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COPPA

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COPPA
NameChildren's Online Privacy Protection Act
Enacted1998
Enacted byUnited States Congress
Effective2000
Amended2013
Administering agencyFederal Trade Commission
Related legislationChildren's Internet Protection Act, Family Educational Rights and Privacy Act

COPPA

The Children's Online Privacy Protection Act is a United States federal statute that regulates online collection of personal information from children. Enacted by United States Congress and administered by the Federal Trade Commission, the law intersects with entities such as YouTube, Facebook, Google, and Amazon while influencing technology policy debates involving figures like Jeff Bezos, Mark Zuckerberg, Sundar Pichai, and institutions such as Harvard University, Stanford University, and Massachusetts Institute of Technology. Major legislative moments and enforcement cases have involved agencies and organizations including the Federal Communications Commission, Department of Justice, American Civil Liberties Union, Common Sense Media, and legal firms such as Covington & Burling and WilmerHale.

Overview

The statute establishes rules for operators of websites and online services regarding the collection, use, and disclosure of personal information from children under 13, with requirements implemented through regulatory actions by the Federal Trade Commission and influenced by precedent from cases in federal courts like the United States Court of Appeals for the Ninth Circuit, United States District Court for the Southern District of New York, and the United States Court of Appeals for the D.C. Circuit. Legislative history includes sponsorship and debate within committees such as the United States Senate Committee on Commerce, Science, and Transportation and the United States House Committee on Energy and Commerce, and it has been cited alongside laws like the Children's Internet Protection Act and policy frameworks from international bodies such as the Organisation for Economic Co-operation and Development.

Key provisions require operators to provide clear notice to parents, obtain verifiable parental consent, limit data collection to what is reasonably necessary, and maintain reasonable data security practices. Those provisions reference compliance mechanisms used by corporations such as Disney, Nickelodeon, Mattel, Hasbro, and digital platforms including Apple Inc., Microsoft, Snap Inc., TikTok (ByteDance), and Netflix. Regulatory language has been revised through rulemaking processes involving the Federal Register and influenced by academic analyses from scholars at Yale Law School, Columbia Law School, University of Chicago Law School, and think tanks like the Bipartisan Policy Center. The 2013 amendments expanded definitions and enforcement scope, affecting advertising practices tied to firms such as Walt Disney Company, Comcast, ViacomCBS, Warner Bros., and adtech companies including The Trade Desk, AppNexus (Xandr), and DoubleClick (Google).

Enforcement and Penalties

Enforcement actions are pursued by the Federal Trade Commission and in some instances by state attorneys general such as those from New York (state), California, Texas, and Illinois. Notable settlements and investigations involved companies like Google, YouTube, TikTok, VTech, Snap Inc., SchoolMessenger, and LeapFrog, with penalties and consent decrees negotiated with legal representation from firms like Latham & Watkins and Skadden, Arps, Slate, Meagher & Flom. Penalties can include civil fines, injunctive relief, and mandated audits; maximum statutory fines are enforced under statutes coordinated with agencies such as the Department of Commerce for cross-agency policy. High-profile enforcement has generated commentary from public interest organizations including the Electronic Frontier Foundation and Center for Digital Democracy.

Industry Compliance and Impact

Industry compliance has driven adoption of parental consent systems, age-gating technologies, data minimization practices, and privacy-by-design models by companies such as Meta Platforms, Alphabet Inc., Amazon Web Services, Oracle Corporation, Salesforce, and Adobe Inc.. Educational technology vendors like Kahoot!, ClassDojo, Google Classroom, and Blackboard Inc. modified workflows to align with the law, influencing procurement decisions at institutions such as New York University, Los Angeles Unified School District, Chicago Public Schools, and corporate clients including Walmart and Target Corporation. Trade associations and standards bodies including the Interactive Advertising Bureau, Internet Association, National Retail Federation, and World Wide Web Consortium have developed guidance and technical specifications to assist compliance.

Critics range from civil liberties groups such as the American Civil Liberties Union and Electronic Frontier Foundation to academic commentators at University of California, Berkeley, Princeton University, and Oxford University who argue the law's reach, effectiveness, and unintended consequences—such as overbroad age-gating or reduced child-directed online services—pose policy trade-offs. Litigation and regulatory challenges have addressed issues of free speech under precedents from the Supreme Court of the United States and statutory interpretation involving precedents like Reno v. ACLU and administrative law doctrines established in cases such as Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.. State-level actions and industry lawsuits have tested enforcement boundaries in jurisdictions like California, New York (state), and Florida.

International Influence and Comparisons

The statute has influenced data protection regimes abroad, stimulating policy dialogues with the European Commission and contributing to comparative frameworks alongside the General Data Protection Regulation of the European Union, the United Kingdom Information Commissioner's Office, the Canadian Privacy Commissioner's Office, and national laws in Australia, Japan, South Korea, and Brazil. Bilateral and multilateral discussions have involved international organizations such as the United Nations, the Organisation for Economic Co-operation and Development, and the International Telecommunication Union, and have informed cross-border enforcement cooperation and model regulatory approaches used by regulators in France, Germany, India, and Mexico.

Category:United States federal privacy legislation