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June 3rd, 2010
Children’s Online Privacy Protection Act Update
On June 2, 2010, the Federal Trade Commission ("FTC") hosted a public roundtable in Washington, D.C. regarding the Children’s Online Privacy Protection Act ("COPPA"). Jeffrey A. Greenbaum, a partner in our Advertising Group, participated in the roundtable.
COPPA governs the online collection of personally identifiable information from children under age 13. The roundtable explored whether COPPA is effective, and whether changes are needed to COPPA or to the Children’s Online Privacy Protection Rule (the "COPPA Rule"), which implements COPPA. COPPA was enacted in 2000, and was reviewed by the FTC in 2005. The FTC ordered this additional review given the rapidly evolving manner in which children are using the Internet. As David Vladeck, Director of the Bureau of Consumer Protection, noted in his opening remarks at the roundtable, "Our Rule review is all about how well this statute has stood the test of time in light of all these head-spinning technological changes."
The roundtable discussion focused on a few key areas:
- How well the original definitions of "Internet," "Website," and "Online Service" in COPPA and the COPPA Rule apply to new devices and technologies;
- Whether the "actual knowledge" standard for websites not directed to children is striking the best balance between corporate responsibility and protecting children’s interests;
- Whether COPPA’s definition of "personal information" should be updated to reflect the types of information online providers can now gather;
- Whether changes should be made to COPPA’s parental verification procedures to better reflect actual parental consent; and
- Whether COPPA’s exceptions to when parental consent is required are being abused or are allowing for sufficient marketplace flexibility.
The public comment period ends on June 30, 2010. At the roundtable, FTC staff expressed particular interest in receiving comments on issues raised during the roundtable, including about issues such as whether text messaging is covered under COPPA and if the enumerated list of parental verification methods should be changed.
If you have any questions about COPPA, or other privacy matters, please contact Jeffrey A. Greenbaum at jgreenbaum@fkks.com or any member of the Frankfurt Kurnit Advertising Group.
Disclaimer. This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
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