The following is new. I am considering it “COPPA (Law) 3.0” not to be confused with the Rule update in 2013.
The following was introduced 02/24/2015 by Sen. Menendez, Robert [D-NJ].
S. 547 “To establish a regulatory framework for the comprehensive protection of personal data for individuals under the aegis of the Federal Trade Commission, to amend the Children’s Online Privacy Protection Act of 1998 to improve provisions relating to collection, use, and disclosure of personal information of children, and for other purposes.”
This is COPPA (Law) 2.0 trying to come back to life after dying in committee. COPPA 2.0 expanded a law (COPPA 1.0) that wasn’t being enforced. If you want to protect children you should pass a bill or speak to the Commissioners to find out why there are so few enforcement actions then get the FTC to get their hands dirty. The FTC told me that the Commission has averaged 1.6 enforcement actions per year since the turn of the century. Mine estimate is lower probably due to the time between when the law was passed and when enforcement began.
The kitchen sink is present in this bill. Maybe that’s good. Maybe it will protect kids. But adding words, new restrictions and punishments does not help kids and less it is there are more prosecutions. The Commission has told me they are working to educate sites as their top priority. That’s great but the best way to get a lot of sites and services to wake up to COPPA is show them a significant number of enforcement actions.
The risk of COPPA enforcement actions are like fish in a barrel. The difference is, no one is shooting at the barrel or noodling any fish. It just sits there confident in not hitting the fry pan.
COPPA (Law) 3.0 is dead. I hope I’m wrong but lots of words and no enforcement isn’t going to help children.
I challenge the FTC and Congress to prove me wrong.