October 4, 2000
RE: TRUSTe Safe Harbor ProposalComment, P004505
The authors are attorneys who represent web business, and our particular focus is on the childrens web industry. We represent many members of the childrens Internet industry, which range in size from some of the largest and most popular sites to some of the smallest as well as start-ups. In addition, Parry Aftab is in her own right a child safety and privacy advocate (and author of the book, The Parents Guide to Protecting Your Children in Cyberspace), as well as Executive Director of Cyberangels (www.cyberangels.org). As such, we submit these comments regarding TRUSTes application for Safe Harbor status under 16 C.F.R. 312.10, implementing the Children's Online Privacy Protection Act of 1998 ("COPPA").
We noted only two areas of TRUSTes application that required clarification. The matters that should be clarified are as follows:
2. COPPA requires that new consent be obtained for any "material change" in a sites data collection, use or disclosure practices. See 16 C.F.R. § 312.5(a)(1). The TRUSTe Agreement provisions need to be clarified to make this requirement explicit.
Once these issues are addressed, we urge the Commission to approve TRUSTes application. They have played an important role in helping websites (and consumers) appreciate the importance of online privacy.
Very truly yours,
PARRY AFTAB, ESQ.