chair Maxine Waters is pushing back. Waters asked Facebook to place a moratorium on the release of its cryptocurrency until after Congress has had a chance to review it. Virginia Senator Mark Warner agreed. Both lawmakers said the company’s troubled past is a warning sign. Waters has scheduled a hearing for July 17.    DHS moving global biometric data to Amazon Cloud The Department of Homeland Security stated in request for information it released last week that it would be moving the data of hundreds of millions of people around the globe to Amazon Web Services. The DHS is moving the data to a Homeland Advanced Recognition Technology (HART) System, hosted by AWS, which will upgrade the agency’s ability to link biometric and biographical data to DNA. The system is designed to quickly identify anyone who’s in the database such as suspected criminals, immigration violators, terrorists and, frankly, you, if you’re in the database.   Google’s board rejects shareholder proposals to fight sexual harassment and boost diversity The Guardian reports that Google parent Alphabet’s board of directors voted down thirteen shareholder proposals that would have ended forced arbitration for sexual harassment claims by contract workers, addressed ethical concerns stemming from AI and China, and several other social concerns. The board voted against the proposals despite a protest happening outside the company’s headquarters during the vote.   Apple CEO Tim Cook calls out big tech Apple CEO Tim Cook called out big tech at a Stanford Commencement speech last week. He said tech companies need to accept responsibility for the chaos they create and that “Lately it seems this industry is becoming better known for a less noble innovation – the belief you can claim credit without accepting responsibility … We see it every day now with every data breach, every privacy violation, every blind eye turned to hate speech, fake news poisoning out national conversation, the false miracles in exchange for a single drop of your blood.”   Members call on tech companies to address law firm diversity concerns In a letter penned by Missouri Representative Emanuel Cleaver, members of the House of Representatives are calling on tech companies to diversify the ranks of outside counsel the companies use. Currently, tech companies retain large law firms notorious for their dismal diversity records and segregating lawyers of color into contractor roles. Congressman Cleaver, along with Representatives Robin Kelly, G.K. Butterfield, and Barbara Lee sent the letter to Apple, Amazon, Alphabet, Microsoft, IBM, Dell, Intel, HP, Cisco and Facebook.   Fairfax County gets first state funding for autonomous vehicles Fairfax County Virginia and Dominion Energy landed a $250,000 grant from the Virginia Department of Rail and Public Transportation for an autonomous electric shuttle in Merrifield. The pilot will be part of a larger potential effort to build a largescale autonomous transportation system in Virginia. This first pilot will connect the Dunn Loring MetroRail Station with the Mosaic district. Under the deal, Dominion will purchase or lease the vehicle and Fairfax County will handle operations.   Events   Tues., 6/25 Senate Commerce Committee, Subcommittee on Communications, Technology, Innovation, and the Internet Optimizing for Engagement: Understanding the Use of Persuasive Technology on Internet Platforms 10AM Hart 216   House Committee on Homeland Security: Subcommittee on Intelligence and Counterterrorism Artificial Intelligence and Counterterrorism: Possibilities and Limitations 10AM Cannon 310   House Committee on Small Business: Subcommittee on Contracting and Infrastructure Broadband Mapping: Small Carrier Perspectives on a Path Forward 10AM Rayburn 2360   House Energy & Commerce Committee: Subcommittee on Communications and Technology Stopping Bad Robocalls Act 2PM Rayburn 