 CyberAngels
The Worldwide Online Safety and Education Program
of The Guardian Angels
www.cyberangels.org
Parry Aftab, Executive Director
Parry@cyberangels.org
201-845-0100
June 11, 1999
Via E-Mail
Secretary
Federal Trade Commission
Room H-159
600 Pennsylvania Avenue
Washington, D.C. 20580
RE: Children's Online Privacy Protection Rule -- Comment, P9945904
Cyberangels, one of the largest online safety and education programs in cyberspace,
submits these comments regarding the Federal Trade Commission's Notice of Proposed
Rulemaking to implement the Children's Online Privacy Protection Act of 1998.
Our primary focus is with the safety and enforcement aspects of the proposed Rule.
Accordingly, please note the following comments:
Response to Question 1 -- General Question
DEFINITION SECTION -- 312.1
The definition of Aonline contact information@ should be expanded to expressly include screen names in channels,
such as ICQ and instant messaging user identifiers. These are being used more and more
frequently as the mechanisms for communicating online.
(This is also in response to Question 4, re the definition of personal
information). The definition within personal information should expressly include Aonline contact
information@
as defined in the Rule (with the modification suggested herein above), since that might be
different from an e-mail address. We also suggest that school name be added to the list of
personal information.
The Rule states, based on the statute, that address information includes street name
and name of city or town. However, even just the name of the town could be sufficient for
physical contact, if other information about the child was obtained -- for example, a
photograph of the child and/or the child's family. Thus, the Rule should make clear that
personal information includes photographs or other physical descriptions/depictions that,
when coupled with other information, permits physical contacting. The Rule should also
provide that personal information includes home, school or other physical address, or any
portion thereof, that, when coupled with other information, permits physical or online
contacting.
SECTION 312.5 -- PARENTAL CONSENT
(This is also in response to Question 19, re the exception from consent when a
child's safety is at issue). 312.5(c)(4) permits an operator to collect certain
personal information from a child Ato the extent reasonably necessary to protect the safety of a child
participant.@
This language is consistent with the statute, and serves the broad purpose of protecting
children. However, the section then inadvertently narrows the scope of that exception, in
subsection (i), by limiting the use of the information to protect Athe@ child's safety -- thus
equating the child whose contact information is collected with the child whose safety is
in danger. In many circumstances, however, other children may be in danger (or adults,
when violence is threatened). This unfortunate limitation can be rectified by substituting
Aa child@ or Aa person@ for Athe child@ in 312.5(c)(4) -- and
the same change should be made in 312.4(c)(1)(iv)(A) (Ato protect the safety of
a child participating on the website or online service@).
Very truly yours,
PARRY AFTAB
Executive Director
PA/es |