Tuesday, November 19, 2019

COPPA: a lawyer explains why the FTC's threats on YouTube content creators are at least questionable and constitute "sabre rattling"


Hoeg Law has a useful discussion of the concern from many content creators over the possibility of huge fines against content creators.


This is not legal advice (reminder).  But the lawyer believes that a content creator is not in a position to know or control does what YouTube does with cookies that may pull information.  The content creator is not collecting the information.

I can think of one counter argument.  Even if you don’t have monetization.  Your making your content available for YouTube’s cookies (even on non-monetized videos) comes with the territory of using a free service.  Such possibilities exist even with Blogger.

There may be future questions about whether logs associated with standard websites could create COPPA issues, and these might be a problem in the future for hosted content. But that has nothing to do with putting cookies one a family computer.
  
The FTC’s behavior in the press conference Sept. 4 does suggest that (it believes that at) a psychological level that individual driven content online (especially YouTube or other social media sites) is gratuitous and making it hard for people with the responsibilities for raising kids. So this is kind of a “skin in the game” problem.

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