2123   House Committee on Financial Services Task Force on Financial Technology: Overseeing the Fintech Revolution: Domestic and International Perspectives on Fintech Regulation 2PM Rayburn 2128   House Committee on Homeland Security: Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation                                                  Cybersecurity Challenges for State and Local Governments: Assessing How the Federal Government Can Help 2PM Cannon 310   House Committee on the Judiciary: Subcommittee on Constitution, Civil Rights, and Civil Liberties Continuing Challenges to the Voting Rights Act Since Shelby County v. Holder 2PM Rayburn 2141     House Committee on Science, Space, and Technology: Subcommittee on Investigations and Oversight Election Security: Voting Technology Vulnerabilities 2PM Rayburn 2318       Transformative Technology of DC How the Future of Work and STEM are impacting social wellbeing, digital transformation and mindset growth through tech 6:30 PM – 8:30 PM EDT District Offices 10 G Street Northeast   GEICO Data Science Tech Talk & Open House 5:00 PM – 7:00 PM EDT 5260 Western Avenue Bethesda, MD 20815   Wed., 6/26   House Committee on Homeland Security Examining Social Media Companies' Efforts to Counter Online Terror Content and Misinformation 10AM Cannon 310   House Committee on Science, Space, and Technology Artificial Intelligence: Societal and Ethical Implications 10AM Rayburn 2318   House Committee on Science, Space, and Technology: Subcommittee on Space and Aeronautics NASA’s Aeronautics Mission: Enabling the Transformation of Aviation 2PM Rayburn 2318   Wine Wednesday Founding Farmers 5:00 PM – 8:00 PM EDT Founding Farmers, Reston 1904 Reston Metro Plaza   Thurs., 6/27   Federal Trade Commission PrivacyCon 8:15AM-5PM FTC Constitution Center 400 7th ST., SW   Ford Motor Company Fund  HERImpact Entrepreneurship Summit 9:30AM-4PM Georgetown University, McDonough School of Business 3700 O St NW   General Assembly Inside the Minds of Brilliant Designers 6:30-8:30PM General Assembly, 509 7th Street NW, 3rd Floor      Fri., 6/28   Federal Communications Commission Workshop on Promoting Multilingual Alerting 9AM-2:30PM FCC   Tues., 7/2   Universal Service Administrative Company Lifeline Program Consumer Support Training for caseworkers, service agents, and support professionals 9:30AM-12PM Universal Service Administrative Company 700 12th St., NW

On May 8, 2019, Senator Josh Hawley announced his plan to introduce a bill in the United States Senate that would see the prohibition of "loot boxes" and "pay-to-win" mechanics from games targeting children. Light on facts and light on specifics, the announcement itself left much to be desired (and explained), but that didn't stop numerous industry outlets from reporting on the proposal. What does it mean for a game to target children? How does the existing Children's Online Privacy Protection Act (COPPA) play in to Senator Hawley's plans? Why might reliance on that act be deficient, and could the current understanding of "gaming" in Congress result in total prohibition? Why should responsible folks who otherwise enjoy loot boxes be prevented from using them in games with "Candy-land aesthetics"? Why does Senator Hawley target Candy Crush when reports show that the game is primarily played by women over the age of majority? And what are other things that folks don't like (but still shouldn't be banned). It's time for Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/Cd_j0qb7amY FOR MORE ON... (1)LOOT BOX BANS "Virtual Legality #2 - Will the FTC *Really* Ban Loot Boxes? (Hoeg Law)" (https://youtu.be/PGhikKvy2Ns) "Virtual Legality #3 - IGDA Calls the Industry to Act on Loot Boxes (Hoeg Law)" (https://youtu.be/qb6r1DzDhsE) (2) GOVERNMENT "Virtual Legality #7 - Gaming, Government, and You (Hoeg Law)" (https://youtu.be/gQ_sJi07oV4) #LootBox #Ban #VirtualLegality *** Discussed in this episode: "U.S. Senator Introduces Bill To Ban Loot Boxes And Pay-To-Win Microtransactions" Kotaku - May 8, 2019 - Jason Schreier (https://kotaku.com/u-s-senator-introduces-bill-to-ban-loot-boxes-and-pay-1834612226) Legislation Sponsored by Josh Hawley Official Website of the U.S. Congress (https://www.congress.gov/member/josh-hawley/H001089?q=%7B%22sponsorship%22%3A%22sponsored%22%7D) The Protecting Children from Abusive Games Act - Summary (https://www.hawley.senate.gov/sites/default/files/2019-05/2019-05-08_Protecting-Children-Abusive-Games-Act_One-Pager.pdf) "CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)" 15 U.S.C. 91 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-chapter91&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGUxNS1zZWN0aW9uNjUwMQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim) "PART 312—CHILDREN'S ONLINE PRIVACY PROTECTION RULE" Rules Promulgated under COPPA (https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5#se16.1.312_12) The Heroes of Overwatch (https://playoverwatch.com/en-us/heroes) Blizzard Entertainment Online Privacy Policy (https://www.blizzard.com/en-us/legal/a4380ee5-5c8d-4e3b-83b7-ea26d01a9918/blizzard-entertainment-online-privacy-policy) "SENATOR HAWLEY TO INTRODUCE LEGISLATION BANNING MANIPULATIVE VIDEO GAME FEATURES AIMED AT CHILDREN" Press Release - May 8, 2019 (https://www.hawley.senate.gov/senator-hawley-introduce-legislation-banning-manipulative-video-game-features-aimed-children) "Candy Crush – The Puzzle Game Phenomenon" Indium Website - December 22, 2017 (https://www.indiumsoftware.com/blog/testing-candy-crush-game/#Demographics_and_Statistics) *** 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/UCZrxXp1reP8E353rZsB3jaA) Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

In this episode of the podcast, I share with you a recent PSA the FBI has issued advising schools, parents, and EdTech companies on the issues with collecting student data, privacy, and how data can be used against students and their families. FBI PSA from the Internet Crime Complaint Center (IC3) | Education Technologies: Data Collection and Unsecured Systems Could Pose Risks to Students Recommendations from the FBI: Research and learn more about existing student and child privacy protections of the Family Educational Rights and Privacy Act (FERPA), the Protection of Pupil Rights Amendment (PPRA), the Children’s Online Privacy Protection Act (COPPA), and state laws as they apply to EdTech services. Family Educational Rights and Privacy Act (FERPA) Children's Online Privacy Protection Rule ("COPPA") | Federal Trade Commission Protection of Pupil Rights Amendment (PPRA) Discuss with your local school district about what technologies your local schools are using in the classroom and to manage student data, such as medical records, and behavioral and disciplinary data. Research various parent coalitions and information-sharing organizations, many of which are available online. This is a great place to look for support and additional resources. Research and learn more about school related cyber breaches that have already occured, which can help families understand some of the vulnerabilities. Monitor your child's credit for identity theft or any fraudulent use of your child's identity Conduct regular searches on the Internet for your child's name and other information to determine any exposure or inappropriate use on the Internet. I suggest everyone have a Google Alert set up to monitor their own names as well as the names of their family members. I hope that this information has been helpful for you. Please let me know what your questions are. I get most of my podcast topics from the questions you ask me, so please feel free to reach out on your favorite social platform! I am most active on Facebook, Twitter, LinkedIn, and Instagram. You can get my links here!

