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/