Over the last few months, we’ve witnessed some major developments around SDKs and privacy. In February, the SDK defendants named in the consolidated McDonald/Rushing putative COPPA class action settled with plaintiffs. In late March, Zoom experienced a PR nightmare due, in part, to its inclusion of the Facebook SDK in its platform (discussed further in our Zoom blog). In mid-April, the Ninth Circuit reinstated a lawsuit against Facebook for alleged privacy violations in connection with its use of tracking technologies on third party websites. And this past Wednesday, the US District Court for New Mexico granted a motion to dismiss, the privacy claims against ad networks providing SDKs in child-directed apps.

In this blog, we’ll break down the New Mexico District Court order, and provide some observations from the decision. We are also using this blog as a springboard for a follow-up webinar that will discuss the state of affairs for SDKs and privacy. More to follow on the webinar soon.

  • Background on the New Mexico District Court Case


Continue Reading SDKs and COPPA: An Overview of the Recent Court Order in the New Mexico Attorney General COPPA Lawsuit

Earlier this month, three class action lawsuits were filed against companies for alleged violations of the Children’s Online Privacy Protection Act (“COPPA”). These lawsuits are raising eyebrows as COPPA does not provide for a private right of action, and a potential class certification could open the floodgates for COPPA-based lawsuits. Given these lawsuits and the recent enforcement actions brought by the FTC and the New York State Attorney General, companies more than ever need to understand their responsibilities and obligations under COPPA and maintain measures for compliance.
Continue Reading Class Action Lawsuits over Alleged COPPA Violations Reinforce Importance of Compliance

Last week, the Federal Trade Commission (“FTC”) released a new report, Six-Step Compliance Plan for Your Business, to help companies understand their obligations under the Children’s Online Privacy Protection Act (“COPPA”). In addition to reviewing longstanding COPPA requirements, the report provides important new guidance on how COPPA applies to the rapidly evolving world of connected toys, online games and the Internet of Things (“IoT”). Here’s what you need to know.
Continue Reading Children’s Privacy: FTC Issues New COPPA Guidance for IoT and Connected Devices

Caution: Spoilers Ahead

The plot of last Sunday’s episode of HBO’s fantastic and hilarious show, Silicon Valley, titled “Terms of Service,” was driven entirely by “COPPA,” a somewhat obscure (though probably not to our blog readers) privacy law that stands for the Children’s Online Privacy Protection Act.  As someone who frequently advises clients on COPPA-related issues, this was a really fun episode for me to watch.  So I thought I’d share some of my musings.

Protection concept: computer keyboard with Key icon and word Privacy, selected focus on enter button, 3d render


Continue Reading My Thoughts on HBO’s Recent “Silicon Valley” Episode, “Terms of Service”