FLBlogConSeptember 26, 2015

This presentation is not intended to be legaladvice, and is for informational purposesonly. The following slides are not intendedto be a substitute for the advice of anattorney licensed in your jurisdiction.

This presentation is not intended to be legaladvice, and is for informational purposesonly. The following slides are not intendedto be a substitute for the advice of anattorney licensed in your jurisdiction.

Websites targeted atkids, or

Collecting personaldata from youth under13

Changes to definitionof personal data

Websites targeted atkids, or

Collecting personaldata from youth under13

Changes to definitionof personal data

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2013 Amendments to Rules: Personal informationnow includes: Online contact information Screen or user name that functions as online

contact information Persistent identifier (e.g. customer number in

cookies, IP address, device identifier) Geolocation information Photograph, video or audio containing child’s

image or voice Information concerning child or parents

combined with an identifier

2013 Amendments to Rules: Personal informationnow includes: Online contact information Screen or user name that functions as online

contact information Persistent identifier (e.g. customer number in

cookies, IP address, device identifier) Geolocation information Photograph, video or audio containing child’s

image or voice Information concerning child or parents

combined with an identifier

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Yelp Takeaway: Have COPPA mechanism on full sites

as well as apps

TinyCo Takeaway: If targeting kids, have to have COPPA

mechanism in place

BabyBus Takeaway: Check on privacy practices of third

party plugins, code, as well as your own

Yelp Takeaway: Have COPPA mechanism on full sites

as well as apps

TinyCo Takeaway: If targeting kids, have to have COPPA

mechanism in place

BabyBus Takeaway: Check on privacy practices of third

party plugins, code, as well as your own

California Online PrivacyProtection Act

Requires all commercialoperators of websites oronline servicesconspicuously post privacypolicies to informconsumers about Categories of PII being

collected and With which 3rd parties the

PII will be shared Takeaway: Commercial

sites MUST have privacypolicies conspicuouslyposted

California Online PrivacyProtection Act

Requires all commercialoperators of websites oronline servicesconspicuously post privacypolicies to informconsumers about Categories of PII being

collected and With which 3rd parties the

PII will be shared Takeaway: Commercial

sites MUST have privacypolicies conspicuouslyposted

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Delta Airlines subject of CAenforcement for not havingprivacy policy on app

Best practice: Make sure appsinclude compliant privacypolicies

New Requirements in 2015 Delete button for minors Notify minors of delete button Can’t market certain

categories of goods to minors

Delta Airlines subject of CAenforcement for not havingprivacy policy on app

Best practice: Make sure appsinclude compliant privacypolicies

New Requirements in 2015 Delete button for minors Notify minors of delete button Can’t market certain

categories of goods to minors

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FTC Endorsement Guidelines Regulate truth in advertising Require disclosure of relationships between

companies and reviewers, including bloggers! Advertising deemed deceptive if it misleads “a

significant minority of consumers” When in doubt, disclose if you have received

merchandise, travel, etc from company you areblogging about

FTC Endorsement Guidelines Regulate truth in advertising Require disclosure of relationships between

companies and reviewers, including bloggers! Advertising deemed deceptive if it misleads “a

significant minority of consumers” When in doubt, disclose if you have received

merchandise, travel, etc from company you areblogging about

Machinima Influencers did not

disclose being paidto produce, uploadendorsement videos Cease conduct Must ensure

influencers clearlydisclose when theyhave beencompensated forendorsements

Machinima Influencers did not

disclose being paidto produce, uploadendorsement videos Cease conduct Must ensure

influencers clearlydisclose when theyhave beencompensated forendorsements

Matter of state, federal, and platformcontract law

Sweepstakes: random drawings for a prize Contest: tests of skill Chance A prize

Lottery: Chance A prize Consideration

Matter of state, federal, and platformcontract law

Sweepstakes: random drawings for a prize Contest: tests of skill Chance A prize

Lottery: Chance A prize Consideration

Florida & NY law: Prizes over $5,000 must bebonded and registered with the state Unless have been operating in state for less than

5 years without incident

Prizes and swag received may be taxable Anything received must be reported as income Have to pay self-employment tax once income is

above $400

Florida & NY law: Prizes over $5,000 must bebonded and registered with the state Unless have been operating in state for less than

5 years without incident

Prizes and swag received may be taxable Anything received must be reported as income Have to pay self-employment tax once income is

above $400

Must be clear, and include the following: No purchase necessary Details of how to enter Limits on number of times a person can enter Closing date and time of the sweepstakes Winner selection and notification procedures Prizes offered and their retail value, as well as

any conditions

Must be clear, and include the following: No purchase necessary Details of how to enter Limits on number of times a person can enter Closing date and time of the sweepstakes Winner selection and notification procedures Prizes offered and their retail value, as well as

any conditions

If collecting materials, have to state howthose materials will be used & if returned

May be necessary to limit photos to images ofpeople over the age of 18

Also state that submission of inappropriatematerials will result in disqualification

Voting vs. judging to determine winner

If collecting materials, have to state howthose materials will be used & if returned

May be necessary to limit photos to images ofpeople over the age of 18

Also state that submission of inappropriatematerials will result in disqualification

Voting vs. judging to determine winner

You are responsible for lawful operation ofthat promotion

Must include Official rules Offer terms and eligibility requirements (age and

residency restrictions); and Compliance with applicable rules and regulations

governing the promotion and all prizes offered Pages promoting or facilitating online

gambling, games of skill or lotteries are onlyallowed in some countries & only w/ FBapproval

You are responsible for lawful operation ofthat promotion

Must include Official rules Offer terms and eligibility requirements (age and

residency restrictions); and Compliance with applicable rules and regulations

governing the promotion and all prizes offered Pages promoting or facilitating online

gambling, games of skill or lotteries are onlyallowed in some countries & only w/ FBapproval

Types of Contracts Sponsored Blogging Guest Blogging

Types of Contracts Sponsored Blogging Guest Blogging

Parties? Effective date? Timeline? Content? Platforms? Frequency? Compensation?

Parties? Effective date? Timeline? Content? Platforms? Frequency? Compensation?

Copyright Easy to invoke- vests once fixed in a tangible

medium Applies to works like song lyrics, photographs,

music, articles, poems, artwork Long term of protection Life of author + 70 years for single author

Can be serious penalties Financial, as well as criminal

Public part of Facebook ≠ Public Domain!

Copyright Easy to invoke- vests once fixed in a tangible

medium Applies to works like song lyrics, photographs,

music, articles, poems, artwork Long term of protection Life of author + 70 years for single author

Can be serious penalties Financial, as well as criminal

Public part of Facebook ≠ Public Domain!

Defenses Remember, fair use is a defense! News reporting Commentary

Is the license suitable? License=Permission Does it allow commercial use? Be careful with Creative Commons

Terms of use for platform Make sure use works with policies of platform

Defenses Remember, fair use is a defense! News reporting Commentary

Is the license suitable? License=Permission Does it allow commercial use? Be careful with Creative Commons

Terms of use for platform Make sure use works with policies of platform

Particular socialmedia handles?

Indemnification? Representations and

warranties? Terms of

service/restrictions? Payment? Cancellation? Placement?

Particular socialmedia handles?

Indemnification? Representations and

warranties? Terms of

service/restrictions? Payment? Cancellation? Placement?

Contact info:

Twitter @punklawyer @ChrissieScelsi

Contact info:

Twitter @punklawyer @ChrissieScelsi