Chrissie Scelsi of PunkLawyer.com shares her opinion with items that bloggers should be paying attention to. Presented at the 2015 FLBlogCon.com

1. FLBlogCon
September 26, 2015

2.  This presentation is not intended to be legal
advice, and is for informational purposes
only. The following slides are not intended
to be a substitute for the advice of an
attorney licensed in your jurisdiction.
 This presentation is not intended to be legal
advice, and is for informational purposes
only. The following slides are not intended
to be a substitute for the advice of an
attorney licensed in your jurisdiction.

3.  Websites targeted at
kids, or
 Collecting personal
data from youth under
13
 Changes to definition
of personal data
 Websites targeted at
kids, or
 Collecting personal
data from youth under
13
 Changes to definition
of personal data
3

4.  2013 Amendments to Rules: Personal information
now includes:
 Online contact information
 Screen or user name that functions as online
contact information
 Persistent identifier (e.g. customer number in
cookies, IP address, device identifier)
 Geolocation information
 Photograph, video or audio containing child’s
image or voice
 Information concerning child or parents
combined with an identifier
 2013 Amendments to Rules: Personal information
now includes:
 Online contact information
 Screen or user name that functions as online
contact information
 Persistent identifier (e.g. customer number in
cookies, IP address, device identifier)
 Geolocation information
 Photograph, video or audio containing child’s
image or voice
 Information concerning child or parents
combined with an identifier
4

5.  Yelp
 Takeaway: Have COPPA mechanism on full sites
as well as apps
 TinyCo
 Takeaway: If targeting kids, have to have COPPA
mechanism in place
 BabyBus
 Takeaway: Check on privacy practices of third
party plugins, code, as well as your own
 Yelp
 Takeaway: Have COPPA mechanism on full sites
as well as apps
 TinyCo
 Takeaway: If targeting kids, have to have COPPA
mechanism in place
 BabyBus
 Takeaway: Check on privacy practices of third
party plugins, code, as well as your own

6.  California Online Privacy
Protection Act
 Requires all commercial
operators of websites or
online services
conspicuously post privacy
policies to inform
consumers about
 Categories of PII being
collected and
 With which 3rd parties the
PII will be shared
 Takeaway: Commercial
sites MUST have privacy
policies conspicuously
posted
 California Online Privacy
Protection Act
 Requires all commercial
operators of websites or
online services
conspicuously post privacy
policies to inform
consumers about
 Categories of PII being
collected and
 With which 3rd parties the
PII will be shared
 Takeaway: Commercial
sites MUST have privacy
policies conspicuously
posted
6

7.  Delta Airlines subject of CA
enforcement for not having
privacy policy on app
 Best practice: Make sure apps
include compliant privacy
policies
 New Requirements in 2015
 Delete button for minors
 Notify minors of delete button
 Can’t market certain
categories of goods to minors
 Delta Airlines subject of CA
enforcement for not having
privacy policy on app
 Best practice: Make sure apps
include compliant privacy
policies
 New Requirements in 2015
 Delete button for minors
 Notify minors of delete button
 Can’t market certain
categories of goods to minors
7

8.  FTC Endorsement Guidelines
 Regulate truth in advertising
 Require disclosure of relationships between
companies and reviewers, including bloggers!
 Advertising deemed deceptive if it misleads “a
significant minority of consumers”
 When in doubt, disclose if you have received
merchandise, travel, etc from company you are
blogging about
 FTC Endorsement Guidelines
 Regulate truth in advertising
 Require disclosure of relationships between
companies and reviewers, including bloggers!
 Advertising deemed deceptive if it misleads “a
significant minority of consumers”
 When in doubt, disclose if you have received
merchandise, travel, etc from company you are
blogging about

9.  Machinima
 Influencers did not
disclose being paid
to produce, upload
endorsement videos
 Cease conduct
 Must ensure
influencers clearly
disclose when they
have been
compensated for
endorsements
 Machinima
 Influencers did not
disclose being paid
to produce, upload
endorsement videos
 Cease conduct
 Must ensure
influencers clearly
disclose when they
have been
compensated for
endorsements

10.  Matter of state, federal, and platform
contract law
 Sweepstakes: random drawings for a prize
 Contest: tests of skill
 Chance
 A prize
 Lottery:
 Chance
 A prize
 Consideration
 Matter of state, federal, and platform
contract law
 Sweepstakes: random drawings for a prize
 Contest: tests of skill
 Chance
 A prize
 Lottery:
 Chance
 A prize
 Consideration

