On March 24, 2010, the Federal Trade Commission (“FTC” or “the Commission”) announced that it is seeking public comment on its implementation of the Children’s Online Privacy Protection Act (“COPPA” or “the Act”). 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 website operators who gear their sites towards children or who know that children use their sites. Among other things, the Rule requires that these operators obtain informed parental consent before collecting, using, or disclosing personal information from children younger than 13 years old. The Rule also requires that operators keep such personal information secure.

The FTC is reviewing the COPPA Rule at this time - about 5 years ahead of schedule - because it is concerned that changes to the online environment may necessitate changes in the Rule. The Commission appears to be particularly concerned that the explosion of cell phone and other interactive media use among children may impact the Rule’s effectiveness.

In its request for public comment, the FTC has posed a number of questions to the general public and to website operators. In particular, the Commission seeks feedback on the following issues:

1. Whether advances in mobile communications, interactive television, interactive gaming, and similar activities could or should qualify as Internet activities that are subject to the COPPA Rule;

2. Whether the definition of "personal information" should be expanded to include information such as children's persistent IP addresses, mobile geolocation information, and/or information collected in connection with online behavioral advertising;

3. Whether operators are using automated systems to review and filter children's web submissions, and how effective those systems are;

4. Whether current methods by which operators obtain verifiable parental consent are effective and whether new methods of obtaining such consent are possible;

5. The extent to which parents are exercising their rights to review and/or have their children's personal information deleted by operators; and

6. Whether the Rule’s safe harbor programs, which allow FTC approval of website operators’ self-regulatory guidelines, have enhanced compliance and whether those safe harbor programs should be modified in any way.

The 90-day comment period runs through June 30, 2010. The FTC will also host a public roundtable on the COPPA Rule review; that meeting is scheduled for Wednesday, June 2, 2010. More information on the roundtable’s agenda and featured speakers will be posted on http://www.ftc.gov/bcp/workshops/coppa/index.shtml.

Any website that collects information from children, tweens, or teenagers may be affected by changes to the COPPA Rule. For this reason, operators of such websites 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