Archives: Children’s Privacy

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FTC Report Calls For More Notice Involving Mobile Apps Directed To Kids, Warns Enforcement Could Come Over Next Six Months

The FTC staff released a report today calling for participants in the mobile app ecosystem — including app developers, app stores, and third parties who collect data through mobile apps — to provide better privacy notices to parents about mobile apps directed to children, and warning that over the next six months, staff will be conducting additional reviews … Continue Reading

FTC Settles Flash Cookie and COPPA Claims

Online advertiser ScanScout has entered into a consent agreement with the Federal Trade Commission in connection with claims it made that consumers could opt out of receiving targeted ads by changing their computer’s web browser settings to block cookies.  According to the FTC, these claims were deceptive with respect to the use of so-called “Flash … Continue Reading

House Subcommittee Discusses COPPA Updates, Teen Privacy

The House Energy and Commerce Committee’s Subcommittee on Commerce, Manufacturing and Trade held the latest in its series of hearings on Internet privacy Wednesday morning. The hearing — titled “Protecting Children’s Privacy in an Electronic World” — focused on the Federal Trade Commission’s proposed updates to the regulations implementing the Children’s Online Privacy Protection Act … Continue Reading

House Subcommittee to Examine COPPA Reform

Politico and other news sources are reporting that the House Energy and Commerce Committee’s Subcommittee on Commerce, Manufacturing and Trade plans to hold a hearing on the FTC’s proposed revisions to the Children’s Online Privacy Protection Act rule.  We previously analyzed the FTC’s proposal here.  The hearing has not yet been formally announced but is … Continue Reading

FTC Releases Proposed COPPA Rules

By Lindsey Tonsager This morning the FTC released its long anticipated proposed revisions to its rule implementing the Children’s Online Privacy Protection Act (“COPPA”).  COPPA governs (1) operators of websites and online services that are directed to children under the age of 13 and (2) operators of general audience websites or online services that have … Continue Reading

FCC Adopts Rules Implementing the Protecting Children in the 21st Century Act

The Federal Communications Commission has adopted rules implementing the Protecting Children in the 21st Century Act. Like the Act, the FCC’s rules require elementary and secondary schools that have applied for discounted Internet access services through the FCC’s E-rate program to certify that the school’s Internet safety policy provides for the education of minors about appropriate online behavior, including … Continue Reading

FTC Settles First COPPA Complaint Against Mobile App Developer

Resolving the FTC’s first complaint against a mobile app developer under the Children’s Online Privacy Protection Act (“COPPA”), W3 Innovations, LLC, a developer of children’s games for the iPhone and iPod touch, has agreed to pay $50,000 to settle allegations that it collected and disclosed the personal information of thousands of children under the age of 13 without first providing … Continue Reading

Two House Energy & Commerce Subcommittees Hold Hearing on Internet Privacy

Yesterday, two Subcommittees of the House Energy and Commerce Committee (Commerce, Manufacturing and Trade and Communications and Technology) held a joint hearing entitled “Internet Privacy:  The Views of the FTC, the FCC, and NTIA” that featured testimony from FCC Chairman Julius Genachowski, FTC Commissioner Edith Ramirez, and NTIA Assistant Secretary Lawrence Strickling.  Topics discussed included … Continue Reading

Supreme Court Reaffirms Application of First Amendment to Children

Last week, the Supreme Court issued its much anticipated decision in the Brown v. Entertainment Merchant’s Association case.  Justice Scalia, writing for Justices Kennedy, Ginsburg, Sotomayor, and Kagan, held that a California law restricting the sale or rental of violent video games to minors, and mandating “18” labels for such games, violates the First Amendment. The decision is not … Continue Reading

FTC Seeks Comment on Aristotle’s COPPA Safe Harbor Application

The Children’s Online Privacy Protection Act (“COPPA”) provides a safe harbor for companies that comply with FTC-approved self-regulatory guidelines.  Since COPPA’s enactment, the FTC has approved proposals submitted by CARU, ESRB, TRUSTe, and Privo, Inc.   Aristotle, which operates the Integrity suite of age and identity verification services, recently filed an application with the FTC to become an FTC-approved safe harbor program.  … Continue Reading

Flurry of Privacy Bills Introduced in Congress; More to Come?

In light of the number of privacy and data security-related bills currently being considered by Congress, we thought it might be helpful to provide a roundup of the legislation introduced or circulated to date: Comprehensive privacy legislation: BEST PRACTICES Act, H.R. 611 (Rep. Rush): introduced Feb. 10, 2011.  Referred to the House Subcommittee on Commerce, … Continue Reading

Markey and Barton Introduce “Do Not Track Kids Act of 2011”

Representatives Edward Markey and Joe Barton recently introduced the “Do Not Track Kids Act of 2011,” which would expand and modernize the Children’s Online Privacy Protection Act (COPPA) and also would introduce new privacy protections for all minors under 18.   COPPA currently prohibits operators of websites and online services from knowingly collecting, using, or disclosing … Continue Reading

FCC Drafting a Report on Location-Based Services

The Federal Communications Commission is seeking public comment on the use of location-based services in connection with a forthcoming staff report.  Comments are due to the FCC by July 8, 2011. The agency also is teaming up with the Federal Trade Commission to host an educational forum on June 28, 2011, to help consumers understand the … Continue Reading

Senator Rockefeller Asks Mobile Companies About Children’s Privacy

Senator Rockefeller, Chairman of the Senate Commerce Committee, has asked Apple, Google, and the Association for Competitive Technology to respond to questions to help determine whether the applications running on their mobile platforms comply which the Children’s Online Privacy Protection Act (COPPA). COPPA requires operators of certain websites and online services to obtain parental consent … Continue Reading

FTC Settles COPPA Charges Against Virtual World Operators

The Federal Trade Commission today reached a $3 million settlement with 20 operators of online virtual worlds.  The settlement is the largest civil penalty that the FTC has obtained to date for a violation of the Children’s Online Privacy Protection Act (COPPA).  The FTC alleged that the operators collected children’s ages and email addresses during … Continue Reading

Covington’s Lindsey Tonsager To Speak at the Privacy & Data Protection USA Conference

Lindsey Tonsager, an associate in Covington’s Privacy & Data Security Group, will be speaking on recent developments in the areas of children’s privacy and social networking at the upcoming Privacy & Data Protection USA conference.  The conference will be held at Loyola University in Chicago on Tuesday, May 24, 2011.  Government officials, business executives, sales and marketing directors, and legal experts will gather to discuss … Continue Reading

Comcast/NBCU Commit To Limit Interactive Advertising in Children’s Programming

Earlier this week, Comcast — the largest cable operator in the U.S. — stated in a filing to the Federal Communications Commission that it would commit to limit interactive advertising in children’s programming as a condition of obtaining approval of its acquisition of NBC Universal.  Specifically, as long as they have control over the program’s advertising, Comcast and NBCU will not insert … Continue Reading

ABA Program on Marketing To Minors

Yesterday, the American Bar Association Forum on Communications Law and the ABA Center for Continuing Legal Education sponsored the program “Marketing to Minors: Traps for the Unwary in a Rapidly Evolving Legal Landscape.”  Representatives from the Federal Trade Commission, Federal Communications Commission, and Gannett provided an overview of the current rules for marketing to children, discussed the … Continue Reading
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