Linnette Attai - Today I welcome Linnette Attai to the podcast. If you're interested in data privacy, especially when it comes to your child, school district, or your company, this podcast is for you. Linnette saw a market need, leveraged her corporate knowledge, ventured out on her own and created her company Play Well LLC where she advises private and public companies, schools and districts, trade organizations, lawmakers, and policy influencers. She serves as a virtual chief privacy officer and data protection officer to select clients, and speaks nationally on data privacy matters. For over 25 years, Linnette Attai has been building compliance cultures at organizations and guiding clients through the complex compliance obligations governing data privacy matters, user safety, and marketing, with a focus on the education and entertainment sectors. Prior to founding PlayWell, Linnette served as Vice President of Standards & Practices for Nickelodeon, where she developed and managed compliance policies and practices for all lines of business, overseeing company compliance with COPPA, the FCC’s Children’s Television Act, advertising regulation and industry self-regulation. She also served as a compliance executive with CBS-TV. Linnette currently serves on the Rutgers University Center for Innovation Education Cybersecurity Advisory Board, and is the Project Director for the Consortium of School Networking (CoSN) Privacy Initiative and their Trusted Learning Environment program She created an FTC-approved Children’s Online Privacy Protection Act (COPPA) safe harbor program, and the nation’s first student data privacy and security self-regulatory program.  Linnette has also advised the Mobile Marketing Association (MMA) on compliance issues, helping to write their guidelines on children’s advertising and leading a subcommittee on children’s privacy. Linnette often presents to developers, marketers, researchers and attorneys about privacy, safety and advertising concerns, including compliant innovation, monetization models and user engagement. She has taught a course she designed on marketing to millennials and young consumers at the Fordham Graduate School of Business, and is currently an adjunct professor of marketing at The New School. She is launching her first book this summer, “Student Data Privacy: Building a School Compliance Program" - A step-by-step guide for schools on how to build a data privacy compliance program. Let's Figure It Out With Linnette Attai… Website - www.playwell-llc.com Twitter - @PlayWell_LLC Book - “Student Data Privacy: Building a School Compliance Program" - available on Amazon - https://amzn.to/2KPJgIc

Welcome to Season 2 of the Fordham IPLJ Podcast!  For our season premiere, Online Editor Christina Sauerborn chats with Matthew Vidal, Vice President at Viacom Media Networks.  Matt works with the Nickelodeon Digital Media Group and advises on a range of issues, particularly the Children's Online Privacy Protection Act (COPPA).  In this episode, Christina and Matt discuss COPPA, its history, and the compliance concerns that arise in the digital age of children's media and entertainment. Subscribe to us on Apple Podcasts (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285) and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

How to Build a Lobbying Presence in Washington Before you build a lobbying presence in Washington, consider the fact that technology now touches almost every aspect of our lives. Accordingly, our policymaking has become more complex as companies develop new technologies and consumers use technology in ways that were unanticipated. What are the key issues that policymakers and businesses should be focused on as they seek to fine-tune their policy strategies? How are policymakers dealing with issues, like diversity, that policymakers have historically considered less "substantive" but which have begun to take on monumental importance in American business and politics? Why is Washington, D.C. relevant to start up and early stage ventures and how can they build a lobbying presence in Washington? You'll get answers to these questions and more on Ep. 102! Bio Named a “Top Lobbyist” by The Hill newspaper, Elizabeth Frazee (@EFrazeeDC) has a 30 year career in Washington. Elizabeth has worked in high-level jobs on Capitol Hill, as an entertainment executive, and policy representative of major companies. Elizabeth interweaves a thorough understanding of policy, communications, politics and an impressive network of contacts to manage campaigns and coalitions. A native of North Carolina, Elizabeth began her career working for her home state Senator. She then served as press secretary for the House Energy and Commerce Committee. Additionally, Elizabeth ran the legislative office of then-freshman Representative Bob Goodlatte. Goodlatte now serves as Chairman of the House Judiciary Committee. Following her time in Congress Elizabeth was director of government relations at the Walt Disney Company. There she served as the motion picture industry's representative in Digital Millennium Copyright Act (DMCA) negotiations. Those negotiations resulted in revisions to the Copyright Act. Additionally, Elizabeth