Privacy Advocates Argue for Broader Privacy Protections, Cites COPPA’s Success for Future Legislation

Commemorating the twentieth year since the Children’s Online Privacy Protection Act (COPPA) was signed into law on October 21, 1998, the Hill released an op-ed reflecting on the Act’s passage as the only existing Federal privacy law last week. Kathryn C. Montgomery and Jeff Chester, the writers of the op-ed, advocated for COPPA’s enactment and spearheaded the campaign to have it signed into law. Chester is the Executive Director of the Center for Digital Democracy, while Montgomery is Professor Emerita at American University’s School of Communication in Washington D.C.

The piece presented four key takeaways that the authors believe may be helpful in future policy and legislative efforts regarding online privacy.

First, because the Internet’s business model is centered on collection of personal information to be used for marketing purposes, government regulation was necessary, especially in protecting children’s privacy.

Second, as advocates and policymakers pushed for privacy regulation on the Internet just before the dot.com collapse of the 90’s —with resistance coming from different industries—the advertising business has continued to grow, and the online landscape has remained stable even with the enactment of COPPA.

Third, as the landscape in technology and the digital arena continues to change, enforcement of COPPA still remains to be adaptable and flexible in addressing old and new issues. Congress’ legislative intent for the Act gave COPPA flexibility to address changing business and technological practices, while giving the Federal Trade Commission the authority to create and adjust regulations, and allowing avenues for consumers and advocates alike to make recommendations concerning privacy issues.

Fourth and lastly, since the issue of children’s privacy (in relation to regulation of the tech industry) is an important issue for all Americans, issues on online personal privacy goes beyond party lines, which was evident when Congress enacted COPPA with support from Democrats and Republicans alike. With this, COPPA may be seen as a blueprint on how Congress, together with other policymakers and advocates, can create federal legislation that would protect everyone’s privacy.

For more, you can read the op-ed reflecting on the passage of COPPA in The Hill.

20 Years Young: The History and Maturing of COPPA in a Privacy-Conscious Age

1998: A Concern for Children’s Privacy Was Born From the moment home computers had the capacity to connect to the Internet, children had the ability to use these technologies to access online websites and services. In the 1990s, concerns about children’s privacy and safety online arose amid fears of marketing practices around selling children’s personal information and exposing children’s information to predators. The Children’s Advertising Review Unit (CARU), founded in 1974, has always been on the forefront of safeguarding children’s privacy. CARU is the self-regulatory arm of the children’s advertising industry, tasked with promoting truth in children’s advertising by reviewing and evaluating child-directed ads in all media to ensure they are truthful, accurate and appropriate. CARU also monitors online privacy practices as they affect children. Before there was any legislation on the matter, CARU monitored a burgeoning Internet and observed how children’s privacy and sa...

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