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Get Ready to Comply with the FTC’s Updated Children’s Online Privacy Protection (COPPA) Rule



Tuesday, April 16, 2013
Product Code - LGN130
Speaker(s): Melissa J. Krasnow, Dorsey & Whitney LLP; Wayne J. Keeley, Children’s Advertising Review Unit; Jamie N. Nafziger, Dorsey & Whitney LLP
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In December 2012, the Federal Trade Commission (FTC) issued substantial changes to the COPPA Rule which expand the basis for COPPA enforcement by the FTC and state attorneys general. These changes include (i) making additional companies subject to the updated COPPA Rule; (ii) expanding the types of personal information covered by the updated COPPA Rule; and (iii) increasing the liability of companies regarding information flowing to third parties through their websites.

With a compliance deadline of July 1, 2013, it’s time to focus on complying with the updated COPPA Rule. In this program, the speakers will provide real-world examples about how personal information is shared with plug-ins, analytics services and advertising networks to help participants understand how their websites and mobile applications might be impacted by the updated COPPA Rule.

Educational Objectives:

• Learn how to assess whether the updated COPPA Rule applies to you and your organization.
• Understand the actions necessary to comply, including reviewing websites, mobile applications and privacy policies.
• Find out about specific changes to the updated COPPA Rule, including (i) the definitions; (ii) parental notice; (iii) parental consent methods; (iv) confidentiality and security requirements; and (v) data retention requirements.
• Gain an understanding of how the updated COPPA Rule affects the safe harbor industry, including the Children's Advertising Review Unit (CARU).
• Learn about real-world issues that companies are facing due to the updated COPPA Rule.

Who would benefit most from attending the program?
Practitioners involved with the privacy and security of data; in-house counsel; website managers; e-commerce advisors; and anyone who is concerned about the privacy of their children while online.

Program Level: Intermediate.

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Melissa J. Krasnow, Dorsey & Whitney LLP; Wayne J. Keeley, Children’s Advertising Review Unit; Jamie N. Nafziger, Dorsey & Whitney LLP

Melissa J. Krasnow, Dorsey & Whitney LLP
Melissa Krasnow is a corporate partner whose practice encompasses privacy, electronic and mobile commerce, social media, internet, securities and corporate governance and compliance law as well as domestic and cross-border mergers and acquisitions. She is a Certified Information Privacy Professional/US (CIPP/US) and serves on the Certification Advisory Board for the CIPP/US program as well as the Canadian Advisory Board of the International Association of Privacy Professionals.

Ms. Krasnow is an expert commentator for the International Risk Management Institute on privacy and cyber risk and insurance at IRMI.com. She advises clients on navigating and complying with state, federal and international privacy, advertising and marketing (for example, Children’s Online Privacy Protection Act and Rule and CAN-SPAM Act), securities and corporate governance and anti-money laundering and payment and gift card laws and guidance (for example, FTC endorsement and testimonial guides and FTC and state attorney general mobile privacy guidance) and industry laws (for example, Gramm-Leach-Bliley Act) and standards (for example, PCI DSS).

Ms. Krasnow counsels clients on corporate, privacy, regulatory and industry compliance and on risk assessment. She reviews and prepares privacy, mobile, text message, social media, corporate and technology policies (for example, website and mobile application privacy policies and terms and information security plans) and agreements (for example, cloud computing). Ms. Krasnow also counsels clients on both nationwide (for example, state privacy laws and the federal HIPAA/HITECH Act) and global data breaches, including investigations and notifications to domestic and foreign regulators and individuals and reviews cyber liability insurance policies and SEC disclosure. She advises on the transfer of information in mergers and acquisitions, conducts privacy due diligence and prepares privacy provisions in agreements and disclosure schedules.

Ms. Krasnow earned a J.D. from Northwestern University School of Law and an A.B. in Chinese Studies and Political Science from Wellesley College.

Wayne J. Keeley, Children’s Advertising Review Unit
Wayne Keeley is the Director of CARU and a Vice President of the Council of Better Business Bureaus. He joined CARU from the National Advertising Division (NAD) of the Council of Better Business Bureaus, where he served as the Assistant Director for Development. During his tenure at NAD, Mr. Keeley authored more than 100 decisions. Before joining NAD in 2000, he served as general counsel for two independent video and film-production studios.

Mr. Keeley is an award-winning producer of public service announcements (PSAs) aimed at young people, addressing such issues as self-esteem, child safety and drug use. He most recently produced a PSA on Duchenne muscular dystrophy for the Parent Project Muscular Dystrophy organization.

Mr. Keeley is a graduate of St. John’s School of Law, Jamaica, New York; New York University; and Fordham College.

Jamie N. Nafziger, Dorsey & Whitney LLP
Jamie Nafziger is a partner in the Trademark, Copyright, Advertising, and Brand Management practice group for the Minneapolis office of Dorsey and co-chairs the firm’s Privacy and Social Media practice group. She has fifteen years of experience in trademark, advertising, and cutting-edge, internet-related legal work.

Regarding COPPA, Ms. Nafziger has counseled clients with child-directed websites and advised on how to obtain verified parental consent. In addition, she has extensive experience negotiating and drafting licensing agreements, website terms of use, mobile app terms of use, and other online policies. She counsels clients on protecting their marks on social networking sites, removing infringements from social networks, and minimizing their risks in connection with user-generated content. She also helps clients comply with online advertising laws and regulations.

Ms. Nafziger earned a J.D. from the University of California, Berkeley School of Law (Boalt Hall) and an undergraduate degree from Stanford University. She is a frequent author and national lecturer on trademark law, internet law, online advertising, social networking, keyword advertising and domain names.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York, California, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, Pennsylvania and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.