Amendments to the Children's Online Privacy Protection Rule Became Effective on July 1, 2013

In 1998, Congress passed the Children's Online Privacy Protection Act (COPPA), codified at 15 U.S.C. §§6501-6506, to prevent children from giving out personal information without their parents' consent.  Pursuant to this Act, the Federal Trade Commission (FTC) promulgated regulations concerning children's online privacy, known as the "COPPA Rule."  This Rule, originally issued in 2000, imposes certain requirements on operators of websites or online services (including apps) directed to children under 13 and on other operators of websites or online services that have actual knowledge that they are collecting personal information information from children under 13.  The Rule requires, inter alia, that these operators provide parents with direct notice of the operators' information practices and obtain parental consent prior to collecting personal information from children under 13.

In light of changes in online technology since 2000, the FTC recently amended the COPPA Rule.  The amended Rule became effective on July 1, 2013.  Although the basic COPPA principles stayed the same, several important modifications were made, including the following changes to the definition of "operator":  an "operator" now includes an operator of a child-directed site or service where it allows third-party, outside services, such as plug-ins or advertising networks, to collect information from visitors, and also includes a third-party plug-in or ad network where that third party has actual knowledge that it is collecting personal information through a child-directed website or service. 

Visit the Federal Trade Commission's Bureau of Consumer Protection webpage on Children's Privacy for informational articles on COPPA, including "Children's Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business," "Complying with COPPA: Frequently Asked Questions - A Guide for Business and Parents and Small Entity Compliance Guide,"  and "Marketing Your Mobile App: Get it Right From the Start."  This last publication, directed to app developers, also includes guidelines to assist with compliance with general truth-in-advertising standards and basic privacy principles.

The McKusick Law Library has set up a display on its main floor on the amendments to the Children's Online Privacy Protection Rule.  Included in the display is the January 17, 2013 Federal Register in which the final rule amendments were published. Also in the display are several books from the collection containing information on COPPA and the COPPA Rule, including Internet and Online Privacy: A Legal and Business Guide, Internet Law in a Nutshell, and Who Rules the Net? Internet Governance and Jurisdiction. (The books on display may be checked out.)

(This entry was originally written and posted by Marsha Stacey)