| |
Tough
new law promises
to create havoc for kids sites
An abrupt end to
willy-nilly data collection
By Jeremy Schlosberg
The kids’ web market
is in for a big jolt come next month.
On April 21 a new federal law goes into effect that
makes it a criminal act for web sites to collect personal information from
children under the age of 13 without explicit parental consent.
Sites will be breaking the law whether or not
they are knowingly collecting the information; for instance, sites that
allow children access to chat rooms are at risk because once there
youngsters are able to divulge personal information.
This includes web sites that offer email services for children.
Advertisers that track information from children
visiting web sites are also at risk.
This is going to be a setback for marketers who have
for the last few years been exploiting how easy it is on the web to gather
information from children. It has been common practice for kids web sites
to request personal information from children as a prerequisite for
playing interactive games.
"I’d say at least 100,000 sites or more
are affected, and this includes some of the most popular sites on the
net," says Parry Aftab, an internet lawyer who specializes in
children’s issues and author of "The Parent’s Guide to Protecting
Children in Cyberspace."
Not many of these thousands of sites are remotely ready
for the law, she says.
According to the new law, which is called the
Children’s Online Privacy Protection Act (COPPA), parents must give
their consent to web sites either through postal mail or fax, a toll-free
phone , a credit-card number or e-mail that employs an advanced technology
known as a digital signature.
"You’re going to see a big fallout and a huge
change in how things are done," says Aftab.
"In the short term, most of the children’s web
industry is going to have serious trouble."
At this point no one can be quite sure the exact
effect the new law will have on advertising on children’s sites but
Aftab expects a fair amount of chaos.
It certainly won't do them any good, and it could end
up causing them heaps of trouble.
The law appears
to incriminate advertisers who might have information sharing
arrangements with web sites where their ads run, should the web site be
found to be in violation of the new law.
"Advertisers are going to have to change their
tune," says Aftab. "If a web site is sharing information with an
advertisers and if the advertiser is laying a cookie on top of it, they’re
in big trouble."
COPPA was passed in October 1998 and adopted last
October.
The law arose in response to an Federal Trade
Commission survey of children’s web sites in 1998 that determined that
89 percent of children’s sites were collecting personal details from
kids, while only 23 percent of these sites were bothering to ask children
to get permission to allow them to do it.
"This law was only put into place because certain
sites were being pigs," says Aftab. "They were collecting too
much information and doing whatever they wanted with it. The kids were
like marketing experiment of the year."
While most kids sites seem unaware of the new law, there are
a few that say they've prepared for it.
"We’ve been pretty much ready for this for a
while," says Peter Kay, director of new media for Sports Illustrated
for Kids, which runs a popular web site in conjunction with the print
magazine.
Kay says the web site has never registered kids with personal
information, nor has it asked for anything but first names and hometowns
when kids participate in surveys or other interactive features.
About a year and a half ago, Kay says, Sikids.com
experimented with an electronic version of "free trial issue"
postcard that kids could fill out and send in. But when COPPA started
looming on the horizon, he says, they simply stopped.
In more recent weeks there have been more dramatic
stoppages.
In January, NBCi quietly and unilaterally terminated
all email accounts registered to children under 13 on its free email
service Email.com, which is operated jointly by Snap.com and the email
service company Mail.com.
NBCi explains it had no practical way to gather
parental permission and so the only way it could obey the law was to
discontinue offering email to children.
Attorney Aftab says this will become a common first
response.
"I think a lot of companies will just say ‘No
kids.’" This can work if the site doesn’t depend upon children
for its existence.
Among sites that actively seek kid visitors, Aftab
anticipates creative solutions in the long haul. For instance, one way to
get around the problem with chat rooms is to institute time-delay chat,
monitored by the hosting web site to be sure no child is putting personal
information out there.
She also anticipates more web sites offering online
environments that parents can sign up for, and in do doing giving the
required permission for their children up front.
But she expects most sites to be caught off guard.
"A lot of them think they’re in compliance but
they don’t really understand how it works," says Aftab.
-Jeremy
Schlosberg is the senior editor for new media.
|
|