Eric P. Mandel

October 9, 2019
Examining COPPA and the Google-YouTube Settlement

Examining COPPA and the Google-YouTube Settlement

On September 4, 2019 the Federal Trade Commission (FTC) announced that Google and its subsidiary YouTube agreed to “pay a record $170 Million to settle allegations by the Federal Trade Commission and the New York Attorney General that the YouTube video-sharing service illegally collected personal information from children without their parents’ consent” (the “Google-YouTube Settlement”). Specifically, the FTC and the State of New York (NYS) jointly alleged that YouTube violated the Children’s Online Privacy Protection Act (COPPA) Rule by collecting personal information from minors under the age of 13 by persistent identifiers, commonly known as cookies, to deliver targeted behavioral advertising to children on a variety of “child-directed” YouTube channels.
October 4, 2019

Introducing the CPREA: California Privacy Rights and Enforcement Act of 2020

CCPA may have been just the beginning of California’s privacy framework. On September 25, 2019, Californians for Consumer Privacy, the group behind the California ballot initiative that resulted in California Consumer Privacy Act (CCPA), filed a new initiative intended for California’s November 2020 general election ballot, which they have labeled as the “California Privacy Rights and Enforcement Act” or CPREA. This time the group is expanding its efforts to implement additional privacy and data protection standards for California citizens, including minors, to create a formal governmental privacy enforcement agency, and to address the use of personal information in political campaigns.
June 17, 2019
Retention Ephemeral Messages

Retention of Ephemeral Messages

An oft-heard argument is that one form of a recorded communication channel (e.g., Instant Messaging) is more akin to an unrecorded telephone call than another (e.g., email), and the former should thus not be subject to any regulatory or legal retention obligation.  Similarly, some have questioned whether a recorded communication needs to be retained for regulatory purposes or preserved for legal hold if the same communication could have just as easily been made over the phone or in person and had never been recorded.
June 11, 2019
Discovery Ephemeral Messages

Discovery of Ephemeral Messaging

With ephemeral messaging moving from fad to trend, it is important for lawyers to consider several questions, such as whether their clients, if under legal hold, can still use ephemeral messaging and if so, under what circumstances?
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