Children's Online Privacy Protection Rule

FEDERAL TRADE COMMISSION

16 CFR Part 312

Children's Online Privacy Protection Rule

AGENCY: Federal Trade Commission.

ACTION: Public workshop on proposed regulations implementing the

Children's Online Privacy Protection Act.

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SUMMARY: On April 27, 1999, the Commission published a Federal Register

document seeking public comments on its proposed regulations under the

Children's Online Privacy Protection Act. As part of its review of the

issues raised by the comments in preparation for publishing final

regulations, the Commission has scheduled a public workshop to obtain

additional comment regarding the issue of appropriate mechanisms for

obtaining verifiable parental consent under the regulations. Today's

Federal Register document outlines the topics to be discussed at the

workshop and the procedures to be followed by those who wish to

participate in the workshop.

DATES: Requests to participate in the workshop must be submitted by

July 6, 1999. The workshop will be held on July 20, 1999, at the

Commission's headquarters at 600 Pennsylvania Ave., NW., Washington,

DC.

ADDRESSES: All requests to participate should be sent either to the

Office of the Secretary, Federal Trade Commission, Room 159, 600

Pennsylvania Avenue, NW., Washington, DC 20580, or by e-

[[Page 34596]]

mail to [email protected]>. Requests should include the requestor's

name, affiliation, if any, address, telephone number and, if available,

FAX number and e-mail address. All requests should be captioned

``Children's Online Privacy Protection Rule--FTC File No. P994504.''

FOR FURTHER INFORMATION CONTACT: Toby Milgrom Levin, Attorney, Federal

Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580,

telephone 202-326-3156, e-mail [email protected]>; Loren G. Thompson,

Attorney, Federal Trade Commission, 600 Pennsylvania Avenue, NW.,

Washington, DC 20580, telephone 202-326-2049, e-mail

[email protected]>; or Jill Samuels, Attorney, Federal Trade

Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580,

telephone 202-326-2066, e-mail [email protected]>.

SUPPLEMENTARY INFORMATION:

I. Background

On April 20, 1999, the Commission issued proposed regulations

implementing the Children's Online Privacy Protection Act (COPPA), 64

FR 22750, April 27, 1999. Of particular importance is the COPPA

requirement that, with certain exceptions, websites obtain ``verifiable

parental consent'' before collecting, using, or disclosing personal

information from children. Section 312.5 of the proposed rule sets

forth this requirement along with the following performance standard:

An operator must make reasonable efforts to obtain verifiable

parental consent, taking into consideration available technology.

Any method to obtain verifiable consent must be reasonably

calculated, in light of available technology, to ensure that the

person providing consent is the child's parent. (64 FR 22756)

In its discussion of this section, the Commission identified a

number of methods an operator might use to obtain verifiable parental

consent, including a print-and-send form signed by the parent and

mailed or faxed to the website; a credit-card transaction initiated by

the parent; a call made by the parent to a toll-free number; or an e-

mail accompanied by the parent's valid digital signature. The

Commission also solicited comment on whether there are other e-mail

based mechanisms that could provide sufficient assurance that the

person providing consent is the child's parent. (64 FR 22756, 22762)

The Commission received over 120 comments on the proposed

regulations.\1\ A significant number of those comments addressed the

issue of verifiable parental consent. The Commission has concluded that

a workshop will afford Commission staff and interested parties an

opportunity to explore appropriate mechanisms for obtaining verifiable

parental consent. The Commission will consider the views and

suggestions made during the workshop, in addition to the written

comments received, in formulating its final regulations on this topic.

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\1\ The comments are available for viewing at the Commission's

headquarters, 600 Pennsylvania Ave., NW., Room 130, Washington, DC

20580. They are also available on the Commission's website at

http://www.ftc.gov>.

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II. Date, Time and Location of Workshop

The one-day workshop will be held in the FTC headquarters building,

600 Pennsylvania Avenue, NW., Washington, DC, on July 20, 1999.

III. Workshop Sessions

The workshop will be divided into three sections designed to elicit

further information regarding mechanisms for verifiable parental

consent. The first session will be a discussion of websites' actual

experiences with regard to obtaining ``verifiable parental consent.''

The second session will explore the availability and adequacy of e-mail

based mechanisms designed to provide verifiable parental consent. The

third session will examine other technologies and services that are

available or under development to implement the verifiable parental

consent requirement.

Session I: What methods are websites currently using to obtain

``verifiable parental consent?''

(a) Do these methods comply with the requirements of the statute

and the proposed rule for verifiable parental consent, i.e., do they

provide sufficient assurance that the person providing the consent is

the child's parent?

(b) What are the costs and/or benefits to parents and to websites

of these methods?

Session II: Do e-mail based mechanisms comply with the requirements

of the statute and the proposed rule for verifiable parental consent,

i.e., do they provide sufficient assurance that the person providing

the consent is the child's parent?

(a) What e-mail based products or services are currently available

or under development that websites could use to obtain verifiable

parental consent?

(b) What are the cost and/or benefits to parents and to websites of

such products or services?

Session III: Are these examples of other technologies, products, or

services that websites can use to obtain verifiable parental consent?

(a) What other technologies, products, or services are available or

under development that websites could use to obtain verifiable parental

consent?

(b) What are the costs and/or benefits to parents and to websites

of such products or services?

IV. Request To Participate

Parties interested in participating in the workshop must file a

request to participate by July 6, 1999. The request should specify the

workshop sessions in which the requester seeks to participate. Parties

who wish to participate in the workshop but did not submit written

comments should submit a short statement of their views. If the number

of parties who request to participate in the workshop is so large that

include all requesters would inhibit effective discussion among the

participants, Commission staff will select as participants a limited

number of parties to represent the relevant interests. Selection will

be based on the following criteria:

1. The Party submitted a request to participate by July 6, 1999.

2. The party's participation would promote the representative of a

balance of interests at the workshop.

3. The party's participation would promote the consideration and

discussion of the issues presented in the workshop.

4. The party has expertise in issues raised in the workshop.

5. The party adequately reflects the view of the affected

interest(s) which it purports to represent.

If it is necessary to limit the number of participants, those who

requested to participate but were not selected will be afforded an

opportunity, if at all possible, to present statements during a limited

time period at the conclusion of one or more sessions. The time

allotted for these statements will be based on the amount of time

necessary for discussion of the issues by the selected parties, and on

the number of persons who wish to make statements.

Requesters will be notified as soon as possible after July 6, 1999

if they have been selected to participate.

By direction of the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 99-16399 Filed 6-25-99; 8:45 am]

BILLING CODE 6750-01-M