Business Surveillance vs. COPPA Children’s Online Privacy Protection New Rules

EDUCATION selling K-12 student INFORMATION and their rights to privacy

Revised Children’s Online Privacy Protection Rule Goes Into Effect 7/1/13

FTC Continues Safe Harbor Programs, Expands Business and Parental Education Efforts

The Federal Trade Commission’s revised Children’s Online Privacy Protection Act Rule took effect today, giving parents greater control over the online collection of their children’s personal information. The revised COPPA rule culminates more than two years of review by the agency to modernize the rule.
The revised COPPA rule addresses changes in the way children use and access the Internet, including the increased use of mobile devices and social networking. The modified rule, approved by the Commission in December 2012, widens the definition of children’s personal information to include persistent identifiers such as cookies that track a child’s activity online, as well as geolocation information, photos, videos, and audio recordings.
The COPPA rule was mandated when Congress passed the Children’s Online Privacy Protection Act of 1998. It requires that operators of websites or online services that are either directed to children under 13 or have actual knowledge that they are collecting personal information from children under 13 give notice to parents and get their verifiable consent before collecting, using, or disclosing such personal information, and keep secure the information they collect from children.
LOOPHOLE
To coincide with the amended COPPA rule taking effect, the FTC has also continued five “safe harbor” programs, whose guidelines now reflect the modified rule. Under COPPA, safe harbor status allows certain organizations to create comprehensive self-compliance programs for their members. Companies that participate in a COPPA safe harbor program are generally subject to the review and disciplinary procedures provided in the safe harbor’s guidelines in lieu of formal FTC investigation and law enforcement.

COPPA safe harbor programs are offered by

Aristotle International, Inc.,
Aristotle, Inc. provides political technology and solutions to grassroots organizations, public affairs councils (PACs), and political campaigns in the United States and abroad. The company offers campaign solutions, including campaign fundraising, voter data, compliance reporting, and campaign management tools; and PAC evaluations, consulting, outsourcing, audits, and case studies. Its solutions for grassroots organizations include Aristotle 360 Grassroots, a software suite to help users to conduct targeted online and off-line advocacy campaigns; Action Center 2.0, which helps users to perform communications; Bills and Votes, which allows users to identify, target, and influence legislators…

the Children’s Advertising Review Unit of the Council of Better Business Bureaus,
to promote responsible children’s advertising as part of a strategic alliance with the major advertising trade associations through the National Advertising Review Council (the AAAA, the AAF, the ANA and the CBBB).

ESRB Privacy Online, Entertainment Software Rating Board where you can buy approval.
317 Madison Avenue, 22nd Floor
New York, NY 10017
ESRB’s privacy badge all about best practices, not anonymity
In other words, the system is in place to make sure the data provided to these companies by customers—including things like your real name, contact information, or date of birth—is treated safely and with respect. “But online privacy protection doesn’t necessarily mean the same thing as anonymity. It’s about making sure that websites collecting personal information from users are doing so not only in accordance with federal regulations but also with best practices for protecting individuals’ personal information online,” Mizrachi explained.

TRUSTe,

and Privo, Inc.
Privacy Vaults Online, Inc., d/b/a PRIVO has created a proprietary technology and services platform that enables participating companies to initiate and manage responsible relationships with their online consumers through an identity and permission management platform. The platform, the PrivoLock™ system, allows consumers, or registrants, to assert and verify their identity, maintain control of their personally identifiable information (PII), edit its content, and extend this privacy protection to their children while providing companies with a legally compliant “opt–in” marketing database for communicating with their customers.

The FTC has also released two new pieces designed to help small businesses that operate child-directed websites, mobile applications and plug-ins ensure they are compliant with upcoming changes to the rule.
The first is a document, “The Children’s Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business, which is designed especially for small businesses and contains a step-by-step process for companies to determine if they are covered by COPPA, and what steps they are required to take to protect children’s privacy. The FTC also released a video aimed at businesses to help explain their obligations under the revised rule, including an explanation of the changes.
Finally, the FTC has updated a guide for parents, “Protecting Your Child’s Privacy Online,” that explains what COPPA is, how it works and what parents can do to help protect their children’s privacy online.
These new documents provide guidance from the FTC staff that supplements the rule and other COPPA–related material previously published by the FTC, including an updated set of frequently asked questions about the rule. FTC staff will periodically update the FAQs.
In addition to the guidelines and frequently asked questions, FTC staff maintain a “COPPA Hotline” email address, COPPAHotLine@ftc.gov, where industry members can send questions on how to ensure they are compliant with the rule. Comments on the FAQs or suggestions for new FAQs may also be submitted through the COPPA Hotline email address.   
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357).

