Category: GOVERNMENT REGULATIONS

Summer 2014 COPPA Update: Cleaner Language & Safe Harbor Programs

COPPA and FTC news
Over the past several months, the FTC has updated COPPA rules and regulations. In this post, we summarize the latest COPPA changes. For your convenience, we did it in bullet-point form for quick and easy reading.
Posted in Affiliate Marketing Law, FTC News, Government Regulations, Int'l Internet Law, Internet Law, Mobile Law, Online Privacy Law | Tagged , , | Leave a comment

Nine Things Every Online Business Should Know About The FTC

FTC Regulations
Do you know the Federal Trade Commission's rules about online marketing? Every businessperson who advertises digitally, online and via mobile programs should know these 9 FTC marketing regulations. Knowing them could save you a lot of headaches and money.
Posted in FTC News, Government Regulations | Tagged | 2 Comments

FTC Compliance Guidelines For Bloggers and Affiliate Marketers

FTC Regulations
Curious about the Federal Trade Commission's guidelines for bloggers and affiliates who engage in online marketing? If so, you're in luck. We've prepared an online marketing primer that will get you started with your online marketing compliance efforts. Click through to get the goods.
Posted in Affiliate Marketing Law, FTC News, Government Regulations | Tagged , , | 6 Comments

Big False Advertising Law News: SCOTUS Changes The Rules

false-ad-small
Bluntly speaking, the U.S. Supreme Court usually picks lawsuits that dwell at the intersection of “American Morals Avenue” and “Dispassionate Law Lane,” leaving the quasi-wonkish definitional deliberations to the appellate circuit. But not this time. Lexmark v. Static Control: Why It Matters In The World Of False Advertising Law Recently, the highest court in the land accepted and subsequently released an opinion on the uncharacteristically “wonky” Lexmark vs. Static Control. A case Justice Scalia described as “sprawling,” Lexmark is dense, nuanced and in its most recent ruling, the Supreme Court only addressed one aspect of the claim – the issue of “standing” in Lanham Act false advertising suits. So, why is Lexmark such a big deal? In plain English, via ...

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Is Section 230 of the CDA Done? Summary Of The Sarah Jones v. Dirty World Amicus Briefs

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Out of all the Internet laws, which is the most important? Many folks may give Section 230 of the Communications Decency Act (CDA) top honors. Some people have even speculated that Section 230 of the CDA is primarily responsible for turning the Internet into a thriving bazaar of business and innovation. What Does Section 230 of the CDA Do? What does the powerful statute do? Section 230 of the CDA says: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Less legalese, you say? Basically, Section 230 of the CDA says you can’t blame hosting companies or website operators for defamatory statements posted ...

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2013 Dot Com Disclosures: Explained By Lawyer

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Below is an in-depth review of the March 2013 Dot Com Disclosures update. Fair Warning: It is the opposite of short. We’ve done our best to use descriptive headlines to break the monotony and hopefully allow for easier navigation. If you need to speak with an attorney who deals with FTC and online advertising issues, get in touch. Kelly Warner is here to help any and all online marketers. The Federal Trade Commission updated the Dot Com Disclosures. In April 2012, the nation’s consumer protection agency held workshops to discuss mobile devices and sales disclosures. Now, they’ve released a new set of guidelines. It’s supposed to act as a set of rules for how mobile and social media ads should ...

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Mobile Marketing Alert: New Android App May Be A Thorn In Marketers Sides

mobile-advertising
Attention Mobile Marketers: A new Android app called PrivacyStar alerts the Federal Trade Commission of questionable “text-vertising” campaigns. Yep, you read that right: the small but powerful program allows users to file a formal FTC complaint with the tap of a finger. So, if texting is one of your current mobile marketing methods, be aware that users can now easily alert officials if they think your advertising texts are unsolicited SPAM. Bottom line: it’s a good time to review your mobile marketing process to make sure it doesn’t cross the legal line. From CNN: Fighting text spam got easier by leaps and bounds on Wednesday when Android app PrivacyStar added a free-to-use feature, which will help users file formal complaints ...

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Daily Internet Law News Brief: Patents, COPPA & Netflix

internet-law-news
Ready for today’s Internet law news. Let’s get to it without further ado. New Internet Law Bill Passed In House The so-called “Netflix Bill” passed in the House of Representatives, which means the government is one step closer to changing provisions in the Video Privacy Protection Act. The proposed changes will make it easier for people – and let’s face it, social networking sites — to share video viewing histories. Like all political moves, this one has its detractors. Most notably, those who feel the e-mail privacy amendment to the Electronics Communications Privacy Act should also be changed at the same time aren’t thrilled. Technology Intellectual Property News: Patent Talk Interested in software patent issues? Jason Mick published a commentary ...

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HR 2471: Proposed E-Mail Privacy Bill

email privacy law
In a few months, it may be a little more difficult for law enforcement agents to get a hold of your e-mail and social media messages. Last week, the Senate Judiciary Committee approved a bill (HR 2471), sponsored by Sen. Patrick Leahy, which seeks to update the 1986 Electronics Communications Privacy Act. The bill will require officials to obtain a warrant if they want to read private e-mails or electronic messages. What, exactly, is the Senate Judiciary Committee, you ask?One of the oldest government committees still in existence, the SJC was created in 1816. In addition to conducting Supreme Court nominee hearings, the judicial board also deals with federal criminal law, human rights, immigration, intellectual property, antitrust and online privacy. ...

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Posted in Government Regulations, Online Privacy Law | Tagged | 1 Comment

Biz Opp Alert: The FTC Is Watching

FTC Regulations
The nation’s consumer protection agency is actively enforcing their new Biz Opp rules. On October 31, 2012, the Federal Trade Commission, in conjunction with other federal task forces, the U.S. Postal Inspection Service and Attorneys General in Arizona, Colorado, California and Indiana filed 108 new legal actions against Biz Opp companies that authorities allege are unfairly scamming would-be entrepreneurs. Operation Lost Opportunity: The FTC’s Latest Crackdown On Biz Opps With a 3-0-2 vote, the FTC put operation lost opportunity into action. Seventy civilian actions and 38 criminal actions were filed in the District Court for the Southern District of Florida against a slew of companies offering “be your own boss” prospects. Specifically, a group of companies that offer mystery shopping, ...

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