On July 27th, The Progress & Freedom Foundation hosted a Capitol Hill panel discussion entitled “Online Child Safety, Privacy, and Free Speech: An Overview of Challenges in Congress & the States.” The event featured remarks from:
- Parry Aftab, Executive Director, WiredSafety.org
- Todd Haiken, Senior Manager of Policy, Common Sense Media
- Jim Halpert, Partner, DLA Piper
- Berin Szoka, Senior Fellow, The Progress & Freedom Foundation
We’ve just released the transcript of the event, which I have also pasted down below the fold in a Scribd document reader. Also, the audio for this event can be heard by clicking below:
Download mp3
Here is the full event description: Continue reading →
Adam Thierer & I have just released a detailed examination (PDF) of brewing efforts to expand the Children’s Online Privacy Protection Act of 1998 to cover adolescents and potentially all social networking sites—an approach we call “COPPA 2.0.”
As Adam explained on Larry Magid’s CNET podcast, COPPA mandates certain online privacy protections for children under 13, most importantly that websites obtain the “verifiable consent” of a child’s parent before collecting personal information about that child or giving that child access to interactive functionality that might allow the child to share their personal information with others. The law was intended primarily to “enhance parental involvement in a child’s online activities” as a means of protecting the online privacy and safety of children.
Yet advocates of expanding COPPA—or “COPPA 2.0″—see COPPA’s verifiable parental consent framework as a means for imposing broad regulatory mandates in the name of online child safety and concerns about social networking, cyber-harassment,
etc. Two COPPA 2.0 bills are currently pending in New Jersey and Illinois. The accelerated review of COPPA to be conducted by the FTC next year (five years ahead of schedule) is likely to bring to Washington serious talk of expanding COPPA—even though Congress clearly rejected covering adolescents age 13-16 when COPPA was first proposed back in 1998.
We’ll discuss some of the key points of our paper in a series of blog posts, but here are the top nine reasons for rejecting COPPA 2.0, in that such an approach would:
- Burden the free speech rights of adults by imposing age verification mandates on many sites used by adults, thus restricting anonymous speech and essentially converging—in terms of practical consequences—with the unconstitutional Children’s Online Protection Act (COPA), another 1998 law sometimes confused with COPPA;
- Burden the free speech rights of adolescents to speak freely on—or gather information from—legal and socially beneficial websites;
- Hamper routine and socially beneficial communication between adolescents and adults;
- Reduce, rather than enhance, the privacy of adolescents, parents and other adults because of the massive volume of personal information that would have to be collected about users for authentication purposes (likely including credit card data);
Continue reading →
I’m intrigued by this new bill that Rep. Peter King has introduced to prevent video voyeurism. H.R. 414, the “Camera Phone Predator Alert Act” finds that “children and adolescents have been exploited by photographs taken in dressing rooms and public places with the use of a camera phone.” To remedy this problem, King’s “Phone Predator Alert” bill would require that:
any mobile phone containing a digital camera that is manufactured for sale in the United States shall sound a tone or other sound audible within a reasonable radius of the phone whenever a photograph is taken with the camera in such phone. A mobile phone manufactured after such date shall not be equipped with a means of disabling or silencing such tone or sound.
In other words, cameras would have to get noisy again! Old timers will recall the days when our cameras were noisier than a box of rocks. Today’s digital cameras and camera phones, by contrast, are increasingly silent, but that also opens up the door to potential abuse by some creeps out there. While I don’t believe there’s evidence pointing to a national epidemic of digital voyeurism, there’s no doubt that some people — including many youngsters — are having their privacy invaded in this fashion.
I find King’s solution at once to be both ingenious and futile. It’s ingenious in that, if we could truly force it upon everyone, it might actually go along way towards solving this problem. The noisy camera would again act as the prime deterrent to such an act.
Continue reading →
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.