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The Tip of the Iceberg – ‘Do Not Track’ Kids Bill Proposed

After several months of anticipation, Rep. Ed Markey (D-Mass.) released his Kids “Do Not Track” discussion draft bill. At face value, this bill appears to have a narrow focus of online behavioral activities toward children, which we normally define under the Children’s Online Privacy Protection Act (“COPPA”) as any individual younger than 13. However, such is not the case. This bill would amend COPPA to expand some marketing provisions to teens under age 18, and may, in effect, require better age screens, given teen savvy (and their propensity to lie about their age).

If enacted, this bill has the potential to create complications when marketing to the crucial college age and young adult market as more sophisticated age screens will require all to enter information that they might not want to share online.

To read the entire Rimon Alert and find out more, just check out Rep. Markey Releases a Kids Do Not Track Discussion Draft Bill.

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You’ve Got to Know When to Hold ‘Em, Know When to Fold ‘Em

Since 1996, Legal Bytes has regularly published bits and bytes at the intersection of law, technology and virtually every subject and industry one can imagine. Our publication has flourished, thanks in large measure to the wonderful support I have been given by colleagues and professionals who contribute everything from technical skills, proofreading, graphic design and, of course, keeping me honest.

Just as important, you – my faithful and loyal readers – have enriched my life beyond measure. Some of you have sent in gifts – automobiles, furnished apartments, a house in Laguna Niguel, a Gulfstream IV, a small villa near Lake Como, a few Armani suits – nothing that has changed my life or been particularly monumental, but these tokens of appreciation have meant a lot to me. Special thanks to Justin Case for that fabulous two-week vacation in the Galapagos.

As you probably can guess, the material rewards for blogging pale in comparison to the intellectual stimulation, the friendships and connections I’ve made with such great people (except for you Austin Tacious). So thank you.

In case you haven’t figured it out yet, this is the last blog post for Legal Bytes. We’ve decided to go out on a winning streak, and the awards we’ve accumulated along the way speak for themselves. “Best Blog of 2009 With the Word ‘Bytes’ in Green Letters,” “Most Printed for Spare Pet Paper Liners in 2010,” and who can forget 1999 when we won the “Party Like It’s 1999 Award” from HRH Prince, who was formerly known as something but then changed his name back to Prince.

So thank you all again for being loyal readers. The end is not near, it’s here.

FIRST, download this Legal Bytes Memorial Issue [PDF] as a keepsake.

SECOND, Here is the missing link. Although I’m not sure why I always seem to find things in the last place I look, I have found the last link for you to follow.

The End

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2011 ANA Law and Public Policy Conference – Don’t Miss It

The Association of National Advertisers (ANA) is holding its annual Law and Public Policy Conference in Washington, D.C. The digital revolution is well underway and changing the legal landscape every day at lightning speed.  Keeping up is becoming a nearly impossible task.  The Seventh Annual ANA Advertising Law and Public Policy Conference, co-chaired by Rimon partner and ANA General Counsel, Doug Wood, and the ANA’s Executive Vice President for Government Relations, Dan Jaffe, enters the battlefield by putting together a stellar faculty, including leading regulators, top practitioners, and serious critics, capped off by a session that puts it all together, led by a leading law professor.  The new world started with everything becoming an "e" – e-mail, e-commerce, e-this, e-that.  And then came wiki — Hawaiian for speed.  Enter Wikipedia, wiki-news, wiki-this, wiki-that.  Welcome to the new world of wiki-lawyers.

Continuing Legal Education (CLE) credits will be provided.  What are you waiting for?

When

Tuesday, March 15, 2011, at 7:30 a.m., through Wednesday, March 16, 2011, at 5:00 p.m.

Where

Park Hyatt Washington, D.C.
24th & M Streets, NW
Washington, D.C.

Get more information & REGISTER.

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Advertisements going Mobile – something new or just the matrix reloaded?

Wow! I thought I was cool playing “Going Mobile” by The Who (from their album – remember albums? – Who’s Next, released in the United States August 14, 1971) to introduce my presentation about the legal implications of mobile advertising and mobile marketing (see Advertising on the Go – Mobile Marketing or Mobile Mayhem).

But I tip my hat to you Legal Bytes readers. You are on the ball. After blogging about the presentation, a friend and avid Legal Bytes reader reminded me of an article I wrote in 2005, published in the New York Law Journal Magazine, entitled “Transformed“, in which I stated: “No longer tied to desks or offices located in centers of commerce and society, we carry our electronic tool boxes with us wherever we go. We have pagers, cell phones and wireless PDAs with names like Treo™ and the BlackBerry® . . . whose addictive qualities . . . (make us refer to them) as ‘crack’ berries! We carry them with us into restaurants, Broadway shows, buses and even bathrooms.”

Wow, déjà vu all over again (with respect to Yogi Berra). Can you make it through the day without your BlackBerry or your Smartphone (we didn’t call them that in 2005)? What’s the first device you look at in the morning? What about before going to bed? Now I can even access Legal Bytes with a scan using my mobile. Wow!!

