By TODD SPANGLER
YouTube has advised creators to consult with a lawyer if they have questions about COPPA compliance. However, even attorneys who have worked in the area for years say it’s not a clear-cut process. “I’m relatively experienced, but it’s still a judgment call — it’s highly subjective and could go either way,” says Michelle Cohen, a partner at Ifrah Law who chairs the firm’s data privacy and cybersecurity practice. In terms of designating whether videos are for under-13 kids or not, she says, “I would definitely keep records, to make a paper trail to say things like ‘My videos use vocabulary at a higher level’ or ‘They don’t use music for young kids.’”
