Rockefeller: COPPA Should Be Updated
As the FTC weighs whether to update its rule implementing a law aimed at protecting children's privacy online, Senate Commerce Chairman John (Jay) Rockefeller, D-W.Va., said Thursday that he believes Congress may need to weigh in with possible changes to reflect new technologies such as mobile broadband.
Since the Children's Online Privacy Protection Act was passed in 1998, "the whole world has changed," Rockefeller said during a Consumer Protection, Product Safety, and Insurance Subcommittee hearing on the law. He added that "I really think Congress has to take a hard look at whether COPPA should be updated if the FTC is not going to do it."
The FTC is currently reviewing its rule implementing COPPA, which imposed certain requirements on Web sites directed at children including that they obtain parental consent before collecting personal information from children under the age of 13. The commission is collecting comments on whether it should apply the rule to new technologies such as mobile devices, interactive television and interactive gaming; on age verification systems; and other issues.
Facebook Director of Public Policy Tim Sparapani noted that while there is no way to verify a child's age online, Facebook imposes several safeguards aimed at blocking children under 13 from opening accounts on the social networking site. He urged Congress not to weigh in with legislation at this point, saying it might discourage innovative ideas aimed at enhancing teen and children safety. "In fact, any amendments might undue many of our innovative privacy and safety tools," Sparapani said.
Microsoft Associate General Counsel Mike Hintze echoed this view, saying the law has proven to be effective in encouraging Web sites to be more transparent and limit the amount and types of information they collect from children. "We don't believe legislative amendments are needed at this time," he said, adding that the FTC has appropriate flexibility to update the COPPA rule to reflect technological changes.
Electronic Privacy Information Center Executive Director Marc Rotenberg and American University Communications Professor Kathryn Montgomery both encouraged the FTC to provide protections for teens who are increasingly revealing vast amounts of personal information online through social networking services and other Web sites. Montgomery said she is "not arguing for a parental verification system" for children over 13 but would like the FTC to develop a set of fair information and marketing practices tailored to the needs of adolescents.
Rotenberg noted that children over 13 must rely on the privacy policies imposed by Web sites, which often change those policies after collecting vast amounts of information on these users. "I don't think the FTC has been as aggressive as it needs to be to go after unfair and deceptive trade practices," he said.
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