App Developers Get More Guidance for Complying With COPPA

After giving the mobile app industry a few years of heartburn over the breadth and ambiguity of its expanded Children’s Online Privacy Protection Act (COPPA) Rule, the Federal Trade Commission has gradually begun to provide some much-needed clarity. Earlier this month, the FTC revised three portions of “Part H” in its online FAQs, which deal with how entities[…]

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FTC Testifies on Geolocation Privacy


Today the FTC released the following press release.  I reproduce it here, verbatim, because it’s a succinct summary and pertains to important and cutting-edge issues of geolocation privacy that we frequently address on this blog. The Federal Trade Commission testified before Congress on the Commission’s efforts to address the privacy concerns raised by the tracking[…]

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FTC: Social Media Contests Are Endorsements, Require Disclosure

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“This pin motivated by my desire to win fabulous prizes.” That’s the sort of disclaimer that participants in social media contests may need to start using under a March 20, 2014 letter ruling from the Federal Trade Commission. As I’ve written and presented about before, the FTC has been very strict in recent years about[…]

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What Marketing Professionals Need to Know About Augmented Reality Law


Thursday night I was privileged to be part of a panel–together with Brian Mullins of daqri, Brian Bos of Mindshare, and Marty Wetherall of Fallon–presenting on augmented reality to the AdCraft Club of Detroit.  As the lawyer on the panel, many of the questions I fielded dealt with the legal issues that are likely to[…]

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Conference Speakers Should Follow FTC Guidelines for Sponsored Social Media Posts

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I’ve done quite a bit of public speaking over the past few years, including on the rules governing commercial use of social media.  Recently, I was invited to present to a conference of speakers bureau professionals on the rules their speakers should follow when writing in social media about the events at which they speak.[…]

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Consumer Protection in Social Media

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At this week’s New Media Expo / BusinessNext (formerly BlogWorld) conference in Las Vegas, I spoke on a panel called “Social Media and the Law: Emerging Legal Issues and Obligations.” My portion of the talk  was dedicated to consumer protection issues.  For those who couldn’t be there, here’s a summary of what I discussed. Consumer[…]

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[In Brief] Federal Agencies Pulling Out the Stops to Regulate Mobile Privacy

There is a full-court press underway among federal agencies to regulate the privacy of mobile applications.  Just a few examples: The Federal Communications Commission (FCC) issued a Public Notice requesting comments on wireless service providers’ privacy and data security practices with respect to information stored on their customers’ mobile communications devices. The comment period is[…]

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[VIDEO] My Presentation to the ARNY Meetup

At its December 27, 2011 gathering, the Augmented Reality New York (ARNY) Meetup presented a video I had recorded for the event.  The video was a summary of the FTC Complaint filed this Fall against PepsiCo and Frito-Lay, alleging that their AR marketing campaign for the Doritos Late Night brand amounted to “deceptive marketing” that[…]

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First, They Came for the Doritos: AR Campaign Spurs Legal Complaint, With More to Come


It’s on.   For real, this time.  Unlike the prisoner lawsuit I discussed last month, a newly filed legal complaint raises non-imaginary (although certainly still-untested) legal theories concerning an actual, commercial use of augmented reality.  AR litigation is now a cold, hard reality.  And the result of this initial salvo could have a huge impact[…]

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