FTC Roundtable Focuses on Possible Expansion of COPPA Rule
The Federal Trade Commission (FTC) held a June 2, 2010 public roundtable on its implementation of the Children’s Online Privacy Protection Act (COPPA). The FTC’s COPPA Rule (the Rule) first became effective on April 13, 2000, and is designed to protect the personal information of children who use the Internet. The Rule imposes a number of obligations on Web site operators who gear their sites towards children or who know that children use their sites. The FTC is reviewing the COPPA Rule at this time - about five years ahead of schedule - because it is concerned that changes to the online environment may necessitate changes in the Rule. Please see previous coverage on this issue here.
Panelists at the FTC roundtable included university professors, child safety and privacy advocates, and industry representatives; they discussed a number of questions on which the FTC may focus during its regulatory review. Topics of discussion included:
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Whether the COPPA Rule can be applied to non-Internet-based technologies such as text messaging and interactive video gaming;
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If the Rule does not apply to non-Internet-based technologies, whether the FTC should expand its regulations to cover such technologies;
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How web content providers acquire the requisite knowledge to be subject to the Rule, and whether that knowledge standard should be modified; and
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Whether the definition of "personal information" that, when collected, is subject to the Rule should be expanded to include data such as children’s persistent IP addresses and mobile geolocation information.
The FTC invites members of the public to comment on the COPPA Rule and its implementation through June 30, 2010.
Changes to the COPPA Rule may affect entertainment, social media, and other companies that target children younger than age 13. For this reason, such companies should consider submitting responses to the FTC. To find out more about how to respond to the FTC’s request for comment, please contact:
Anthony V. Lupo
lupo.anthony@arentfox.com
202.857.6353
Sarah L. Bruno
bruno.sarah@arentfox.com
202.775.5760
Matthew R. Mills
mills.matthew@arentfox.com
202.715.8582
Grace L. Applefeld
applefeld.grace@arentfox.com
202.857.6498