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Federal Internet Law & Policy
An Educational Project

Children's Online Privacy Protection Act

Dont be a FOOL; The Law is Not DIY
COPPA
  Who Must Comply
  What is Required
    Notice
    Parental Consent
    Sliding Scale
    Parental Review
    Data Security
  "Personal Info"
  Exceptions
  Giving Away Stuff
  Safeharbors
  Enforcement
  Checklist
  Reference

- Privacy
- Fair Info Practices
- 4th Amendment
- - ECPA
- - FISA
- - Patriot Act
- - Expectation
- - Cybersecurity
- - Anonymity
- FTC
- - ID Theft
- - Spyware
- - Children's Privacy
- - COPPA
- - Cookies
- - Social Networks
- - Advertising
- - Online Profiling
- - Privacy Policies
- - Enforcement
- FCC
- - CPNI
- - Cable
- - CALEA
Dept of Commerce
- - NTIA
- - NIST
- - EU Safe Harbors
- The Feds
- - Pri.Protection Act
- - Privacy Act
- - Pri. Impact Statements
- - Info Law
- - The Press
- Geolocation
- - Location Based Services
- Reference


Enforcement

"The FTC monitors the Internet for compliance with the Rule and brings law enforcement actions when appropriate to deter violations. Parents and others may submit complaints to the FTC through the FTC website, www.ftc.gov , and toll free number, (877) FTC-HELP. Consumer groups, industry members, Commission-approved COPPA safe harbor programs, and other members of the public also may provide information concerning website operators that may not be in compliance with the Rule."

"A court can hold website operators who violate the Rule liable for civil penalties of up to $11,000 per violation. The amount of penalties the court assesses may turn on a number of factors, including the egregiousness of the violation, the number of children involved, the amount and type of personal information collected, how the information was used, whether it was shared with third parties, and the size of the company."

" COPPA gives states and certain federal agencies authority to enforce compliance with the Act itself (not the Rule) with respect to entities over which they have jurisdiction. For example, the Office of the Comptroller of the Currency handles compliance by national banks and the Department of Transportation handles air carriers. " - FTC COPPA FAQs

Remember that compliance with COPPA means two things: first, the creation of the COPPA privacy policy; second, acting on the policy. Creating a policy but failing to comply with it is just as problematic as not creating the policy at all.

COPPA Sec. 1304; 16 CFR § 312.9.

See FTC Children's Privacy: Enforcement

10/20/09 Iconix Brand Group, Inc.,

12/11/08 Sony BMG Music Entertainment

1/30/08 Imbee.com

9/7/06 Xanga

2/18/04 UMG

2/18/04 Bonzi

2/27/03 Hershey Foods Corporation

2/27/03 Mrs. Fields Famous Brands, Inc., Mrs. Fields' Holding Company, Inc., Mrs. Fields' Original Cookies, Inc.

4/22/02 The Ohio Art Company (Etch-A-Sketch)

2/14/02 American Pop Corn Company (Jolly Time)

10/2/01 Lisa Frank, Inc.

4/19/01 Looksmart Ltd.

4/19/01 Monarch Services, Inc., et al. (Girls' Life)

4/19/01 Bigmailbox.com, Inc.

7/21/00 Toysmart.com

Pre-COPPA Children's Privacy Cases

8/12/99 Liberty Financial Companies, Inc.

2/12/99 GeoCities

 

News

FTC COPPA Compliance Checklist

The FTC created the following checklist for COPPA Compliance. This checklist was published as a part of the guide FTC, You, Your Privacy Policy and COPPA <www.ftc.gov/bcp/conline/edcams/coppa/index.html>.

 

 
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