Cybertelecom Federal Internet Law & Policy An Educational Project

COPPA: Safe Harbors

See also EU-US Privacy Safeharbor

"The Children's Online Privacy Protection Act (COPPA) includes a provision enabling industry groups or others to submit for Commission approval self-regulatory guidelines that implement the protections of the Commission's final Rule. The COPPA requires the Commission to act on a request for "safe harbor" treatment within 180 days of the filing of the request, and after the proposed guidelines have been subject to notice and comment. Section 312.10 of the final Rule sets out the criteria for approval of guidelines and the materials that must be submitted as part of a safe harbor application. [16 CFR Part 312 Final Rule PDF 270K] [COPPA Sec. 1304]" FTC Safe Harbor Program.

• iSafe Safe Harbor Application. Released Jan. 6, 2010. Comments due 45 days after Fed Reg publication. FTC has 180 Days to review application.
• PRIVO, Inc. Earns “Safe Harbor” Status, FTC 8/2/2004 APPROVED
  • FTC Seeks Public Comment on Privo, Inc.’s Application For Approval as a "Safe Harbor" Program under the Children’s Online Privacy Protection Rule, FTC 4/2/2004

TRUSTe

• FTC Seeks Comment on Proposed Changes to TRUSTE’s COPPA Safe Harbor Program FTC April 19, 2017
  • Federal Register notice
  • TRUSTe’s  Proposed Post-Approval Modifications to its Children’s Privacy Program Under 16 CFR §312.11(e) [Annotated Version]
• TRUSTe Earns "Safe Harbor" Status (COPPA), FTC 5/23/01
  • Public Comments 
  • Federal Register Notice and Request for Comment [PDF 117K] 
  • FTC approves third safe harbor program for children's Privacy, CW 5/25/01
  • TRUSTe's Request for Commission Approval of Self Regulatory Guidelines [PDF 87 KB] 
  • TRUSTe Web Site Privacy Seal Program [PDF 73 KB] 
  • License Agreement [PDF 435 KB] 

PrivacyBot.com

• Withdrawn on January 10, 2001 and will be resubmitted after obtaining guidance from Commission staff 
• Public Comments on Proposed Guidelines
• Application Materials / Text of Proposed Guidelines [PDF 3.5MB] 
• Federal Register Notice and Request for Comment [HTML] [PDF 121K] 
• News Release: FTC Seeks Public Comment on First Children's Online Privacy "Safe Harbor" Application (February 28, 2000) 

ESRB Privacy Online, A Division of the Entertainment Software Rating Board (ESRB

• Letter Approving Application of Entertainment Software Rating Board to Serve As A Safe Harbor Program 
• Revised Principles and Guidelines (Final Document) 
• Public Comments on Proposed Guidelines 
• Federal Register Notice and Request for Comment [PDF 223K] 
• Application Materials / Text of Proposed Guidelines [PDF 3.12M] 

Application of the Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc.

"The FTC is seeking public comment on an application for safe harbor treatment under the Rule from the Children's Advertising Review Unit ("CARU") of the Better Business Bureau. The COPPA includes a "safe harbor" provision designed to encourage increased industry self-regulation in this area. Under this provision, industry groups and others may request Commission approval of self-regulatory guidelines that would govern participants' compliance with the Rule. CARU is the second organization to file for approval under the safe harbor provisions. The public comment period will last for 30 days."

• Letter to Children's Advertising Review Unit (BBB) Approving CARU Program [PDF 296K] 
• FTC Safeharbor Website
• Comments due May 30
• Federal Register Notice available at FTC Safe Harbor Program website in PFD

 

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