The Federal Trade Commission has rejected an effort by several trade groups to delay implementation of the Children’s Online Privacy Protection Act Rule, currently scheduled to take effect on July 1. In voting unanimously to retain the date, the FTC noted that it had given covered entities at least 6 months to prepare for the Rule and that industry had "not raised any concrete facts to demonstrate that a delay is necessary." The new Rule expands the definition of personal information to include geolocation information and persistent identifiers (or cookies), and prevents third-party advertisers from secretly collecting children's personal information without parental consent for behavioral advertising purposes. EPIC joined a coalition of consumer, privacy, and children's advocates in urging the FTC to keep the original implementation date. EPIC also commented in support of both the proposed rule, and a revised version introduced in August 2012. The revised rule follows a report by the FTC finding that many child-directed mobile apps did not disclose their data practices. For more information, see EPIC: FTC and EPIC: Children's Online Privacy.
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Communications Law and Policy
Jerry Kang and Alan Butler