Tag Archives: Children’s Privacy

From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings

On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online services. Reflecting the FTC’s recent focus on privacy and security concerns related to the Internet of Things (IoT), the nonbinding Enforcement … Continue Reading

Mobile Ad Co Settles with FTC Over Allegations of Deceptive Geolocation Tracking And Children’s Privacy Violations for $4 Million

On June 22, 2016, mobile advertising company InMobi Private Ltd. settled Federal Trade Commission (“FTC” or “Commission”) claims of violations of Section 5 of the FTC Act, and the Children’s Online Privacy Protection Act and Rule (COPPA), for $4 million.  The violations of COPPA supported the monetary penalty since, unlike Section 5, COPPA provides for … Continue Reading

Mobile Apps That Appeal to Children Face Increased Regulatory Scrutiny

In September 2015, the Online Interest-based Advertising Accountability Program (Accountability Program) of the Advertising Self-regulatory Council (ASRC) began enforcing the Digital Advertising Alliance (DAA) Guidelines for Mobile Advertising (Mobile Guidance) and now the inevitable has happened: the Accountability Program has issued three compliance decisions with mobile app publishers whose apps allegedly failed to comply with … Continue Reading

FTC Prosecutes Serving of Behavior Ads on Kids’ Apps

The Federal Trade Commission reminded publishers and advertisers recently that the Children’s Online Privacy Protection Act (COPPA) prohibits data collection, absent verified parental consent, for behavioral (interest-based) advertising on websites or mobile apps directed at children under 13. App publisher TapBlaze paid $60,000 and entered into a 20-year consent (available here) to settle charges. The revised … Continue Reading

Yikes, Yelp! Targeted In FTC’s Stepped Up Enforcement of Children’s Privacy – General Audience Services Take Heed

Signaling a predicted renewal of enforcement of the federal children’s privacy law following broad expansion last year of who and what is covered by the rules, the FTC has filed and settled two recent law suits against mobile app publishers, resulting $750,000 in civil penalties. Most noteworthy is that only one of the two is … Continue Reading

California’s New “Eraser Button” Law Allows Regretful Teens to Remove Embarrassing Internet Postings

Authored by: Charles K. Shih California became the first state to sign into law a bill that requires websites and apps to provide an “eraser button” to its users under the age of 18.  The law, S.B. 568 signed by California Governor Jerry Brown, has two main elements.  First, it requires Internet companies to provide … Continue Reading

New COPPA Requirements for Mobile Apps and Websites Now in Effect

Authored by: Benjamin Pergament On June 3, 2013, BakerHostetler’s IP Intelligence: Insight on Intellectual Property blog wrote about the new COPPA requirements coming into effect starting July 1, including a variety of requirements intended to keep up with advances in technology and how children interact with mobile apps and websites. These have now come into … Continue Reading

Legal concepts every social media marketer should know: Part II — Rules of the road for online advertising

Editor’s Note: This blog post was originally published on August 26, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in … Continue Reading

Legal concepts every social media marketer should know: Part I — Consumer privacy

Editor’s Note: This blog post was originally published on August 12, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. There are three things a social media website operator or digital marketer probably hates to hear most before  launching an online ad campaign: 1. Can you make … Continue Reading

Mobile Apps and Websites Face New COPPA Requirements Starting July 1

Authored by Benjamin D. Pergament In one month, on July 1, 2013, the Federal Trade Commission’s most recent amendments to its Children’s Online Privacy Protection Act Rule (“COPPA Rule”) will go into effect. These changes include a variety of requirements intended to keep up with advances in technology and how children interact with mobile apps … Continue Reading

FTC Announces New COPPA Enforcement Action & Mobile Privacy Staff Report

At a press conference this morning, outgoing FTC Chairman Jon Leibowitz announced an $800,000 settlement of its recent enforcement action against Path, the operator of a social networking app. The Path mobile app allowed users, including children, to create and share journals across their social network. The FTC had alleged violations of the Children’s Online … Continue Reading

FTC Amends Its COPPA Rule to Protect Children Online After Technology Advances In Gathering Their Personal Information

Technology advances often help consumers do things quicker or easier.  For regulators and law enforcers, such advances often present challenges in keeping laws and regulations up to date. The latest example is amendments announced by the Federal Trade Commission (“FTC”) on December 19, 2012, to update its Children’s Online Privacy Protection Act (“COPPA”) Rule, which … Continue Reading

Rep. Markey to Data-Brokers: Let’s Start with Kids, Then Tackle Data Privacy for the Rest

