How Safe is YouNow? An Empirical Study on Possible Law Infringements in Germany and the United States Axel Honka and Jan-Niklas Tolles Heinrich-Heine University

How Safe is YouNow?

An Empirical Study on Possible Law Infringements in Germany and the United States

Axel Honka and Jan-Niklas TollesHeinrich-Heine University Düsseldorf, Germany

HHU

Research Topic

Social Networking Services (SNSs) bring a lot of benefits

they also created an uncertain legal situation

Investigation of YouNow regarding law infringements

Focus: Teenagers and children

Legal situation in Germany vs. the US?

How Safe is YouNow?2

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1What is YouNow?


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What is YouNow?

Real time live streaming platform

Accessible via browser and app for mobile phone or tablet

Watching other users’ streams is possible without an account

Streaming own videos requires registration

Login via Facebook, Twitter or Google+ account


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What is YouNow?


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What is YouNow?


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2Legal bases


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Legal bases – Copyright

Author has to be compensated

Includes broadcasting through multimedia streams

Exemption possible (if broadcasting incidental)

Assessment of every individual case would be necessary


Germany

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Any case of broadcasting protected material is a potential copyright infringement

Also includes underage broadcasters (parents can be held responsible)

GEMA represents authors and exercises their copyrights

GEMA (or other copyright holders) may initiate a civil or criminal pursuit


Germany

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Legal situation is partially different

The author’s rights are protected by U.S. Copyright Act

Doctrine of “fair use”:

in cases of criticism, teaching, news reporting or commenting: No copyright infringement

US Law protects multimedia content in general

Also applies for showing protected video material


United States

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Legal bases – Own picture/word

Distribution of pictures taken of other persons without their permission is prohibited

Protection of the spoken word

Distribution of recorded voice, if not spoken in public

Protection of one’s own picture

Distribution of picture or videos of third parties without permission

Holds also for showing such content during a live streaming session


Germany

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A special protection of one’s images does not exist in the USA

Prevention of publication possible Plaintiff must prove that the publication violates

his right of privacy

Only in case of unauthorized photographing or for commercial purposes


United States

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Making audio or video recordings of oral speech without permission is prohibited

Could also hold for recordings made of other persons during a YouNow session

Regulated by federal law, with different manifestations on state-level basis


United States

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Legal bases – Youth protection

Consumption of alcoholic beverages prohibited under

the age of 18 (spirits and other high-proof alcohol)

the age of 16 (beer and whine)

Smoking is not allowed under the age of 18

Protection from youth-endangering multimedia material

Through television, radio, Internet and other electronic media


Germany

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Legal bases – Youth protection

The minimum age for consuming alcoholic beverages in the USA is 21

The smoking age is not consistently regulated

varies from state to state between the age of 18 and 21

The consumption of cannabis has been legalized in certain states.

On federal level consumption is still illegal


United States

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Legal bases – Defamation

The act of insulting other people is prohibited

This includes Offensive utterances

Utterances containing value judgements towards third parties

Showing certain offensive gestures

Depends on whether or not there is an intent to offend another person

Each case should be assessed individually


Germany

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Legal bases – Defamation

On federal level: no criminal defamation or insult laws of any kind

On state level: 17 states and two territories have criminal defamation laws

Free utterance is not necessarily a defamation

The expression of one’s opinion (even if offensive) does not automatically lead to a lawsuit


United States

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Legal bases – Data Privacy

A natural person can collect and store data for private purposes (personal and household activities)

Distribution of private information during streaming is questionable

Problematic gap in legislation

General Data Protection Regulation

We include the distribution of personal data as a potential violation of data privacy


Germany

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Legal bases – Data Privacy

Combination of legislation, regulation and self-regulation

No absolute legislation that dictates handling data protection

Companies should develop their own policies for data privacy and ensure their compliance

YouNow’s conditions of use prohibit the disclosure of other users’ private information


United States

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3Our approach


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Our approach

Data acquisition based on observation of streamers on YouNow

Possibly the most accurate approach regarding offenses

Other approaches, e.g. surveys, are questionaible

Coverage: June 2015

Same amount of male and female/German and American streamers

Each of these groups have been observed for an entire week

Each day has been divided into four time slots Four streams per slot/ 15 minutes each


Methodology

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Our approach


Database structure

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4Results


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Results

How Safe is YouNow?

possible infringements:

~57% of observed streamers

~65% of all female streamers

~50% of all male streamers

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Results

~40% of all observed streamers were playing music

52% female/ 48% male

~3% had their TV turned on

How Safe is YouNow?

~6% of all streamers were

legally relevant Filming

Showing pictures

Calling third parties on speaker

Copyright Right in one‘s own picture and spoken/written word

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Results

Referred to under 18 years old streamers

7%: sexual content or drug use

Include: alcohol, smoking cigarettes/marijuana, hookah

How Safe is YouNow?

3% of all streamers

Streamers insulting viewers or the other way round

Youth Protection Defamation/Insulting

Data PrivacyL

ess than 1%

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Results

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USA vs. Germany

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5Conclusion


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Conclusion

Biggest issue: violation of copyright

Lacking child protection/ violations of personality rights

Are these violations substantial enough? Prosecution?

Concretization is necessary

Solution to protect children?

Improvement of information literacy

Better monitoring of the streams/ violations by platform operators?

Improved registration system Financial costs…

How Safe is YouNow?

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Thank you for your attention!

Documents

How Safe is YouNow? An Empirical Study on Possible Law Infringements in Germany and the United States Axel Honka and Jan-Niklas Tolles Heinrich-Heine University