FTC Chair Talks COPPA

Federal Trade Commission Chairman John Leibowitz said that his agency's key recommendations for updating the Children's Online Privacy Protection Act were expanding the definition of personally identifiable information (PII), and to add cookies to the watch list.

While he pointed out the FTC was still getting comments on its proposals -- the deadline is Dec. 15 -- he signaled his support for expanding the definition of PII to include geolocation information, photos and videos, and for a parental opt-in regime for "persistent IDs" like cookies, so that behavioral advertisers who wanted to target kids would have to get their parent's permission. He was preaching to the choir at a Hill forum on children and teen online privacy. The co-hosts were Reps Ed Markey (D-MA) and Joe Barton (R-TX), the co-chairs of the congressional privacy caucus who co-sponsored do-not-track kids legislation that would limit how kids could be marketed to online, including making behavioral advertising off limits. Their bill, which Rep Markey plugged during the event, would require an opt-in regime for kids and teens, requiring companies to get consent from parents before they collect info from kids and from the teens before they collect their info. It would also allow kids, teens and parents to delete personal info with a so-called "eraser button," define behavioral marketing to kids as inherently unfair and deceptive, which means the FTC could prevent it, and require clear and concise privacy.