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Proposed COPPA Amendments Address Geolocation, Behavioral Ads

BY Richard Raysman
February 28, 2012

Congress passed the Children's Online Privacy Protection Act (COPPA) (www.coppa.org/comply.htm) more than a decade ago to address the unique privacy risks of children under 13 years of age when they access the Internet. The law places certain requirements upon qualifying websites and providers and gives parents tools for overseeing their children's online interactions. Since its enactment, COPPA has undoubtedly achieved some success in accomplishing its privacy and safety goals while still preserving the dynamic nature of the Internet.

However, the rapid-fire pace of technological change ' including an explosion in children's use of mobile devices and participation in social networking sites and interactive video games ' has prompted the Federal Trade Commission (FTC) to propose amendments to the law to address the novel online interactions of the new decade. Indeed, as FTC Chairman Jon Leibowitz recently commented about the need for updated regulations: “[K]ids are often tech savvy but judgment poor.”

This article discusses COPPA generally, recent enforcement actions, and the issues surrounding the proposed amendments to the COPPA regulations, including whether COPPA's definition of “personal information” should be expanded to cover geolocation and behavioral advertising data, and what new methods of parental notice should be adopted.

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