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Safe Harbors Websites

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Robinson+Cole Data Privacy + Security Insider

FTC Ruling on Proposed Facial Recognition Safe Harbor under COPPA

The Federal Trade Commission (FTC) has declined to approve a new method for obtaining parental consent under the Children’s Online Privacy Protection Act (COPPA) that would involve analyzing facial geometry to verify an...more

Lerman Senter PLLC

FTC Proposes Updates to COPPA Rule

Lerman Senter PLLC on

The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more

WilmerHale

FTC Publishes Proposed Amendments to COPPA Rule

WilmerHale on

On December 20, the Federal Trade Commission (FTC or “the Commission”) published a notice of proposed rulemaking (NPRM) proposing amendments to the Children’s Online Privacy Protection Rule (the “COPPA Rule” or the “Rule”)....more

Wiley Rein LLP

FTC Proposes Changes to COPPA Rule and Seeks Comment

Wiley Rein LLP on

On December 20, the Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking (NPRM) proposing revisions to its Children’s Online Privacy Protection Rule (COPPA Rule) and requesting comment on a number of...more

AEON Law

Patent Poetry: Beware of DMCA Phishing Emails

AEON Law on

While it’s safe to delete and ignore most phishing emails – such as one from a mysterious foreign prince offering you a share of his fortune – it’s a headache to have to worry about whether what appears to be a Digital...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner

Williams Mullen on

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor...more

Kelley Drye & Warren LLP

California OEHHA Explains Decision to Rescind Proposed “Clarifications” to Prop 65 Rules for Internet Sales; Finalizes Changes to...

The California Office of Environmental Health Hazard Assessment (OEHHA) yesterday released its explanation for withdrawing proposed “clarifications” to the Proposition 65 regulations governing internet sales. Last January,...more

Orrick, Herrington & Sutcliffe LLP

Copyright Office’s DMCA Report Raises an Interesting Question: Does a Computer Know What is Fair?

On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more

K&L Gates LLP

No Time Like the Right Time* – To Update Your DMCA Safe Harbor Copyright Agent Registration

K&L Gates LLP on

All companies that conduct business online should take note of a potential upcoming renewal deadline for the “safe harbor” from copyright infringement liability. Online service providers seeking safe harbor under 17 U.S.C. §...more

Fenwick & West LLP

The Time is Now: Renew DMCA-Designated Agent Registrations with the Copyright Office

Fenwick & West LLP on

Starting December 1, 2019, service providers will need to renew their Digital Millennium Copyright Act-designated agent registrations with the U.S. Copyright Office to remain qualified for safe harbor protection. Fenwick...more

Baker Donelson

OIG Advisory Opinion 19-04: OIG Approves Health Care Directory's Per-Click Fee Structure

Baker Donelson on

In Advisory Opinion 19-04, published September 10, 2019, the Office of Inspector General (OIG) approved an online health care directory operated on a per-click or per-booking fee arrangement. The proposed directory will be...more

Morrison & Foerster LLP - Social Media

CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms

A recent Second Circuit decision makes clear that the safe harbor that social media and other Internet companies enjoy under Section 230 of the Communications Decency Act broadly applies to a wide variety of claims. ...more

Morrison & Foerster LLP - Social Media

Legislators Propose Narrowing § 230’s Protections

As we have frequently noted on Socially Aware, Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “the law...more

Morrison & Foerster LLP - Social Media

Appeals Court Again Upholds Section 230 Protections in Case Against Grindr

Often hailed as the law that gave us the modern Internet, Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us...more

BakerHostetler

COPPA Safe Harbor Hit by Storm

BakerHostetler on

Administrations come and administrations go, but the FTC and self-regulation have had a long-running love affair. But can there be too much of a good thing? ...more

Robinson & Cole LLP

IP+T: Intelligence Newsletter - Q3 2018

Robinson & Cole LLP on

There has been a recent surge of lawsuits and demand letters alleging company websites are violating the Americans with Disability Act (the “ADA”). In the first six months of 2018, there were at least 1,053 lawsuits alleging...more

Jackson Walker

So Far, So Good? The DMCA Safe Harbors at Twenty

Jackson Walker on

Next month marks the 20th anniversary of an important milestone in new media history with the enactment of the Digital Millennium Copyright Act (DMCA). Signed into law on October 28, 1998, the DMCA was the federal...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - September 2018 #3

Robinson & Cole LLP on

Schneider Electric recently issued a consumer warning that it mistakenly shipped to its customers USB drives that were infected with malware. Schneider Electric stated in its alert that “Schneider Electric has determined that...more

Foley & Lardner LLP

Wisconsin Court of Appeals Reinstates Tort Claims Against Operator of Firearms-Classifieds Website

Foley & Lardner LLP on

The federal Communications Decency Act of 1996, in what is commonly referred to as “Section 230,” absolves from liability the “provider” of “an interactive computer service” when the plaintiff uses a theory of liability that...more

Mayer Brown Free Writings + Perspectives

Social Media Compliance Guide For Issuers, Broker-Dealers, And Advisers

[author: Trevor Starer] The use of social media raises many securities law and compliance challenges for issuers, broker-dealers, and investment advisers. This Compliance Guide summarizes briefly some key principles. ...more

Foley & Lardner LLP

Your Webpage Is About to Violate the Law -- And Other Changes to Prop 65 Warning Requirements

Foley & Lardner LLP on

Big changes are coming to a regulation that, while well meaning, cost businesses selling products in California more than $50M in 2017 and similar amounts in prior years. California’s Safe Drinking Water and Toxic Enforcement...more

Weintraub Tobin

The DMCA’s Safe Harbor Provision And Policing Repeat Infringers

Weintraub Tobin on

The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March...more

Hogan Lovells

Europe: New Obligations for Platform Operators – Where Do We Stand?

Hogan Lovells on

The reform of European Copyright law is at the heart of the European Commission’s efforts to create a true Digital Single Market. The new draft Directive on copyright in the Digital Single Market (“Copyright Directive“, COM...more

Sheppard Mullin Richter & Hampton LLP

Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal “Underground...

If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65. Over a year after adopting new...more

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