| Comment Number: | 516296-00021 |
| Received: | 6/27/2005 7:30:44 PM |
| Organization: | WiredSafety.org and on her individual behalf as the Kids Internet Lawyer |
| Commenter: | Parry Aftab |
| State: | NJ |
| Agency: | Federal Trade Commission |
| Rule: | Children's Online Privacy Protection Act Rule Review |
| Docket ID: | 3084-AB00 |
| Attachment: | 516296-00021.pdf Download Adobe Reader |
Comments:
When COPPA was enacted the Internet was a very different place. It was largely composed of US content, with only 6 million US children under the age of 18 online. When it became effective on April 21, 2000 the number of US children online had jumped to 18 million. It now tops two or three times that number, with preteens (8-13 year olds) making up almost half. COPPA was adopted in response to the kids Internet industry’s failure to adhere to responsible marketing and data collection practices, and to protect children too young to understand the ramifications of sharing personal information online from Internet sexual predators. (See Aftab's testimony before the House Commerce Committee on COPPA attached to comment as Appendix A.) COPPA has been very successful in improving the data collection practices and curtailing unscrupulous interactive marketing practices of commercial websites. It has taught websites to consider the privacy implications of their information collection practices and how to keep parents informed. The cost of COPPA compliance in this regard is outweighed by the benefit to children. But it has not been as successful in its second mission of protecting children from sharing personal information with third parties. And, ironically, by making it harder for the children’s websites to provide interactive moderated communities for kids and tweens, has forced them to use general audience websites where they are more at risk than ever. There are many fewer websites for children post COPPA. And because of this, it is much harder for children to find the resources and information they need in a form designed for them. The cost of obtaining verifiable parental consent for interactive communications is very high, estimated at more than $45 per child, and even at that price difficult to obtain. Only schools have successfully managed to provide COPPA consent to a commercial website on behalf of parents, often without the parents’ knowledge or consent. This has to change. COPPA needs to be modified to provide a safe harbor for children’s websites that provide safe communication tools in a moderated environment. By providing a safe harbor for sites that qualify under a safe communications standard (which could be qualified under existing or new seal programs), preteens can communicate with each other under the watchful eye of responsible members of the kids Internet industry. Kids are safer. They don’t have to resort to lying about their age and joining general audience sites designed for older teens and young adults. And the kids Internet industry would be able to recover and flourish. It satisfies the intent of COPPA, encourages best practices and innovation at the same time. This would encourage more children’s websites and safe communities, as well as make more child-directed information available online. We are also troubled at the movement among certain other advocacy groups to extend COPPA beyond its current mandate. They had been active in the early pre-COPPA days in attempting to bring TV advertising standards to the Internet. WiredSafety.org is concerned that we are confusing credible name brands with predators. We are confusing cereal with tobacco products and alcohol. In seeking to protect children online, we have made it difficult to find ways to fund quality content. We respectfully request that the FTC be very cautious before extending TV advertising guidelines to the Internet, or even (assuming jurisdiction is found therefor) interactive TV and new interactive technologies. It is important that credible studies are conducted to find out what parents really want, what help they need and the success or failure of certain aspects of COPPA and the Rule. It is also crucial that the FTC consider carefully any attempts to further encumber the fledgling kids Internet industry and ways to support the development of quality web content and safe communities for preteens. see attachment