I am reminded of one of my favorite quotes from George Santayana, Spanish American philosopher (perhaps most remembered for his remark, “Those who cannot remember the past are condemned to repeat it”). My personal favorite quote of his is, “We must welcome the future, remembering that soon it will be the past; and we must respect the past, remembering that once it was all that was humanly possible.” (The Philosophy of George Santayana, Northwestern University Press, 1940, p. 560). Oh, and if you actually like The Who, you can listen to Going Mobile:

 

https://youtube.com/watch?v=tQ5pi3UR5dY

 

Indeed. Déjà vu all over again!

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Advertising on the Go – Mobile Marketing or Mobile Mayhem

February 9, 2011—one day before the Association of National Advertisers held its TV & Everything Video Forum—Joseph I. (“Joe”) Rosenbaum had the privilege of presenting a pre-conference legal educational seminar at the New York offices of Rimon. Joe’s presentation, in PDF format, is available for your personal viewing right here: “Mobile Advertising, or I Know Where You Will Be Next Summer & Other Mobile Marketing Myths”.

You won’t be able to see the embedded videos – if you want to see those or any other presentations Joe and the Advertising Technology & Media practice has presented over the years, or if you want to arrange a customized presentation on any or all things ATM-related, contact Joe at joseph.rosenbaum@rimonlaw.com.

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Social Media & the Party of We: The Empire Strikes Back

Last week, Legal Bytes posted reference to an opinion piece written by my Rimon partner and colleague, Douglas J. Wood, describing the creation of the ‘party of We’ as a byproduct of social media and its enabling technology (See Social Media Revolution – The Party of We). Not one to rest on his laurels, Doug has followed it up with a new article, published last Friday on Law.com, entitled, Let My People Go … Online! The Party of We and People Power. Change is in the air, and these insights should not be missed.

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Social Media Revolution – The Party of We

Think social media is a fad? Think Common Sense or the Federalist Papers were just articles and bits of information? Wonder if broadcast television and radio – access to information – contributed to the demise of the Berlin Wall (that, and of course, Pink Floyd)? Well hearken ye well, citizens of the planet. Check out the editorial by my Rimon partner and colleague, Douglas J. Wood, entitled, WikiLeaks Lessons: The Party of We — Already in Control (subscription required) and buckle up. The revolution has just begun.

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Bots, Gaming and Copyright Law – International Law Office

Brad Newberg, in Rimon’s Virginia office, has authored a brief, insightful analysis of the copyright implications arising from the use of “bots” in gaming. Published in Legal Bytes initially, it has now (January 20, 2011) been published by the Media & Entertainment – USA newsletter of the International Law Office (ILO), written exclusively by Rimon lawyers and edited by Joe Rosenbaum, with the support of ILO.

This is a timely and important note, and you can read it either by using the link Bots in Game Play Questionable Under Copyright Law, or by downloading a personal copy for reading any time here: Copyright – Bots and Game (PDF). Of course, if you have questions or need help or more information, feel fee to contact Brad Newberg directly.

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Digital Media – Recent IP Developments and More

On Thursday, February 10, 2011, Rimon’s own Emily Kirsch and Brad Newberg will be presenting a seminar entitled: Practical Implications of Recent Developments in Digital Media. The seminar will provide practical, real-world guidance to content owners and users, ISPs – actually, any enterprise with a website and content (that’s all of you, right?), speaking about the rapidly developing law of rights, responsibilities and liabilities arising from activity on the Internet:

  • Recent developments in safe harbor under the Digital Millennium Copyright Act
  • Copyright fair use and the Internet
  • Keyword search advertising
  • Morphing of trademark uses – what’s fair and what’s not – from metatags to invisible text

This CLE/CPD-eligible course (2.0 credits; Practice Skills and Knowledge) is available for attorneys (experienced and transitional) admitted in New York, New Jersey, Pennsylvania, California and Illinois, as well as in the UK. Those of you licensed in Delaware and Virginia, we can apply for you if needed – let us know. This course will only be presented LIVE in our New York office at 4 p.m., February 10; and since it will not be broadcast in either audio or video, you will need to be present to attend and get credit. 

Of course, a reception for the attendees will follow the course. How good is that – wisdom, credit and munchies! So if you are a client of the firm (or are willing to become one) and you want to register, don’t call me. Contact Anna Farhadian by email at afarhadian@rimonlaw.com or by telephone at +1 212 702 1399. 

If you would prefer to register directly, just select this REGISTER link to be taken to the registration page. See you there!

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Mobile Marketing & Privacy – Gnus from DataGuidance

In connection with an announcement by the Mobile Marketing Association, Joe Rosenbaum was interviewed by London-based, Rita Di Antonio, Journalist and Editor of DataGuidance (and Managing Editor of Data Protection Law & Policy), a publication of Cecile Park Publishing Ltd. You can read the article online “MMA to discuss ‘comprehensive mobile privacy guidelines’ during January forum”, or download your own copy in PDF Format.