Several federal statutes, including the Children's Online
Privacy Protection Act (COPPA) and the Family and Educational
Rights and Privacy Act, currently regulate the collection and
disclosure of information about children or students. If passed,
the Children's Listbroker Privacy Act would be the first law to
restrict the dissemination and use of that information.
In particular the Act would prohibit anyone from selling,
buying, licensing, renting or leasing personal information about a
person known to be under 16 years of age, and would give the
Federal Trade Commission and state Attorneys General the power to
prosecute violators.
The legislation would also allow for information to be
disseminated with expressed parental consent or when the buyer
certifies that the information is being obtained for a strictly
non-marketing purpose, such as advising children of scholarship
opportunities.
The Children's Listbroker Privacy Act was introduced into the
Senate in March by Senators Ted Stevens and Lisa Murkowski, both
from Alaska, and Senator Ron Wyden of Oregon. It is likely to be
referred to the Senate Committee on Commerce, Science and
Transportation.
According to Senator Stevens, "The constant barrage of messages
on our nation's young people, particularly our children is a
problem. Companies should not be compiling personal information
about kids the way they already do about adults. It is a gross
invasion of privacy that must be stopped".
"Children are far more susceptible to advertising messages and
also are far more willing than adults to give out personal
information, especially if it is required for them to gain access
to internet sites they want to see. Children clearly are in need of
protection from callous marketers who solely want to bombard them
with unwanted solicitations," added Senator Murkowski.
The Bill was introduced into the House of Representatives on
July 22nd by Congresswoman Darlene Hooley of Oregon and has now
been referred to the House Committee on Energy and Commerce.
