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856-241-7772
dgladney@AEPweb.org
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Speaking Out to the FTC: We Advocate Extending COPPA's
Sliding Scale
December 2001
It's hard to believe it's been almost two years since
the Federal Trade Commission's rule set in motion the Children's
Online Privacy Protection Act. But indeed, as the rule's initial
period draws to a close, in April 2002, so does the time in which
some Web operators ? including most educational providers ? were
allowed to use less stringent methods when obtaining personal information
about children under the age of 13. When the FTC solicited comment
recently on a proposal to extend that provision for another two
years, AEP submitted a brief yet strong response, encouraging the
Commission to allow the more flexible approach indefinitely. (Read
our comments.)
The so-called "sliding scale" provision granted that extra
bit of slack to those who collected information for internal use
only. It allowed use of an e-mail permission from the parent, which
the operator was to follow up with an additional request for confirmation
via e-mail, phone, or postal mail. But that provision was to be
temporary, as the FTC expected that "more reliable" methods
of getting consent ? such as use of a credit card, a digital certificate,
or a PIN or password ? would become more affordable and more widely
available. With two years passed and the secure methods having progressed
no further, many major groups, including the Software & Information
Industry Association and the Magazine Publishers of America, also
have advocated an indefinite, or even permanent, extension of the
sliding scale.
Typical of the member input we received was this, from Garry Myers
of Highlights for Children: "We have already invested
many thousands of dollars in developing a way to allow parents to
register their children on our site, and any change in the rule
which would require a change in procedure would add more to a cost
that is already very difficult to justify. There is no evidence
that we know of that suggests that the current system is not achieving
its objectives." To further tighten the requirements, Myers
added, not only would add cost for those who are trying to serve
kids, but also would narrow the playing field, making it more difficult
for new players to enter the education market.
For our part, AEP always has supported balancing children's
right to privacy with their freedom to pursue educational experiences
online. In our first comments to the FTC about COPPA, in June of
1999, we pointed out, "Parents and educators regularly encourage
children to combine reading and writing with active citizenship."
And in the last couple of years, writing an e-mail letter to the
editor, or an online review of a book, has become an even more regular
part of active learning. As we stated most recently to the FTC,
we believe the current sliding-scale system has achieved its aims:
It is workable for publishers, and has sufficiently protected children.
About AEP
AEP, a national, nonprofit organization, represents, supports and
promotes the publishers of supplemental educational resources, key
tools for reading and learning at school and at home. Its membership
includes the giants of the supplemental education industry, and
spans the gamut from magazines to television channels, books to
interactive computer software and CDs. Please visit www.AEPweb.org
for more information.
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©
2008 The Association of Educational
Publishers
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