How to Comply with California’s New Minor “Eraser Button” Privacy Law

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On January 1, 2015, California's minor "eraser button" law will go into effect. The law (California S.B. 568) will require the operator of a website, online service or application, or mobile application directed to minors under 18 - or an operator that has actual knowledge that a minor is using its service or application - to permit a minor who is a registered user of the service to remove or, at the operator's discretion, request and obtain removal, of content or information posted on the service or application by the user. The law also requires the operators to notify registered users who are minors that such removal is possible and provide clear instructions for how to accomplish it.

Although the California legislature passed the law more than a year ago, many website and online service operators are still unsure about how to comply with the law. What forms of content and information are covered? Who qualifies as a "registered user?" What are best practices for notifying minors of their rights? How quickly must companies process and comply with these requests? This program is intended to provide guidance and clarity as companies develop compliance strategies.

Educational Objectives:
• Learn best practices for complying with "eraser button" requests.
• Understand what exemptions apply to the "eraser button" law.
• Find out about best practices for providing the required notices.
• Discover what forms of data are covered under the law.

Who would benefit most from attending this program?
Attorneys and in-house counsel advising companies that operate online services directed toward minors or that have actual knowledge that minors use their services.



Drew Liebert has been the Chief Counsel to the Assembly Judiciary Committee in the California Legislature for more than 15 years, where he and his attorney staff review and advise state legislators about virtually all areas of California's civil justice system. He is one of the legislature's most senior staff and is a frequent lecturer across the state on the legislature's inner workings. Mr. Liebert is a frequent guest lecturer at the Panetta Institute, where he teaches law students and undergraduates about the legislative process and the intersection of law, politics and leadership. Prior to his work in the legislature, Mr. Liebert was in private practice. In his role as Chief Counsel to the Assembly Judiciary Committee, Mr. Liebert works in the fulcrum of many of the most important pieces of legislation debated and enacted by California policy-makers.

Mr. Liebert earned a J.D. and a B.A. from the University of California, Berkeley.


Kurt Wimmer is the U.S. chair of the firm’s Privacy and Data Security practice and a partner concentrating in privacy and technology law. He advises national and multinational companies on privacy, data security, and digital technology issues. Mr. Wimmer is also chair of the Privacy and Information Security Committee of the American Bar Association’s Antitrust Section. He represents clients on privacy and public policy matters before the FTC, the FCC, Congress, the European Commission and state attorneys general, as well as in strategic advice, privacy assessments and policies, and international privacy matters. From 2000 until 2003, Mr. Wimmer focused on EU data protection law in Covington’s London office, where he was managing partner. From 2006 until 2009, he was general counsel of Gannett Co., Inc.

Mr. Wimmer earned a J.D. from Syracuse University College of Law, and M.A. from Syracuse University, Newhouse School of Public Communications, and a B.J. from the Missouri School of Journalism. He is admitted to practice in the District of Columbia.


Jeff Kossef is a privacy and communications associate in the Washington, D.C. office of Covington & Burling, where he advises clients on a wide range of privacy issues. He clerked for Judge Milan D. Smith, Jr. of the U.S. Court of Appeals for the Ninth Circuit and Judge Leonie M. Brinkema of the U.S. District Court for the Eastern District of Virginia. Mr. Kosseff is an adjunct professor of communications law at American University, and serves on the board of directors of The Writer’s Center. Mr. Kosseff previously was a technology and political journalist for The Oregonian and a finalist for the Pulitzer Prize and recipient of the George Polk Award for national reporting.

Mr. Kosseff earned a J.D., magna cum laude, from the Georgetown University Law Center, where he served as Executive Articles Editor for the Georgetown Law Journal, an M.P.P. from the University of Michigan, and a B.A. from the University of Michigan. He is admitted to practice in the District of Columbia, New Jersey, and Virginia.


Lindsay Tonsager represents clients in policy and adjudicatory proceedings before the U.S. Congress, Federal Trade Commission, Federal Communications Commission, and Copyright Royalty Board. In addition to assisting clients engage strategically with regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions. Ms. Tonsager advises clients on a broad range of regulatory issues, including the laws governing the collection of personal information from children online, behavioral advertising, e-mail marketing, telecommunications and new technologies. Ms. Tonsager also represents clients in a variety of commercial transactions, such as negotiating agreements with third-party service providers and mobile app developers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies - including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design policies.

Ms. Tonsager earned a J.D., magna cum laude, from the University of Minnesota Law School, where she served as Lead Note & Comment Editor for the University of Minnesota Law Review, and a B.A., magna cum laude, from the University of Pennsylvania. She is admitted to practice in the District of Columbia and Maryland.