The law in question is the Child Online Privacy Protection Act, passed in 1998. Today, (Friday April 21) FTC rules implementing the new law take effect. You may be interested in the following information: FTC's How to Comply with COPPA http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.htm FTC's Privacy website http://www.ftc.gov/privacy/index.html According to the FTC guide, the following people must comply and thus will want to learn more about this: QUOTE If you operate a commercial Web site or an online service directed to children under 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that it collects personal information from children, you must comply with the Children's Online Privacy Protection Act. * To determine whether a Web site is directed to children, the FTC will consider several factors, including the subject matter; visual or audio content; the age of models on the site; language; whether advertising on the Web site is directed to children; information regarding the age of the actual or intended audience; and whether a site uses animated characters or other child-oriented features. * To determine whether an entity is an "operator" with respect to information collected at a site, the FTC will consider who owns and controls the information; who pays for the collection and maintenance of the information; what the pre-existing contractual relationships are in connection with the information; and what role the Web site plays in collecting or maintaining the information. END QUOTE -Robert Cannon Internet Telecom Project www.cybertelecom.org ------Original Message------ From: "Moe Allen" <moe@vidnet.net> To: <nanog@merit.edu> Sent: April 21, 2000 7:10:50 PM GMT Subject: New Federal Law The Federal Government just announced a new Law that goes into effect today. ______________________________________________ FREE Personalized Email at Mail.com Sign up at http://www.mail.com/?sr=signup
If you operate a commercial Web site or an online service directed to children under 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that it collects personal information from children, you must comply with the Children's Online Privacy Protection Act.
i have a website that might be collecting information from children, even though that's not the "target" audience. can i ask the person how old they are, or is that a violation of the law? it seems to me that i must break the law in order to comply. or am i just being pedantic? -- |-----< "CODE WARRIOR" >-----| codewarrior@daemon.org * "ah! i see you have the internet twofsonet@graffiti.com (Andrew Brown) that goes *ping*!" andrew@crossbar.com * "information is power -- share the wealth."
IANAL, but my reading of the law and FTC's requirements confirms your suspicion. Once you ask their age, then you materially "know" it and become subject to this law. Better not to ask their age or not collect any info, if their age is 13 or below. JMH Andrew Brown wrote:
i have a website that might be collecting information from children, even though that's not the "target" audience. can i ask the person how old they are, or is that a violation of the law?
it seems to me that i must break the law in order to comply.
or am i just being pedantic?
-- |-----< "CODE WARRIOR" >-----| codewarrior@daemon.org * "ah! i see you have the internet twofsonet@graffiti.com (Andrew Brown) that goes *ping*!" andrew@crossbar.com * "information is power -- share the wealth."
-- John Hall <j.hall@f5.com> F5 Networks, Inc. Senior Test Engineer 206-505-0800 I could dance with you till the cows come home. On second thought, I'd rather dance with the cows till you come home. -- Groucho Marx
IANAL, but my reading of the law and FTC's requirements confirms your suspicion. Once you ask their age, then you materially "know" it and become subject to this law. Better not to ask their age or not collect any info, if their age is 13 or below.
ianal either. i was actually implying that if you asked and found out they were 12, you've just broken the law. the only problem (as i see it) is there's no way for you to collect the age information *without* possibly breaking the law. -- |-----< "CODE WARRIOR" >-----| codewarrior@daemon.org * "ah! i see you have the internet twofsonet@graffiti.com (Andrew Brown) that goes *ping*!" andrew@crossbar.com * "information is power -- share the wealth."
On Fri, 21 Apr 2000, Andrew Brown wrote:
i was actually implying that if you asked and found out they were 12, you've just broken the law. the only problem (as i see it) is there's no way for you to collect the age information *without* possibly breaking the law.
Simple, really. Just send an email to every single parent in the world with a breakdown of what you're doing, and ask for prior written consent before launching your site, and if they refuse, demand that they return a signed disclaimer. If they fail to respond at all, well, at least you tried, no? Spam? No - federal requirement! -- Patrick Evans - Sysadmin, but most certainly not a lawyer
This law while with good intent protects nothing, foreign nations and companies are not bound by American legislation. Robert Cannon wrote:
The law in question is the Child Online Privacy Protection Act, passed in 1998. Today, (Friday April 21) FTC rules implementing the new law take effect. You may be interested in the following information:
FTC's How to Comply with COPPA http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.htm
FTC's Privacy website http://www.ftc.gov/privacy/index.html
According to the FTC guide, the following people must comply and thus will want to learn more about this:
QUOTE
If you operate a commercial Web site or an online service directed to children under 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that it collects personal information from children, you must comply with the Children's Online Privacy Protection Act.
* To determine whether a Web site is directed to children, the FTC will consider several factors, including the subject matter; visual or audio content; the age of models on the site; language; whether advertising on the Web site is directed to children; information regarding the age of the actual or intended audience; and whether a site uses animated characters or other child-oriented features.
* To determine whether an entity is an "operator" with respect to information collected at a site, the FTC will consider who owns and controls the information; who pays for the collection and maintenance of the information; what the pre-existing contractual relationships are in connection with the information; and what role the Web site plays in collecting or maintaining the information.
END QUOTE
-Robert Cannon Internet Telecom Project www.cybertelecom.org
------Original Message------ From: "Moe Allen" <moe@vidnet.net> To: <nanog@merit.edu> Sent: April 21, 2000 7:10:50 PM GMT Subject: New Federal Law
The Federal Government just announced a new Law that goes into effect today.
______________________________________________ FREE Personalized Email at Mail.com Sign up at http://www.mail.com/?sr=signup
-- Thank you; |--------------------------------------------| | Thinking is a learned process so is UNIX | |--------------------------------------------| Henry R. Linneweh
I'd've preferred if they'd tried to do something about spam, or even knowingly or negligently sending sexually explicit or intentionally deceptive (e.g., "I forgot to tell you this!") spam to children, and others for that matter but if they must start with "protect the kids!". The stuff this bill claims to counter seems quite mild compared to some of the spam complaints. Getting marketing info is one thing, but "TEEN BONDAGE MPEGS!!!" mail to kids seems to be ok, or less important anyhow. I guess it's easier to harass the honest than the stealthy. -- -Barry Shein Software Tool & Die | bzs@world.std.com | http://www.TheWorld.com Purveyors to the Trade | Voice: 617-739-0202 | Login: 617-739-WRLD The World | Public Access Internet | Since 1989 *oo*
participants (6)
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Andrew Brown -
Barry Shein -
Henry R. Linneweh -
John Hall -
Patrick Evans -
Robert Cannon