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August 10th, 2012
FTC Seeks Public Comments on Revisions to COPPA
As part of the Federal Trade Commission's ("FTC") efforts to update the "Children's Online Privacy Protection Rule" ("COPPA"), the FTC has proposed to further modify the rule to clarify its scope and strengthen its protections for children’s personal information. These proposed revisions follow comments previously received by the FTC back in 2011. Specifically, the FTC is proposing the following additional changes to the rule:
- clarify that an "operator" of a child-directed site or service that chooses to integrate the services of others that collect personal information from its visitors should itself be considered a covered "operator" under COPPA;
- clarify the definition of "Personal information" to make clear that a screen or user name will be considered personal information only in those instances in which it rises to the level of online contact information and permits direct contact with a person online, functioning much like an email address or an instant messaging identifier;
- clarify that activities such as site maintenance and analysis, performing network communications, use of persistent identifiers for authenticating users, maintaining user preferences, serving contextual advertisements, and protecting against fraud and theft will not be considered collection of “personal information” as long as the information collected is not used or disclosed to contact a specific individual, including through the use of behaviorally targeted advertising, or for any other purpose;
- expand the definition of "website or online service directed to children" to clarify that a plug-in or ad network is covered by COPPA when it knows or has reason to know that it is collecting personal information through a child-directed website or online service; and
- address mixed audience websites and allow such sites to age-screen all visitors in order to provide COPPA's protections only to users under age 13. However, child-directed sites or services that knowingly target children under 13 as their primary audience or whose overall content is likely to attract children under age 13 as their primary audience must still treat all users as children.
Written comments regarding the proposed revisions must be submitted by September 10, 2012. Written comments may be sent to: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex E), 600 Pennsylvania Avenue, NW, Washington, DC 20580.
If you have any questions about the proposed COPPA changes, or other Advertising Law matters, please contact Terri Seligman at (212) 826 5580 or firstname.lastname@example.org, Jeffrey A. Greenbaum at (212) 826 5525 or email@example.com, or any other member of the Frankfurt Kurnit Advertising Group.
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Recent developments demonstrate the FTC's continued interest in social media endorsements.
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FTC Announces Reforms to Its Investigative Process
Recently, the FTC announced a set of internal reforms intended to improve the process by which the Commission investigates unfair, deceptive and fraudulent business practices. The reforms relate to the Civil Investigative Demands ("CID") that the FTC's Bureau of Consumer Protection issues to request information from investigation targets.
September 7 2017
End of an Era at NAD?
Last week Frankfurt Kurnit's Advertising Group proudly hosted "A Twenty-Year NAD Retrospective: The Levine Legacy," an ABA program honoring Andrea Levine, on the occasion of her retirement as Director of NAD. With NAD transitioning to new (as yet unnamed) leadership, we thought it would be a good time to review some of the best practices that guide NAD practitioners every day.
July 10 2017