COPPA Compliance: Need someone who knows the law..

[Tristan Perry]

Hello,
I've got 1.1 Beta installed on my forums, and have disallowed registration of under 13 year olds, much to the dismay of my forum members. I don't want to do it, although the COPPA law seems like I have to obey it.. even though I live in the UK.. I'm a 15 year-old who lives in Wales- do I have to follow this annoying American law? If so, is there anything I could put in the registration agreement that'd let me by-pass this law? I know this law applies to american under 13-year olds, am I, as a webmaster who 'collects personal information' from under 13-year olds at risk here, or can I ignore this?
Thanks, I'd appreciate any help,
Tau Online

[ryanbsoftware]

you have to follow it...or just block the entine ip range comming from the us to make sure nobody from the us gets in then since its only us reg and us can't acccess your site you wouldn't have to follow it...lol...but with written permission from a legal parent or guardian then you can collect that info, i belive their is a cetin COPPA form they would fill out and email or fax it to you...

[Burpee]

I don't think you should have to worry about US laws if your country doesn't have them as well. If the server is located in England, you have nothing to worry about, but even if it's not, I don't think there's anything to worry about.
I'm not too familiar with the COPPA but to be honest I don't really think that US laws apply to the whole world.

[ryanbsoftware]

if i am 12, i am in the us, i CANNOT give personal info to any website no mater where its located without signed parental permission, people inthe uk who are 12 don't have to follow that though, but thats the thing with websites, they can be accesses almost anywhere, he cannot take such info from someone who is 12 and in the us without a COPPA form signed by his/her legal parent or guardian....

[Thantos]

http://www.coppa.org/coppa.htm

(2) OPERATOR.—The term "operator"—

(A) means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce—

Bolding mine

[ryanbsoftware]

the term operator means:

*any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service

*on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce—

most of us would fit withing the bolded one...

[Thantos]

You have to read the entire defination.  Its the second part that is the important part.  The webiste has to be commerical.

[ryanbsoftware]

no its an example, it doesn't have to be commercial, its just saying commercail sites are included.

[Thantos]

No its not.  It's defining the term.  Its all one sentance.  Read the entire act.  You will see it's directed towards commerical sites.  It says it plainly

where such website or online service is operated for commercial purposes,

[ryanbsoftware]

its not just commercial site...if it was...

some kidnapper could start up a game website, when yyou register to play the games he gets your address, phne number, age, name, ect....when you go missing the only thing he wouldl be charged with is kidnapping?  a nice violation of COPPA would keep him in prision longer wich is a good thing, so it makes no sense for it to only be commercial sites....thats just one type of site, it may be sone sentence but to examples of sites...

[Thantos]

Well I've shown my proof by quoting the exact definition out of the act.  If you choose not to accept it thats your problem.

If you think it covers non commerical sites quote me the entire section out of the bill.

[ryanbsoftware]

Well I've shown my proof by quoting the exact definition out of the act.  If you choose not to accept it thats your problem.

If you think it covers non commerical sites quote me the entire section out of the bill.

your so called proof was wrong, i showed you it was two seperate parts....one of wich does cover commercial sites...

[Thantos]

A definition from the act can not be wrong.  It's a definition!

[ryanbsoftware]

A definition from the act can not be wrong.  It's a definition!

it can be misinterpreted....

thats just one definition....

[kegobeer]

I contacted the FTC and talked to a nice woman named Christina, who clarified this for me.  If the server hosting the site is in the US, or the person operating the website is a US citizen, the COPPA applies.  Otherwise, it does not.

[ryanbsoftware]

but it applies to all us sites not just commercial sites right?

[kegobeer]

The original question was whether or not the COPPA applies to someone in the UK, which it does not.  I didn't ask about the commercial aspect.  However, I agree with Mike that the definition of "operator", when read in its entirety, is indeed talking about commercial/sales aspects and not a personal site.  If you read the entire act, there are further definitions about what a website is:

(10) WEBSITE OR ONLINE SERVICE DIRECTED TO CHILDREN.—

(A) IN GENERAL.—The term "website or online service directed to children" means—

(i) a commercial website or online service that is targeted to children; or

(ii) that portion of a commercial website or online service that is targeted to children.

Again, references are made to commercial websites targeting children.  There are also excpetions when consent from a parent isn't required:

(E) the collection, use, or dissemination of such information by the operator of such a website or online service necessary—

(i) to protect the security or integrity of its website;

(ii) to take precautions against liability;

(iii) to respond to judicial process; or

(iv) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. 1815

I'm of the opinion that this act doesn't really apply to non-commercial sites, especially personal forums.  If legal action is taken against someone, lawyers on both sides would use more than just the COPPA.

If you want further clarification, you can call 1-877-FTC-HELP (382-4357).

[ryanbsoftware]

1. why just commercial?  it makes no sense

2. if it is just commercial, what is concitered commerical?

[TXSherry]

Ryan,

I don't know why the law was created thusly, however, as MikeMill stated it does only apply to commercial sites.  For the why of it you'll have to contact your congressman  

It's just that bit of legalize.   "You must do this and this where this applies."  means the first part of the clause is only in effect when the second part is true.

[ryanbsoftware]

Ryan,

I don't know why the law was created thusly, however, as MikeMill stated it does only apply to commercial sites.  For the why of it you'll have to contact your congressman  

It's just that bit of legalize.   "You must do this and this where this applies."  means the first part of the clause is only in effect when the second part is true.

actaully it staes that commercial sites must follow it but it dosen;t say ONLY commercial sites....