In a briefing convened by the Congressional Bi-Partisan Privacy Caucus December 13, 2012, co-chairs Ed Markey (D-MA) and Joe Barton (R-TX) tried to advance their agenda of enhancing children’s online privacy in the context of exploring the scope and practices of “data-brokers.” Panelists included credit bureaus, marketing companies, FTC Commissioners, and privacy advocates. Markey kicked … Continue Reading

FTC Launches Investigation of Children’s Mobile App Compliance with COPPA; Continues to Study “Comprehensive” Data Collection

Monday, on a call with reporters to discuss the findings of its second survey of kids mobile device applications, attorneys with the Federal Trade Commission (1) called on industry – app developers, app stores, and third party recipients of collected data – to improve privacy disclosures; (2) said it is developing consumer education material in … Continue Reading

FTC Proposes Updating COPPA Rules to Address Mobile Technologies and Current Digital Advertising Practices in Gathering and Using Information from Children Under 13

The Children’s Online Privacy Protection Act (“COPPA”) was passed by Congress at the end of the last century to add protections when an internet site sought to collect “personally identifiable information” (“PII”) from children under 13. The Congress directed the Federal Trade Commission to issue Rules to implement the Act, which it did. Now the … Continue Reading

FTC Issues Final Report with Guidance on Companies’ Online Privacy Practices

Fifteen months after releasing its preliminary report, the Federal Trade Commission released its final Report, “Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Business and Policymakers.”  The much anticipated final report went further than the preliminary report by now calling for Congress to enact general privacy, data security and breach … Continue Reading

Key Government and Industry Leaders Discuss Data Privacy at IAPP Summit

Last week in Washington, DC, officials from the U.S. Federal Trade Commission, the Department of Commerce, major trade associations and key stakeholders from around the world gathered at a global privacy summit convened by the International Association of Privacy Professionals.  During the two day conference, panels covered a broad range of topics from mobile device … Continue Reading

Online Privacy and Data Security Legislation Update — 2011 Year in Review

The end of 2010 featured the Department of Commerce citing the need for a Privacy Bill of Rights in its green paper and the FTC's preliminary online privacy report discussing the need for a Do Not Track mechanism. The momentum generated by these reports led to the introduction of multiple versions of Do Not Track and comprehensive privacy rights bills in early 2011. By mid-2011, at least five different data security and breach notification proposals were circulating in the wake of high profile data breaches. Reports about location based tracking led to the introduction of geolocation privacy and surveillance bills. Proposed amendments to the Children's Online Privacy Protection Act, Electronic Communications Privacy Act, and Video Privacy Protection Act were also made. And by the end of 2011, several cybersecurity bills designed to protect critical infrastructure had been introduced. Even though Congress held hearings on privacy issues, subcommittees approved several bills, and there was support from the Obama administration for comprehensive privacy legislation, as many expected, however, none of these bills were enacted when the first session of the 112th Congress adjourned December 18. The safe prediction for 2012 is more of the same--a lot of proposals but no consensus. It is certainly possible that another high profile data breach or cyberattack against a utility or government contractor could create enough urgency to force a consensus. However, numerous high profile breaches (Epsilon, Sony, Citi, RSA, Lockheed Martin and several health care providers), hactivist attacks against government security contractors (IRC Federal and HBGary), and reports about how the "weaponized" Stuxnet virus caused centrifuges in an Iranian nuclear facility to spin wildly out of control were not enough in 2011. We certainly expect to see data breach notification, comprehensive privacy, and cybersecurity bills addressed again in 2012. We may also see narrower bills aimed at online and location based tracking as well as Children's privacy. Emerging technology, including mobile payments and facial recognition, may also garner legislative attention. Below is a round-up of the 2011 privacy and data security legislative proposals, including links to more detailed analysis from our blog posts during the year.… Continue Reading

Focus on Advertising to Children

The Interagency Voluntary Working Group on Food Marketed to Children released Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts to improve the nutritional profile of foods marketed to children in April 2011.  Today, FTC Commissioner David Vladeck addressed 12 myths about the recommendations, including: (1) providing reassurance that the guidelines do not provide a … Continue Reading

Mobile App and Geolocation Data Roundup

A recent national survey of smartphone users, not surprisingly, revealed that privacy, transparency, choice, and control are important considerations for users.  Indeed, many users indicated that they want more choices and easier access to controls regarding advertising tracking and geolocation data.  Legislators and consumer advocacy groups are taking heed. On May 10, 2011, the Senate … Continue Reading
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