Children's Online Privacy Protection Act and the Video Privacy Protection Act By: Alana Rushing

Children’s Online Privacy Protection Act (COPPA) The act, effective April 21, 2000, applies to the online collection of personal information by persons or entities under U.S. jurisdiction from children under 13 years of age. The act details….. -what a website operator must include in a privacy policy -when and how to seek verifiable consent from a parent or guardian -what responsibilities an operator has to protect for children's privacy and safety online including restrictions on the marketing to those under 13.

Continued… While children under 13 can legally give out personal information with their parents' permission, many websites altogether disallow underage children from using their services due to the amount of work involved. The Federal Trade Commission (FTC) has the authority to issue regulations and enforce COPPA. Also under the terms of COPPA, the FTC designated "safe harbor" provision is designed to encourage increased industry self-regulation. The Act applies to websites and online services operated for commercial purposes that are either directed to children under 13 or have actual knowledge that children under 13 are providing information online. Most recognized non-profit organizations are exempt from most of the requirements of COPPA.

Cont… The type of "verifiable parental consent" that is required before collecting and using information provided by children under 13 is based upon a "sliding scale" set forth in a Federal Trade Commission regulation that takes into account the manner in which the information is being collected and the uses to which the information will be put.

2013 revision The revised COPPA Rule aims to strengthen children’s privacy protections and give parents greater control over the personal information that websites and online services can collect. Among the more significant changes in the revised Rule are an expanded definition of the term “personal information” and revisions to how companies may obtain parental consent. The updates are primarily aimed at mobile privacy, but are intended to reflect the FTC’s commitment to “helping to create a safer, more secure online experience for children” in the face of rapid technological change.

Violations to COPPA The FTC has brought a number of actions against website operators for failure to comply with COPPA requirements, including actions against Girl's Life, Inc. American Pop Corn Company, Lisa Frank, Inc., Mrs. Field's Cookies, and Hershey Foods. The website Xanga was fined $1 million for COPPA violations, for repeatedly allowing children under 13 to sign up for the service without getting their parent's consent.

Criticisms of COPPA COPPA is highly controversial, and has been criticized as ineffective and potentially unconstitutional by many people. They say it attacks children's rights to freedom of speech, and self-expression. Mark Zuckerberg, co-founder and CEO of Facebook, has expressed opposition to COPPA and stated "That will be a fight we take on at some point. My philosophy is that for education you need to start at a really, really young age."

Video Privacy Protection Act (VPPA) This was a bill passed by the United States Congress in 1988 and signed into law by President Ronald Reagan. It was created to prevent what it refers to as "wrongful disclosure of video tape rental or sale records [or similar audio visual materials, to cover items such as video games and the future DVD format]." Congress passed the VPPA after Robert Bork's video rental history was published during his Supreme Court nomination. It makes any "video tape service provider" that discloses rental information outside the ordinary course of business liable for up to $2500 in actual damages.

The law in effect In 2008, a class action lawsuit against Blockbuster Inc. was filed over the release of customer rental and sales records to Facebook through the controversial Facebook Beacon program. The lawsuit alleged the release of the records was a violation of the Act. In December 2009, an anonymous plaintiff filed a lawsuit against the online DVD rental company Netflix over its release of data sets for the Netflix Prize, alleging that the company's release of the information constituted a violation of the VPPA. In 2012, Netflix changed its privacy rules so that it no longer retains records for people who have left the site

Revisions On January 10, 2013, President Obama signed into law amendments to the VPPA that facilitate social media sharing of video viewing preferences when users consent to disclosure of information via the Internet. The amendments provide that a consumer’s written consent can now be obtained through electronic means using the Internet, provided that the consent is in a “form separate and distinct from any form setting forth other legal or financial obligations of the consumer.”

Revisions cont.. The amendments also permit the consumer to choose between giving consent to disclosure either: in advance for a set period of time, up to two years or until consent is withdrawn, or each time disclosure is sought (like under the old statute). The service provider must give the consumer “in a clear and conspicuous manner” the opportunity to withdraw consent either on a case-by-case basis or from ongoing disclosures, at the consumer’s election.