Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Coping With COPPA

By By Jonathan Bick
March 01, 2004

While the Children's Online Privacy Protection Act of 1998 (COPPA) was designed to rein in commercial Web sites that target children as buyers of goods, it has caused legal difficulties for those who provide services such as camps, schools, after-school activities and sports clubs.

COPPA, the only law specifically to target online information privacy, applies only to Web sites that collect information from children. The providers of such services must regularly wrestle with the ways they collect prospects from their sites.

COPPA requires commercial Internet sites to refrain from collecting personal data from children under the age of 13 without parental consent. Internet-site operators have taken three mutually exclusive legal approaches to coping with COPPA:

  • Securing verified parental consent;
  • Preparing to manage a complaint; and
  • Implementing substantial compliance procedures. While users of provider sites are usually parents looking for schools, camps and other such businesses or activities, children also use these sites and report their choices to their parents.

Many providers incorrectly assume they are in substantial compliance with the spirit of COPPA because they subsequently contact parents or guardians of children from whom they have collected data. The rationale is that it would be prohibitively expensive to determine the age of a site user beforehand, so they make sure they follow up with a parent or guardian.

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.