For Release:
October 26, 2001
FTC Seeks Comment on Amending Children's Internet Privacy Rule
Proposal Would Extend Time
Sites Can Use E-Mail to Verify Parental Consent to Collection of
Kids Data
The Federal Trade Commission is
seeking public comment on a proposal to extend for two years the
period during which Web sites directed to children can use an
e-mail message from the parent, coupled with additional steps,
to obtain verifiable parental consent for the collection of
personal information from children. In a Federal Register Notice
to be published shortly, the Commission proposes to extend the
time period from April 21, 2002 until April 21, 2004 and
requests comments on this proposal.
The Children's Online Privacy
Protection Rule applies to operators of commercial Web sites and
online services directed to children under the age of 13, and to
general audience Web sites and online services that knowingly
collect personal information from children under 13. Among other
things, the Rule requires that Web sites get verifiable consent
from a parent or guardian before they
collect personal information from children.
The Rule uses a sliding scale
approach for obtaining verifiable parental consent, which
depends upon the reason the personal information is collected.
If a Web site is collecting personal information solely for its
internal use, and is not disclosing the information to the
public or third parties, the Rule allows the site to obtain
parental consent through the use of an e-mail message from the
parent, coupled with additional steps. If the Web site is going
to disclose the personal information to the public or third
parties, the Rule requires that the Web site use more reliable
methods to obtain the parent's consent. This sliding scale
mechanism is set to expire on April 21, 2002, at which time Web
sites must obtain verifiable parental consent using the more
reliable methods for all uses of personal information.
When it issued the final Rule,
the Commission anticipated that the sliding scale was necessary
only in the short term because the more reliable methods of
obtaining verifiable parental consent would soon be widely
available and affordable. Now it appears that the expected
progress in available technology has not yet occurred. The
Commission proposes to amend the Rule to extend the sliding
scale mechanism for an additional two years.
The Commission seeks comment on
several questions, including the current and anticipated
availability and affordability of secure electronic mechanisms
and/or infomediary services for obtaining parental consent. The
Commission also seeks comment on the length of the proposed
extension and the negative impact, if any, of extending the
sliding scale mechanism.
Written comments will be accepted
until November 30, 2001.
Copies of the Federal Register Notice
are available from the FTC's web site at
http://www.ftc.gov and
also from the FTC's Consumer Response Center, Room 130, 600
Pennsylvania Avenue, N.W., Washington, D.C. 20580. For further
information about the COPPA Rule, see
http://www.ftc.gov/kidzprivacy. |