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Coping With COPPA
While the Children's Online Privacy Protection Act of 1998 (COPPA) was designed to rein in commercial Web sites that target children as buyers of goods, it has caused legal difficulties for those who provide services such as camps, schools, after-school activities and sports clubs.
COPPA, the only law specifically to target online information privacy, applies only to Web sites that collect information from children. The providers of such services must regularly wrestle with the ways they collect prospects from their sites.
COPPA requires commercial Internet sites to refrain from collecting personal data from children under the age of 13 without parental consent. Internet-site operators have taken three mutually exclusive legal approaches to coping with COPPA:
- Securing verified parental consent;
- Preparing to manage a complaint; and
- Implementing substantial compliance procedures. While users of provider sites are usually parents looking for schools, camps and other such businesses or activities, children also use these sites and report their choices to their parents.
Many providers incorrectly assume they are in substantial compliance with the spirit of COPPA because they subsequently contact parents or guardians of children from whom they have collected data. The rationale is that it would be prohibitively expensive to determine the age of a site user beforehand, so they make sure they follow up with a parent or guardian.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?