Few pieces of key legislation:
Do Not Track Act Commercial Privacy Bill of Rights Act of 2011 Personal Data Privacy and Security Act Secure and Fortify Electronics Data Act (SAFE) Data Security and Breach Notification Act
5 Quick Tips OverviewTestimonials with
atypical results - must disclosewhat is normally expectedBloggers who are paid to make endorsements mustdisclose itMust disclose connections between research &advertiser if using a research reportPaid endorsements deceptive if they make false ormisleading claims.Advertisers & endorsers liable for false orunsubstantiated claims
DMCA = Intellectual PropertySafe Harbors512(a)-
Safe harbor “for infringement of copyright by reasonof the [ISP’s] transmitting, routing, or providingconnections for” infringing material.512(b) – Safe harbor that provides immunity for systemcaching512(c)- Safe harbor that provides immunity for informationresiding on the ISP’s systems at the direction of users512(d)- Safe harbor that provides immunity for informationlocation tools such as search engines.
CDA = Defamatory Content (generally)Section
230 of the Communications Decency ActGeneral Rule:If a website is involved in any way in the creation ordevelopment of the information, they will likely beconsidered an “information content provider.” Theseopens them to liability.
Children’s Online Privacy Protection ActRequires
websites to get parental consent beforecollecting or sharing info for children under 13Enforced by the Federal Trade CommissionApplies to commercial websites and other onlineservicesIf you know you have minors on your site, closethe accounts
Children’s Online Privacy Protection ActRegulates
all types of identifying informationExemptions: electronic postcards, contests, onlinenewsletters, homework helpExample: Disney’s Club PenguinIf you know you have minors on your site, closethe accounts
Children’s Online Privacy Protection ActTo
“Cyber” BullyingLegislative Attempts in CA:
AB 9 “Seth’s Law” AB 1156 Definition of Bullying AB 746 Student Behavior on SNS Sites SB 719 Bullying Prevention for School Safety and Crime Reduction Act of 2003 AB 86 (2008 Code) Pupil Safety