11.  Florida & NY law: Prizes over $5,000 must be
bonded and registered with the state
 Unless have been operating in state for less than
5 years without incident
 Prizes and swag received may be taxable
 Anything received must be reported as income
 Have to pay self-employment tax once income is
above $400
 Florida & NY law: Prizes over $5,000 must be
bonded and registered with the state
 Unless have been operating in state for less than
5 years without incident
 Prizes and swag received may be taxable
 Anything received must be reported as income
 Have to pay self-employment tax once income is
above $400

12.  Must be clear, and include the following:
 No purchase necessary
 Details of how to enter
 Limits on number of times a person can enter
 Closing date and time of the sweepstakes
 Winner selection and notification procedures
 Prizes offered and their retail value, as well as
any conditions
 Must be clear, and include the following:
 No purchase necessary
 Details of how to enter
 Limits on number of times a person can enter
 Closing date and time of the sweepstakes
 Winner selection and notification procedures
 Prizes offered and their retail value, as well as
any conditions

13.  If collecting materials, have to state how
those materials will be used & if returned
 May be necessary to limit photos to images of
people over the age of 18
 Also state that submission of inappropriate
materials will result in disqualification
 Voting vs. judging to determine winner
 If collecting materials, have to state how
those materials will be used & if returned
 May be necessary to limit photos to images of
people over the age of 18
 Also state that submission of inappropriate
materials will result in disqualification
 Voting vs. judging to determine winner

14.  You are responsible for lawful operation of
that promotion
 Must include
 Official rules
 Offer terms and eligibility requirements (age and
residency restrictions); and
 Compliance with applicable rules and regulations
governing the promotion and all prizes offered
 Pages promoting or facilitating online
gambling, games of skill or lotteries are only
allowed in some countries & only w/ FB
approval
 You are responsible for lawful operation of
that promotion
 Must include
 Official rules
 Offer terms and eligibility requirements (age and
residency restrictions); and
 Compliance with applicable rules and regulations
governing the promotion and all prizes offered
 Pages promoting or facilitating online
gambling, games of skill or lotteries are only
allowed in some countries & only w/ FB
approval

15.  Types of Contracts
 Sponsored Blogging
 Guest Blogging
 Types of Contracts
 Sponsored Blogging
 Guest Blogging

16.  Parties?
 Effective date?
 Timeline?
 Content?
 Platforms?
 Frequency?
 Compensation?
 Parties?
 Effective date?
 Timeline?
 Content?
 Platforms?
 Frequency?
 Compensation?

17.  Copyright
 Easy to invoke- vests once fixed in a tangible
medium
 Applies to works like song lyrics, photographs,
music, articles, poems, artwork
 Long term of protection
 Life of author + 70 years for single author
 Can be serious penalties
 Financial, as well as criminal
 Public part of Facebook ≠ Public Domain!
 Copyright
 Easy to invoke- vests once fixed in a tangible
medium
 Applies to works like song lyrics, photographs,
music, articles, poems, artwork
 Long term of protection
 Life of author + 70 years for single author
 Can be serious penalties
 Financial, as well as criminal
 Public part of Facebook ≠ Public Domain!

18.  Defenses
 Remember, fair use is a defense!
 News reporting
 Commentary
 Is the license suitable?
 License=Permission
 Does it allow commercial use?
 Be careful with Creative Commons
 Terms of use for platform
 Make sure use works with policies of platform
 Defenses
 Remember, fair use is a defense!
 News reporting
 Commentary
 Is the license suitable?
 License=Permission
 Does it allow commercial use?
 Be careful with Creative Commons
 Terms of use for platform
 Make sure use works with policies of platform

19.  Particular social
media handles?
 Indemnification?
 Representations and
warranties?
 Terms of
service/restrictions?
 Payment?
 Cancellation?
 Placement?
 Particular social
media handles?
 Indemnification?
 Representations and
warranties?
 Terms of
service/restrictions?
 Payment?
 Cancellation?
 Placement?

20.  Contact info:
 Twitter
 @punklawyer
 @ChrissieScelsi
 Contact info:
 Twitter
 @punklawyer
 @ChrissieScelsi