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COPPA: Kids and Online
Privacy in the United States.
Every business has a website these days. And many of
those companies and commercial entities have sites with chatrooms, discussion
boards, instant messaging capability and forms or technology that collect
registration and other information from site visitors. Sometimes, they direct
parts of their sites at children, either to develop brand recognition or loyalty
or to reach the children’s market. Other times children visit their sites
without being targeted by the site.
COPPA (the "Children's Online Privacy Protection Act") took effect on April 21,
2000. It requires all commercial sites to take special measures when they
collect personal information from children. “Collection” includes letting
children use email accounts or post messages publicly through a chat room or
discussion board, as well as filling out forms. While the regulations are aimed
principally at the children’s Internet industry, they are fully effective
against general interest sites with actual knowledge that a child is using their
services.
Few lawyers, even among experienced cyberspace law practitioners, understand the
children’s Internet industry and the regulations and safety concerns that apply
to it. But the failure to understand what information can be collected from
children, how it can be used, and what needs to be accurately disclosed to
parents has cost many companies dearly.
While this article may not make you an experienced children’s Internet industry
legal practitioner, it will let you know when it’s time to seek help, and where
the potential hazards are, for sites directed at children as well as for general
interest sites that children may visit. There are two main issues that trigger
the law when children are involved online. One is privacy, the other is safety.
Both are regulated in the U.S. by the FTC, although states are permitted to
enforce consistent local laws.
In brief, the "privacy" component relates to the collection, maintenance, or use
of personally identifiable information from children under the age of 13 (12
years old and under). "Safety" is triggered, legally, when a child under the age
of 13 is able to share personally identifiable information with others online
(such as in a chat, on discussion boards, or via e-mail or instant messaging).
The safety concern is that an online predator may be able to contact the child
either online or offline because the child has shared such contact information,
whether intentionally or not.
You can review our COPPA checklist and see if the most common COPPA triggers
exist at your site. If they do, finding the right lawyers to advise you is
essential.
       
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Parry
Aftab, Esq., 
Marvel and
all character names and the distinctive likenesses thereof are trademarks of
Marvel Characters, Inc., and are used with permission. TM & © 2004 Marvel
Characters, Inc. All rights reserved. “Super Heroes” is a Co-owned registered
Trademark.