[arg_discuss] ARG_Discuss Digest, Vol 22, Issue 3

[David Galiel]

You are both confused, and are confusing readers.

COPA, the "Child Online Protection Act", is an Act designed to prevent
children's exposure to sexually explicit material. It's
constitutionality has been challenged and its enforcement currently
blocked - however, it is important to note that several states have
passed COPA-esque laws of their own. COPA has nothing to do with
disclosing personally identifying information.

COPPA, the Children's Online Privacy Protection Act, is something else entirely.
 It is a set of rules that prohibits collecting personally identifying
information from children 13 or younger without verifiable parental
consent, and it is COPPA that deters MMO developers, social networking
sites and online communities from including children. It is COPPA that
can be a concern for ARGs, if they involve collection of individually
identifying information from participants - for example, member
registration for forums, for prizes, etc. It does not make hosts
liable if legally authorized participants voluntarily disclose
personal information on their own in the course of a discussion with
another member. However, the definition of "personally identifying
information" which hosts cannot collect is quite broad, including
things like "hobbies, interests and information collected through
cookies or other types of tracking mechanisms"

COPPA's constitutionality has not been challenged AFAIK, and it has
been in force since 2000.  It is not a minor rule, pardon the pun.
Xanga.com was fined $1 million by the FTC for collecting information
from minors in violation of COPPA.

The Federal Trade Commission has a helpful site called "How to Comply
With The Children's Online Privacy Protection Rule"
http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.shtm

Important also to note that other nations around the world have
various laws in place governing collection of information from, and
participation of, minors in various online activities and communities.
Since ARG's know no political boundaries, one can be exposed to
liability if minors in these nations are required to disclose
personally identifying information in one's ARG.

Standard Disclaimer: IANAL, you should consult one before considering
any activity that involves minors, no matter how well-intended. But
you can ask any MMO developer why they explicitly exclude the under 13
crowd in their TOS and you'll get the general idea.

-- 
David Galiel
Executive Director
Public Interest Entertainment Corporation
http://www.piecorp.org/
"The Technology of Human Imagination"



>

> Enforcement of COPA was blocked by a permanent injunction earlier this year.

> I'd seek legal counsel before launching something, but wouldn't shelve an idea over COPA concerns.

>



> >

> >In the US at least, I don't advise it. The laws are very complex -- the

> >"Child Online Protection Act" (frequently abbreviated COPA).

> >

> >Key COPA provision: if you utilize any technique online that provides an

> >avenue by which children could end up making personally identifiable

> >information available to others and they are 14 or under ... you need a

> >signed permission sheet from their parents.

> >

> >In practice: child-focused development tends to avoid direct "community"

> >models -- if you let kids chat or BBS with each other, they could end up

> >saying something that is natural but violates COPA (like "I'm Susie Bradshaw

> >and I live in Tuscan, AZ. Where do you live?")

> >

> >That presents a challenge to the typical collaborative models that ARGs rely

> >on. You see people trying "magnetic word" chat (where you can only drag

> >particular words into a chat bubble, never individual letters). You see

> >people experimenting with "massively single player" or with models that

> >require less collaboration.

> >

> >Raises the question, "Would it still be an ARG if you couldn't really talk

> >to the other players or know anything about their real lives?"