COPPA, which was enacted in 1998, is intended to protect the online privacy of children under the age of 13. It requires website operators to include a privacy policy on their site, governs when and how operators seek consent from parents, and obligates operators to protect children online, including restrictions on the sharing of information and marketing activities.
The FTC wants to modify the definitions of "operator" and "website or online service directed to children" to clarify responsibilities when third parties, such as advertising networks or downloadable software kits ("plug-ins"), collect personal information from users through child-directed websites or services, according to an FTC press release. The change would make clear that an operator that chooses to integrate the services of third parties that collect personal information from its visitors should itself be considered a covered "operator" under the regulation.
The commission also proposes to modify the definition of "website or online service directed to children" to clarify that a plug-in or ad network is covered by the regulations when it knows that it is collecting personal information through a child-directed website or online service; address the reality that some websites that contain child-oriented content are appealing to both young children and parents; and clarify that those child-directed sites or services that knowingly target children under 13 as their primary audience or whose overall content is likely to attract children under age 13 as their primary audience must still treat all users as children.
Finally, the FTC proposes to modify the regulations’ definition of "personal information" to make clear that a persistent identifier will be considered personal information where it can be used to recognize a user over time, or across different sites or services, where it is used for purposes other than support for internal operations.
Public comments are due by Sept. 10, 2012, and can be submitted online.