Feb 24 2014

Privacy Alert – Amendments to CalOPPA in Effect as of January 1, 2014 – Have you Reviewed Your Privacy Policy?

Published by admin at 12:09 pm under E-alert,Privacy,Regulations

On September 27, 2013, the State of California enacted Assembly Bill No. 370 (“AB370”), amending the California Online Privacy Protection Act (“CalOPPA”).  CalOPPA requires any operator of a commercial website or online service provider that collects personally identifiable information (“PII”) from any individual residing in California (collectively, “operators”), whether through a website, mobile application or otherwise, to conspicuously post a privacy policy and comply with such privacy policy.  Prior to the passage of AB370, CalOPPA required that such privacy policy disclose the following:

  1. A description of the categories of PII that the operator collects, as well as the categories of third parties with whom such PII may be shared;
  2. A description of the process maintained by the operator that allows an end user to review and request changes to any of his or her PII that is collected;
  3. A description of the process maintained by the operator for  notifying an end user of any material changes to its privacy policy; and
  4. The effective date of the operator’s privacy policy.


Additional Disclosures Required by AB370


In addition to the disclosures set forth above, AB370 introduces the following disclosure obligations for operators: 

  1. To the extent that an operator engages in the collection of PII about an individual’s online activities over time and across third party websites or online services, such operator must disclose how it responds to web browser “do not track” (“DNT”) signals or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of such PII; and
  2. An operator must disclose whether third parties may collect PII about an individual over time and across different websites when an individual uses the operator’s website or online service.


What it Means for You


The State of California has previously taken the position that operators that fail to comply with the requirements of CalOPPA will be issued a warning, coupled with a 30-day cure period in which to comply.   Those operators failing to comply with such requirements within such 30-day period will be deemed in violation and may be fined heavily under California’s Unfair Competition Law. 

Compliance with these new disclosure requirements poses significant challenges to operators.  Despite the efforts of industry groups such as the World Wide Web Consortium’s Tracking Protection Working Group, no clear industry standard has yet to be established in order to guide operators in their identification of and response to DNT signals or other mechanisms now regulated under CalOPPA.  Additionally, the lack of standard protocols transcends further to the actual technology.  For example, although web browsers have now generally implemented DNT functionality for end users, these features vary from browser to browser, further complicating operators’ compliance efforts.  

The DigitalHHR team has received numerous inquires regarding the implications of AB370 and continues to monitor the latest developments surrounding this constantly evolving discussion.  Despite the uncertainty, operators of websites and online services should review their privacy practices and policies immediately in order to assess whether revisions are necessary in order to comply with AB370.  If you have any questions, please feel free to reach out to us.

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Nov 06 2013

Dan to Moderate Panel at the Stern School’s Entertainment, Media and Technology Summit

Published by admin at 12:09 pm under Events,Television

On November 6th, Dan will be moderating a panel  titled “Content Distribution in a Digital World” at the 2013 Entertainment, Media and Technology Summit held by NYU’s Stern School of Business, an annual event which brings together business executives  in the entertainment, media and technology industry to discuss the myriad opportunities and challenges for industry stakeholders in the digital media sector.    Dan’s panel will be focusing on the  key issues and trends arising in the digital television content distribution ecosystem, including development and implemenation of novel monetization and audience engagement strategies as well as the effect of disruptive technologies and service offerings on the status quo.  Joining Dan on the panel will be digital media executives from CBS, NBC, EPIX and A&E.

Click here for more information on the Entertainment, Media and Technology Summit.

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Oct 23 2013

The Battle for Cloud City: Aereo Continues to Push Copyright Disruption to the U.S. Supreme Court

As the convergence of cloud-based products and services with the delivery and consumption of entertainment content continues to gain steam in the U.S., multiple courts across the U.S. are being asked to weigh in on the copyright implications of a new type of online TV service offered by two entities—namely, Aereo and FilmOn X (aka cloud cityAereokiller and Barry Driller).  A cross-country surge of litigation in the matter is testing the balance between copyright holders’ exclusive rights to exploit their works and consumers’ and service providers’ ability to make lawful use of these works through emerging cloud-based technology solutions. Since our last article on the subject, litigation involving these two service providers has now spread from courts in New York and California to courts in Massachusetts, Utah and the District of Columbia—and now, the U.S. Supreme Court has been asked to weigh in by the plaintiffs. Continue Reading »

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Oct 23 2013

Dan to Speak at Cloud Computing West 2013 – Revolutionizing Entertainment and Media

Published by admin at 4:56 pm under Cloud,Events

On October 28th, Dan will be participating on a panel  titled “Outstanding Issues for the Adoption of Cloud Computing in the Entertainment and Media Sectors” at the Cloud Computing West 2013 Conference in Las Vegas, a two day event  jointly sponsored by the Cloud Computing Association and the Distributed Computing Industry Association which brings together multiple stakeholders in the cloud-based distribution space (content creators, copyright holders, distributors and technology solution and  service providers alike) to discuss the  latest advances and challenges presented in the implementation of cloud-based solutions for the storage, delivery, distribution and exploitation of high-value entertainment content.   Joining Dan on the panel will be executives from Netflix, Microsoft, Amazon and Las Vegas Sands Corporation, among others.   

Click here for more information on Cloud Computing West 2013.

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Sep 11 2013

Lindsay to Lead Workshop at Social Media Strategies Summit

Published by admin at 6:12 pm under Events,Social Media

On September 17th, Lindsay Orosz will be leading a workshop titled “Think Before You Tweet! - Untangling the Social Media Ecosystem and the Legal Risks That Come Along for the Ride” at the Social Media Strategies Summit in Boston, a three-day event which brings together executives from top brands to focus on managing successful social media footprints and employing other strategies in the context of constant digital disruption.  Lindsay’s presentation will highlight, among other things, critical legal and business challenges organizations must consider as they build and enhance their social media presence, while aiming to provide practical solutions in order to face these concerns head on. 

Click here for more information on the Social Media Strategies Summit.

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