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Children and the Internet

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Thinking of buying your child their own laptop or smart phone? Read this first – a look at whether parents are liable for their kids’ online behavior

A Georgia seventh-grader created a fake Facebook profile that defamed a classmate, according to this Wall Street Journal story.   In middle school fashion (I am not looking forward to parenting through this period), a boy created a fake Facebook profile of a female classmate, used a “Fat Face” app to alter her appearance and … Continue Reading

Texas High Court Rules Improper Photography Law Unconstitutional; Or, Why You Care a Creepy Dude Is Not Guilty

The Texas Court of Criminal Appeals ruled in a 8-1 decision yesterday that the “Improper Photography and Visual Recording Act” is facially unconstitutional.  The case involved a guy who allegedly took pictures of kids at a water park.  You can read more here.
Before you say, you are not a creepy person taking pictures of random … Continue Reading

When Online Behavior Crosses the Line – The Law on Threats, Libel and Just Being Rude

A frequent question we get is what can we do about the online posting about me?  Often times, the answer is not much.  Lawyers can only help when the online conduct crosses the line into a cognizable cause of action.  Figuring that out is the hard part.
The Threatening or Harassing Post
Is there an ex spewing … Continue Reading

Back from the Land of Trial Mode: January Quicklinks

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial.  So, we share with you some of the articles we have been reading, but just haven’t had time to write about:
Bloggers entitled to same protections as journalists under the First Amendment. … Continue Reading

Regulating revenge porn and explicit online communications with children – easier said than done

Everyone supports the prevention of sexual predators texting illicit material to people under 17.  Everyone knows that revenge porn is a scourge on public decency.  But, can the law do anything about it?  Should it?
Texas Throws Out Law Banning Explicit Online Communications With Minors.
Yesterday, the Texas Court of Criminal Appeals (our highest court that hears … Continue Reading

Will there be an “eraser button” on social media for teens?

There are two bills (SB 568 and SB 501) working their way through the California Legislature that may require social media sites to erase the content of minors.
Oops . . . I shouldn’t have posted that.
California Senate Bill 568, which has already passed the Senate, would allow minors to request websites to remove that picture the … Continue Reading

COPPA Part 5 – What is Personal Information?

We conitnue our series on the Children’s Online Privacy and Protection Act, or COPPA, with a double-dose discussion on the meaning of “personal information” under the law and the effect of the proposed changes.

You can also read my overview of COPPA.  

COPPA – Part 4: Why the changes?

We continue our video series on the Children’s Online Privacy and Protection Act with the reasoning behind the FTC’s proposed changes.  
You can also read my overview of COPPA.  

COPPA Part 3: The FTC’s Basics on Compliance

We continue our video series on the Children’s Online Privacy and Protection Act with the basic guidelines the Federal Trade Commission lists to make sure you are complying with COPPA.
You have to excuse the interruption in the middle of the video for the break regarding CLE verification code which you can ignore.

 You can also read my … Continue Reading

COPPA – Part Two: COPPA and Online Privacy

Today, we continue our series on the Children’s Online Privacy Protection Act. Last time, we talked about the basic pitfalls of contracting with minors online.  You can also read my overview of COPPA. 
This video discusses COPPA and online privacy as it relates to minors.