Digital Media

Are giveaways on Twitch legal?

Giveaways that are run on Twitch are subject to the same laws as giveaways (which vary from state to state in the United States). We’ve talked about the differences between giveaways (aka sweepstakes) and contests before and what can define a giveaway. So, are giveaways on Twitch legal? It depends If all of the normal …

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What is one thing that most (if not all) digital creators need?

Here’s a hint – not having these is one of the biggest mistakes digital creators can make. We’re not talking about tons of followers or amazing brand deals or even the best equipment. While those things are certainly nice, if a creator doesn’t have the right agreements in place for their team (and by team, …

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When does my game fall within the scope of COPPA?

United States federal privacy regulations are different for kids under 13 and compliance is really tough. Provided the game is not primarily targeted or advertised at kids, and a game studio has no knowledge of kids using it, it’s usually a simpler plan to just exclude them where monetizing through ads or otherwise collecting personally …

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CDA Section 230 and the USMCA

The Big Tech-shielding principles of Section 230 of the Communications Decency Act (C.D.A.) have made their way into the U.S.-Mexico-Canada Agreement (USMCA), despite some opposition in Congress. Section 230 of the C.D.A. has been credited as the catalyst for creating America’s multibillion-dollar online industry and christened as “the law that built the internet.” Yet, despite …

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2020: The Year of the CCPA

As 2019 is coming to a close, businesses are bracing themselves for California’s Consumer Privacy Act (CCPA), which will take effect at the start of the new year.  The act’s passage in 2018, coupled with Europe’s GDPR, teed up a slew of legislation in state general assemblies aimed at protecting residents’ personal information.  As businesses …

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What are reasonable data security procedures under the NY SHIELD Act?

This March, companies who are in the business of collecting data from New York residents will be responsible for ensuring that data is protected by reasonable security procedures.  Last July, Governor Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (“the SHIELD Act” or “the Act”). The SHIELD act made three …

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What New York’s New Data Breach Notification Law Means for Interactive Media Companies

Last July, consumer-rights advocates rejoiced when the New York State Assembly passed the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act). Following a nationwide trend to strengthen online consumer protections, the SHIELD Act made three major changes to the state’s data breach notification law. These changes directly impact businesses that collect personal …

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What is DMCA anti-circumvention?

The primary goal of the Digital Millennium Copyright Act (DMCA) is to protect technology, devices, and/or services that are copyrighted. Anti-circumvention refers to laws that prohibit the circumvention of technological barriers for using a digital good and/or service in a way that the rights-holder doesn’t allow. The requirement for anti-circumvention laws came about with the …

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