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   Dave Gladney
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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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