DWT Pre-Publication Advisory Explains Import of Proposal

Now that it has appeared in the Federal Register, be sure to check out our advisory discussing the Federal Trade Commission’s (FTC) Supplemental Notice of Proposed Rulemaking in its Children’s Online Privacy Protection Act (COPPA) rule update proceeding.  The Supplemental Notice, part of the FTC’s effort to have the COPPA rule reflect technological developments and more recent online practices like social networking, smartphones, and location-based information, proposes to augment, clarify, and both expand and restrict rule changes proposed in the FTC’s September 2011 rulemaking notice (which we discussed in a prior post at the time it was released).

The Supplemental Notice changes would affect the inclusion of persistent identifiers as “personal information,” data collected by plug-ins, software downloads, or advertising networks, and websites that may not be directed to children but are likely attract children under 13.  Read about these and the other implications of the proposed further changes to the rule’s definitions of “personal information,” website and online service “operators,” and websites and services “directed toward children,” here.