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 …
When does my game fall within the scope of COPPA? Read More »
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 …
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 …
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 …
What are reasonable data security procedures under the NY SHIELD Act? Read More »
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 …
What New York’s New Data Breach Notification Law Means for Interactive Media Companies Read More »
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 …
Microtransactions can be a great source of revenue for developers producing games for children. It’s not often that a child is packing a wallet full of cash to spend on games upfront, so creating free-to-play games with microtransactions as the main source of revenue is one path a game maker can take to recoup the …
The Dangers of Targeting Microtransactions to Minors Read More »
With the rise of streamers on Twitch and mega celebrities endorsing games, many video game companies are considering hiring influencers. An influencer, defined as a person who has a significant following related to a certain topic, can be a great source of publicity and exposure for a video game. For example, Apex Legends received a …
How do I keep my influencer (and my company) out of trouble with the FTC? Read More »
As discussed in my previous blog post, one of a company’s most valuable (but often overlooked) assets are its social media assets. Yet social media assets rarely receive more than a cursory treatment during a merger or acquisition. Giving social media assets merely superficial review can end up costing the buyer in third-party liabilities. If …
More risks related to social media assets during a merger or acquisition Read More »
In parts 1-4 of this First Amendment series, I gave an introduction, provided the basics of the First Amendment and talked about what First Amendment protection means along with what speech is protected. In this post, I will give a bit of context for how those standards are applied to video games, specifically. Brown v. EMA Until …
The First Amendment and Video Games – Part 5: Brown v. EMA Read More »