also negotiated with Congress and the Federal Trade Commission (FTC) to enact the Children's Online Privacy Protection Act (COPPA). She joined AOL in the late 90's as vice president of public policy and ran its Congressional team. While at AOL she served on the front lines of Internet policy debates, helped AOL merge with Time Warner, and helped secure the passage of Permanent Normal Trade Relations with China. Then, in 2003,  Elizabeth built a private lobbying practice. That practice became TwinLogic Strategies when she and co-founder Sharon Ringley launched the firm in 2009. Elizabeth earned her law degree from the Columbus School of Law at the Catholic University of America, while working full-time for Congress. She received a Bachelor of Arts in Journalism from the University of North Carolina at Chapel Hill. Resources TwinLogic Strategies Future Crimes by Marc Goodman News Roundup Members Slam Google on Tech Diversity Most of you are familiar by now with Google's firing of James Damore. Damore is the engineer who wrote the screed that reinforced stereotypes about women working at the company. Well, lawmakers are now urging Google to ensure its stated efforts to improve diversity lead to actual diversity. In a Medium post, Silicon Valley Rep. Ro Khanna wrote that the incident highlights Google's diversity challenges. He called upon Google to do more. Further, eps. Jan Schakowsky, Pramila Jayapal, Jamie Raskin and Robin Kelly -- all Democrats -- also weighed in. They urged Google to address diversity more effectively. Tony Romm reports in Recode. In Punch to Disney, Netflix Signs Shonda Rhimes Disney announced last week that it would be ending its contract with Netflix in 2019. Disney plans to offer its content on its own standalone service. However, Netflix responded by signing hit showrunner Shonda Rhimes. Rhimes previously created such shows as Grey's Anatomy and Scandal for Disney. Rhimes has been a boon to Disney's ABC unit for more than a decade. Netflix is also negotiating with Disney the possibility of Netflix continuing to carry Marvel content after 2019. Meg James, David Ng and Tracey Lien report for the LA Times and Lizzie Plaugic reports for the Verge. Major Tech Firms Lining Up to Support "Extreme Vetting" Several tech firms are enthusiastically lining up to support President Trump's "extreme vetting" program.  Recall that on the campaign trail Trump advocated for the creation of an extreme vetting program.  The U.S. Immigration and Customs Enforcement's Homeland Security Investigations (ICE) division is now working on building the program.  The program's  goal is to determine, with pinpoint accuracy, which persons entering the country are most likely to engage in acts of terrorism. IBM, Booz Allen Hamilton, Lexis Nexis, SAS and Deloitte are among the companies interested in building this out. Sam Biddle and Spencer Woodman report for the Intercept.   Benchmark Capital Sues Travis Kalanick Benchmark Capital--a major Silicon Valley investor and Uber investor--is suing former Uber CEO Travis Kalanick for fraud, breach of contract and breach of fiduciary duty. In  a complaint filed in Delaware, Benchmark says Kalanick deceived the board into expanding Uber's board from 8 to 11. Now, Benchmark says, Kalanick holds one of the very seats he created and is attempting to pack the board with members who are sympathetic to him. Dan Primack reports for Axios. More Tech Companies Oppose Anti-Sex Trafficking Bill We reported last week that the House introduced a bill, with the support of 24 members, that seeks to curtail online sex trafficking. The bill is a response to Backpage.com, a site that hosted prostitution and sex abuse ads. Now the bipartisan bill is up to 27 sponsors. However, joining the opposition are Engine Advocacy and the Copia Institute which spearheaded a letter campaign that was signed by 30 tech companies including Kickstarter, Meetup, Medium and Reddit. They argue that the bill goes too far in restricting legal third-party content. Wendy Davis Reports in Media Post.  

James M. Jordan is the former Chief Privacy Leader and Senior Counsel for E-Commerce & Information Technology of General Electric Company, where he led GE's pioneering initiative to implement Binding Corporate Rules for the transfer of personal data from Europe. His law firm, Jordan Legal Counsel, P.C., serves as co-counsel to Crowell & Moring's Privacy and Data Protection Group, focusing on privacy and personal data protection issues. He teams with lawyers from the firm's European offices to assist clients in complying with the European Union Data Protection Directive, ePrivacy Directive and eCommerce Directive, implementation of global privacy programs, and cross-border transfers of personal data pertaining to employees, customers and suppliers. He also advises clients on compliance with U.S. laws pertaining to privacy, electronic marketing and e-commerce, including the FTC Act, CANSPAM Act, Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act (GLBA), Children's Online Privacy Protection Act (COPPA), Health Insurance Portability and Accountability Act (HIPAA), Privacy Act of 1974, and state identity theft and security breach disclosure laws.