Steven Roosa – The New Final Rule on COPPA:CITP Luncheon Series
Needed Protections or Impending Doom for Kids’ Content?
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The FTC’s new Rule under the Children’s Online Privacy Protection Act (COPPA) becomes effective on July 1, 2013. The new Rule marks a major expansion of the long-arm reach of the FTC, both in terms of the entities subject to COPPA’s requirements as well as what data meets the definition of “Personal Information.” “Personal Information,” under the new Rule, now includes purely technical identifiers that currently enjoy near ubiquitous use in the kid-directed online and mobile space but which, in most cases, will now require parental consent come July 1, 2013. Many of these technical identifiers (e.g., UDID, MAC address, IFA) are currently collected by 3rd parties. As reflected in Commissioner Maureen K. Ohlhausen’s dissenting Statement, the FTC may not even have the requisite statutory authority to reach this 3rd party conduct. This presentation will examine the practical scope of the new Rule, the potential for unintended economic consequences, and the possibility of administrative law litigation to have the new Rule declared ultra vires.
Steven Roosa is a Fellow at CITP, a partner at the law firm of Holland & Knight, and co-chair of Holland & Knight’s Privacy and Data Security Team.