Children's Online Privacy Protection Act

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The Children's Online Privacy Protection Act of 1998^[1] (COPPA)^[2] 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. Similar laws exist in other countries.

Most of the terms of COPPA apply only to websites and organizations operated for commercial purposes and usually exempt recognized non-profit organizations.^[3] The authority to oversee activities related to the management of COPPA rests primarily with the Federal Trade Commission.

The application of the Act to photographs of children is a matter of interpretation that is yet to be tested in the courts. However, a parental release may be required for photographs containing identifiable images of children who are, or appear to be, under 13. One US government department says "There is no restriction on the dissemination of photos of children, if they are taken in public spaces, with no identification, and are used only for editorial (not advertising) purposes. The use of pre-arranged photos, taken in a protected environment such as a school or hospital, and showing a highly-defined and recognizable image, requires a release"^[4]

While children under 13 can theoretically join communities that require personal information given parental permissions, many sites still opt to completely disallow underage users, usually because the paperwork is too much of a hassle.

For sites that comply with COPPA, many administrators will disable or delete the accounts of users who are identified as underage.

Ostensibly because of the cost incurred in complying with the regulation, one of COPPA's largest impacts was to cause a number of websites that catered to children to shut down entirely. A number of other general-audience websites stopped offering services to children at all.

In September 2006, the website Xanga was fined USD $1 million for COPPA violations. ^[5]

[edit] Criticisms

The law is criticized for unnecessarily and severely restricting children's website activity in practice. Many say that it is not enforceable at all, since children can very easily claim they are 13 or older (e.g. by entering a fake date of birth). A few, youth rights groups in particular, claim that it is unconstitutional.

[edit] Notes

^ Pub.L. 105-277, div C, title XIII (Oct. 21, 1998) 112 Stat 2681-728, codified at 15 U.S.C. §§ 6501-6506.
^ 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.
^ COPPA section 1302(2).
^ "Children’s Privacy and Copyright Issues", US EPA order
^ http://www.msnbc.msn.com/id/14718350/