Internet Groups, Telcos Object to Enhanced COPPA Rules
Debate intensified over the FTC’s proposed regulatory expansion of the Children’s Online Privacy Protection Act (COPPA) as trade organizations submitted comments. In March, the agency said that the rapid evolution of technology since COPPA’s implementation in 2000 called for a thorough re-evaluation of the Act and the possible modification of some of its rules. More than 20 trade associations and technology advocacy groups have since commented on the proposed rule changes, largely insisting that the current regulations sufficiently protect young users of the Web.
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A major point of contention for some groups was the proposed restrictions on Internet usage policies for users over the age of 12. While limited commentary suggested the need for greater regulatory control over Internet users 13 and older, some advocacy groups and telecom providers said such an expansion would unnecessarily burden their resources and could inadvertently restrict privacy and free speech online. Associations including the Center for Democracy and Technology, Progress and Freedom Foundation and Electronic Frontier Foundation said the operational and fiscal burdens of the proposed rule expansion could create a barrier to entry for operators of new websites and services. Instead of widening COPPA’s existing age restrictions, they largely suggested the FTC encourage increased education, enhanced content filtering and better enforcement of the existing regulations.
Expanded FTC regulation over the personal information websites collect from children was also objectionable for some associations. The NCTA said that it would be too difficult and cost prohibitive to require parental consent on websites that collect personal information items such as user names, ZIP Codes, birth dates, IP addresses and mobile geolocation information, among others. The unfettered collection of such information from children does not undermine their safety or privacy and actually enables cable and telecom companies to enhance the content and services their websites provide to children, it said.
Wireless groups objected to the FTC’s proposed regulatory expansion over Internet-connected wireless devices and gaming systems. CTIA said SMS text messaging shouldn’t be subject to COPPA regulations. Text messages are transmitted across the networks of wireless service providers, not the Internet, and thus COPPA regulations should not apply, said CTIA. The conditions under which wireless providers can provide SMS text messages are already subject to regulations under the Telephone Consumer Protection Act, said CTIA. Further regulation by COPPA could create conflicts with existing regulations, it said. Although mobile and wireless access to the Internet was not as prevalent at the time of COPPA’s passage a decade ago, the association said that there is no current need to include mobile devices that now offer wireless access to the Internet and third party applications. COPPA would overstep its bounds if it began regulating the platforms through which people access the Internet such as they do now on mobile devices, it said. Instead, the FTC should focus on the obligations of Internet content providers to keep children safe, CTIA said.
The FTC said Friday that it would extend its 90-day comment period for the COPPA rule review to July 12. The commission approved the extension after it acknowledged a technical error on the FTC’s website that mistakenly said comments would be accepted until that date.