| Children's Online Privacy Protection Act |
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Information AboutChildren's Online Privacy Protection Act |
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The Children's Online Privacy Protection Act of 1998Pub.L. 105-277, div C, title XIII (Oct. 21, 1998) 112 Stat 2681-728, codified at . ('''COPPA''')COPPA is sometimes confused with COPA, the Child Online Protection Act , which concerns the exposure of children to Online Pornography and which was declared unconstitutional and remains under injunction. is a United States Federal Law , located at Title 15, Section 6501, '' Et Seq. '', of the United States Code . The act, effective April 21 , 2000 , applies to the online collection of personal information by persons or entities under U.S. Jurisdiction from Children under 13 years of age. It details what a Website operator must include in a Privacy Policy , when and how to seek verifiable consent from a Parent or Guardian , and what responsibilities an operator has to protect children's privacy and safety online including restrictions on the marketing to those under 13. The Federal Trade Commission has the authority to issue regulations and enforce COPPA. The Act applies to websites and online services operated for commercial purposes that are either directed to children under 13 or have actual knowledge that children under 13 are providing information online. Most recognized non-profit organizations, are exempt from most of the requirements of COPPA.COPPA section 1302(2)(B) However, the Supreme Court ruled that non-profits operated for the benefit of their members' commercial activities are subject to FTC regulation and consequently also COPPA. The type of "verifiable parental consent" that is required before collecting and using information provided by children under 13 is based upon a "sliding scale" set forth in a Federal Trade Commission regulationhttp://www.ftc.gov/os/1999/10/64fr59888.pdf that takes into account the manner in which the information is being collected and the uses to which the information will be put. The application of the Act to photographs of children is a matter of interpretation that is yet to be tested in the courts. However, one order The FTC has brought a number of actions against website operators for failure to comply with COPPA requirements, including actions against Girl's Life, Inc.,http://www.ftc.gov/opa/2001/04/girlslife.shtm American Pop Corn Company,http://www.ftc.gov/opa/2002/02/popcorn.shtm $400,000 for COPPA violations in connection with a Web site that promoted the then 13-year-old pop star "Lil' Romeo," and hosted child-oriented games and activities, and Bonzi Software, which offered downloads of an animated figure "BonziBuddy" that provided shopping advice, jokes, and trivia was fined USD $75,000 for COPPA violations. http://www.ftc.gov/opa/2004/02/bonziumg.shtm NOTES EXTERNAL LINKS |
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