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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