Children's Online Privacy
Protection Act and the Video
Privacy Protection Act
By: Alana Rushing
Children’s Online Privacy Protection Act
(COPPA)
• 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.
• The act details…..
-what a website operator must include in a privacy
policy
-when and how to seek verifiable consent from a
parent or guardian
-what responsibilities an operator has to protect for
children's privacy and safety online including
restrictions on the marketing to those under 13.
Continued…
• While children under 13 can legally give out personal information
with their parents' permission, many websites altogether disallow
underage children from using their services due to the amount of
work involved.
• The Federal Trade Commission (FTC) has the authority to issue
regulations and enforce COPPA. Also under the terms of COPPA, the
FTC designated "safe harbor" provision is designed to encourage
increased industry self-regulation.
• 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.
Cont…
• 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 regulation that takes into account the
manner in which the information is being collected and the
uses to which the information will be put.
2013 revision
• The revised COPPA Rule aims to strengthen children’s
privacy protections and give parents greater control
over the personal information that websites and online
services can collect. Among the more significant
changes in the revised Rule are an expanded definition
of the term “personal information” and revisions to
how companies may obtain parental consent.
• The updates are primarily aimed at mobile privacy, but
are intended to reflect the FTC’s commitment to
“helping to create a safer, more secure online
experience for children” in the face of rapid
technological change.
Violations to COPPA
• 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. American Pop Corn Company, Lisa
Frank, Inc., Mrs. Field's Cookies, and Hershey
Foods.
• The website Xanga was fined $1 million for
COPPA violations, for repeatedly allowing
children under 13 to sign up for the service
without getting their parent's consent.
Criticisms of COPPA
• COPPA is highly controversial, and has been criticized as
ineffective and potentially unconstitutional by many people.
They say it attacks children's rights to freedom of speech, and
self-expression.
• Mark Zuckerberg, co-founder and CEO of Facebook, has
expressed opposition to COPPA and stated "That will be a fight
we take on at some point. My philosophy is that for education
you need to start at a really, really young age."
Video Privacy Protection Act
(VPPA)
• This was a bill passed by the United States Congress in
1988 and signed into law by President Ronald Reagan.
• It was created to prevent what it refers to as "wrongful
disclosure of video tape rental or sale records [or
similar audio visual materials, to cover items such as
video games and the future DVD format]."
• Congress passed the VPPA after Robert Bork's video
rental history was published during his Supreme Court
nomination. It makes any "video tape service provider"
that discloses rental information outside the ordinary
course of business liable for up to $2500 in actual
damages.
The law in effect
• In 2008, a class action lawsuit against Blockbuster Inc. was
filed over the release of customer rental and sales records to
Facebook through the controversial Facebook Beacon
program. The lawsuit alleged the release of the records was a
violation of the Act.
• In December 2009, an anonymous plaintiff filed a lawsuit
against the online DVD rental company Netflix over its release
of data sets for the Netflix Prize, alleging that the company's
release of the information constituted a violation of the VPPA.
• In 2012, Netflix changed its privacy rules so that it no longer
retains records for people who have left the site
Revisions
• On January 10, 2013, President Obama signed
into law amendments to the VPPA that facilitate
social media sharing of video viewing preferences
when users consent to disclosure of information
via the Internet.
• The amendments provide that a consumer’s
written consent can now be obtained through
electronic means using the Internet, provided
that the consent is in a “form separate and
distinct from any form setting forth other legal or
financial obligations of the consumer.”
Revisions cont..
• The amendments also permit the consumer to
choose between giving consent to disclosure
either: in advance for a set period of time, up to
two years or until consent is withdrawn, or each
time disclosure is sought (like under the old
statute).
• The service provider must give the consumer “in
a clear and conspicuous manner” the opportunity
to withdraw consent either on a case-by-case
basis or from ongoing disclosures, at the
consumer’s election.