FTC Seeks Comments Regarding Potential Updates to COPPA

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The Federal Trade Commission (the “Commission”) is seeking comments on potential updates to its implementation of the Children’s Online Privacy Protection Act (together with its implementing regulations, COPPA). The request for public comment can be found here. In a press release, the Commission explained that it is considering updates to COPPA due to “continued rapid changes in technology.”

The Commission is requesting comments on a wide range of issues related to COPPA, including:

  • How COPPA has affected the availability of online services directed to children.
  • Factors to be considered in determining whether an online service is directed to children.
  • The implications for COPPA enforcement raised by interactive media, such as gaming and chatbots.
  • A potential exception to parental consent for education technology used in schools.
  • Potential modifications to encourage general audience platforms to identify and police child-directed content uploaded by third parties.

Comments are due October 23, 2019. The Commission will hold a public hearing to review COPPA on October 7, 2019.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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