Kids'
Privacy News: Some Good, Some UnclearFebruary 2000 Â Beginning April 21,
when the Federal Trade Commission's final rule implementing the 1998 Children's
Online Privacy Protection Act takes effect, educational publishers on the Web
will take part in what many call a turning point in federal regulation of the
Internet. Since the passage of COPPA, organizations such as ours and Kids
in the Know (which includes us and other education-minded members) have offered
significant input to the FTC. And for the most part the rule - requiring commercial
Web sites and online services to get parental consent when collecting personal
information about children 12 and under - has evolved into a final version that's
livable for those who look upon the Web as a learning tool. (For more details
on parental consent, see next article.) The big gray area remaining is how
COPPA will play out in classrooms and school libraries. As it now reads in the
Federal Register, the rule "does not preclude" schools from acting as
parents' agents in granting consent. Many schools (not all) do seek parents' blanket
permission for Internet use at the beginning of the school year. But the rule
says online operators who have informed a school of their privacy practices "can
presume that the school's authorization is based on the school's having obtained
the parent's consent." "As it's drafted now, we've got kind of
a black hole where no one's responsible," says Aleck Johnson of Leslie Harris
& Associates, a consulting firm working with the Consortium for School Networking
on the issue. "Operators are allowed to assume that if a school tells them
it's OK to collect personal information, it's OK. Schools, however, are not required
to then turn around and get parental consent." Schools may simply choose
not to act in a parent's stead; it's unclear what an operator should do, in that
case. And there's no procedure currently in place to distinguish a school's consent
from a parent's. The FTC has stated that it will provide guidance to the
educational community in a future clarification of the rule. Through Leslie Harris
& Associates, the Consortium is gathering a task force of its members - both
educational associations and commercial operators - to test out hypothetically
how the new regulations will work in a school environment. Its comments will be
filed with the FTC, which has requested the Consortium's input, in March. To
offer input to the CoSN task force, e-mail coppa@cosn.org. |