Welcome | View My Profile | Sign Out
MediaPost Home About MediaPost Privacy/Terms Media Kit Sitemap
Publications Home News
Online Media Daily Media Daily News Marketing Daily Mobile Marketing Daily Search Marketing Daily
Daily Feed> Email Daily Feed> Video Daily Feed> Social
Online Blogs
Online Spin Email Insider Search Insider Behavioral Insider Online Publishing Insider Mobile Insider Video Insider Gaming Insider Performance Insider Metrics Insider Social Media Insider Just An Online Minute Daily Online Examiner Raw Blog
Media Blogs
Research Brief Diane Mermigas:On Media TV Watch TV Board Magazine Rack Media Creativity Notes From the Digital Frontier Digital Outsider Mad Blog Red White and Blog
Marketing Blogs
Engage:Hispanics Engage:Kids 6-11 Engage:Moms Engage:Boomers Engage:Gen Y Engage:Teens Marketing:Green Marketing:Sports
Magazines
OMMA Magazine Media Magazine
Subscribe
Feedback Loop RSS Feeds Archives Subscribe
Feb 24 OMMA Metrics Measurement (NYC) Feb 25 OMMA Behavioral (NYC) Mar 17 OMMA Global (San Francisco) Apr 14 Search Insider Summit (FL) Apr 18 Email Insider Summit (FL) Apr 27 Outfront Conference (NYC) May 12 OMMA Mobile (NYC) May 13 Digital Out-of-Home Awards (NYC) Jun 15 OMMA Video Jun 16 OMMA Publish (NYC) Jun 17 OMMA Social (NYC)
Recently Concluded Events
Jan 26 OMMA Social (San Francisco) Jan 25 OMMA Performance (SF) Jan 12 MEDIA Agency of the Year 2009 (NYC) Jan 11 OMMA Agency of the Year 2009 (NYC) Dec 6 Email Insider Summit (Utah) Dec 2 Search Insider Summit (Utah) Nov 3 OMMA Adnets (NYC) Oct 30 OMMA Video (LA) Oct 29 OMMA Mobile (LA) Oct 29 OMMA Mobile & Video (LA)
All MediaPost/OMMA Events Event Blogging Past Event Videos
Industry Events Calendar
2010 Digital Out-of-Home Awards
2010 MEDIA Agency of the Year 2009 2010 OMMA Agency of the Year 2009 2009 Creative Media Awards 2009 OMMA Awards 2009 Digital Out-of-Home Awards 2009 Media Agency of the Year
All Awards
Employment Situations Wanted Services Offered Post a Job
Briefs Reports Online
MediaPost Directories
Mobile Insiders Group
People Finder Edit My Profile View My Profile My Contacts My Calendar
HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
Maine AG Says New Marketing Law Raises Concerns
by Wendy Davis, Sunday, August 30, 2009, 4:09 PM

SHARE

TOOLS

RELATED ARTICLES
TAGS:  Marketing, Legal

MOST READ

A new Maine law restricting marketing to minors is so problematic that Attorney General Janet Mills will not enforce the measure, her office said Friday.

"The Attorney General's position is that she's not enforcing the law," Maine Deputy Attorney General Paul Stern said Friday.

Stern added that the authorities take the position that the measure could violate teens' free speech rights -- an argument raised last week by groups who mounted a court challenge to the statute. "We share some of the plaintiffs' concerns about the law," Stern said.

The law, slated to take effect Sept. 12, would bar companies from collecting personal information or health-related information from minors under 18 without their parents' consent. The measure also bans companies from selling or transferring health information about minors that identifies them, regardless of how the data was collected.

A coalition of media organizations and Web companies including AOL, Yahoo and eBay challenged the measure in court on Wednesday. Among other arguments, they contend that the law would violate their First Amendment right to publish newsworthy information about teens, as well as restricting teens' right to receive information. The Web companies also say the measure would require them to block teens from their sites.

The challenges are seeking an injunction against the measure, which would allow private parties to sue for $250 damages per violation. The opponents say that because the law puts them at risk of civil lawsuits, the statute should be enjoined regardless of whether the Attorney General intends to enforce it.

Opponents to the law include the Maine Independent Colleges Association, Maine Press Association, Reed Elsevier and NetChoice -- a coalition of companies like AOL, eBay, Yahoo, IAC, News Corp. and Overstock.com.

For all the challenges the law now faces, the measure sailed through the Maine legislature earlier this year without opposition -- apparently because groups lost sight of the bill.

Mike Lange, executive director of the Maine Press Association, said in an email to Online Media Daily that Maine lawmakers considered more than 2,000 bills in its most recent session and that many committee hearings on measures affecting media were held simultaneously. "With only a part-time executive director (me) and our board of directors all employed full-time, it is virtually impossible for us to keep track of every bill that goes through the process."

8 people recommend this article. 



AUTHORS

ARCHIVES

Recent Online Media Daily Articles
Cable Company Sued For Working With NebuAd    
Alabama resident Samuel Green has filed a second lawsuit against the Washington Post Company's Cable One...
Google Buzz Rolls Out Sharing Features To Gmail And Mobile Platforms   
Google made another bid Tuesday to master social media. The Mountain View, Calif., company will turn...
Ecommerce Spending Declined For The First Year Ever In 2009   
Thanks to the ongoing recession, 2009 will go down as the first negative growth year in...
Duly Noted: Morningstar Acquires Finance Blog Footnoted   
Independent investment researcher Morningstar on Tuesday announced the acquisition of financial blog Footnoted. The acquisition includes...
Offerpal Adds New Way To Earn Virtual Currency   
Online offers network Offerpal Media is putting users to work to earn virtual currency for...
DBG Boosts Analytics With Datran Media's Aperture    
Video network Digital Broadcasting Group has integrated Datran Media's Aperture digital audience measurement technology across its...
Facebook Dumps Microsoft Display, But Bing Is In   
Following a renegotiation of an existing ad placement partnership, Facebook will no longer run Microsoft display...
Armchair CDs Speak Out On Super Bowl Spots   
Twitter and social media have become the water coolers, spitting out data on ads during Super...
Social Media Platform Aims To Separate Signals From The Noise   
Networked Insights plans to announce this week several features in its SocialSense platform that should give...
Constant Contact Looks To Radio For New Email Marketing Clients, Boosts Rev 50%   
In a year when many marketing firms struggled, Constant Contact saw a nearly 50% revenue increase...
>> Online Media Daily Archives 
ABOUT MEDIAPOST • MASTHEAD • MEDIA KIT • RSS FEEDS • PRIVACY/TERMS & CONDITIONS
©2010 MediaPost Communications. All rights reserved.
1140 Broadway, 4th Floor, New York, NY 10001
tel. 212-204-2000, fax 212-204-2038, feedback@mediapost.com