STAFF CONTACT:
Kandi Parsons
Bureau of Consumer Protection
202-326-2369
Peder Magee
Bureau of Consumer Protection
202-326-3538
Kristin Cohen
Bureau of Consumer Protection
202-326-2276

The Criminal N.S.A.

By JENNIFER STISA GRANICK and CHRISTOPHER JON SPRIGMAN
June 27, 2013
Jennifer Stisa Granick is the director of civil liberties at the Stanford Center for Internet and Society. Christopher Jon Sprigman is a professor at the University of Virginia School of Law.
http://www.nytimes.com/2013/06/28/opinion/the-criminal-nsa.html
THE twin revelations that telecom carriers have been secretly giving the National Security Agency information about Americans’ phone calls, and that the N.S.A. has been capturing e-mail and other private communications from Internet companies as part of a secret program called Prism, have not enraged most Americans. Lulled, perhaps, by the Obama administration’s claims that these “modest encroachments on privacy” were approved by Congress and by federal judges, public opinion quickly migrated from shock to “meh.”
It didn’t help that Congressional watchdogs — with a few exceptions, like Senator Rand Paul, Republican of Kentucky — have accepted the White House’s claims of legality. The leaders of the Senate Intelligence Committee, Dianne Feinstein, Democrat of California, and Saxby Chambliss, Republican of Georgia, have called the surveillance legal. So have liberal-leaning commentators like Hendrik Hertzberg and David Ignatius.
This view is wrong — and not only, or even mainly, because of the privacy issues raised by the American Civil Liberties Union and other critics. The two programs violate both the letter and the spirit of federal law. No statute explicitly authorizes mass surveillance. Through a series of legal contortions, the Obama administration has argued that Congress, since 9/11, intended to implicitly authorize mass surveillance. But this strategy mostly consists of wordplay, fear-mongering and a highly selective reading of the law. Americans deserve better from the White House — and from President Obama, who has seemingly forgotten the constitutional law he once taught.
The administration has defended each of the two secret programs. Let’s examine them in turn. <snip>

Sascha Meinrath should be New FCC Chairman @saschameinrath

“You can’t have an objective chairman of the FCC that’s got 20 years of their life invested in being the head lobbyist for industry,” Sascha Meinrath of the New America Foundation said in an interview.

Sascha Meinrath

“You can’t have an objective chairman of the FCC that’s got 20 years of their life invested in being the head lobbyist for industry,” Sascha Meinrath of the New America Foundation said in an interview.

Vice President and Director, Open Technology Institute

Sascha Meinrath is vice president of the New America Foundation and director of the Open Technology Institute. In 2012 he was named one of the top 100 in Newsweek’s Digital Power Index and he has been described as a “community Internet pioneer” and an “entrepreneurial visionary.” He is a well-known expert on community wireless networks, municipal broadband, and telecommunications policy. In 2009 he was named one of Ars Technica’s Tech Policy “People to Watch” and is also the 2009 recipient of the Public Knowledge IP3 Award for excellence in public interest advocacy.
Sascha founded the Commotion Wireless Project (a.k.a., the “Internet-in-a-Suitcase”) and, along with Vint Cerf, is the co-founder of Measurement Lab (M-Lab), a distributed server platform for researchers around the world to deploy Internet measurement tools, advance network research, and empower the public with useful information about their broadband connections. He coordinates the Open Source Wireless Coalition, a global partnership of wireless integrators, researchers, implementors and companies dedicated to the development of open source, interoperable, low-cost wireless technologies. Sascha has worked with Free Press, the Cooperative Association for Internet Data Analysis (CAIDA), the Acorn Active Media Foundation, the Ethos Group, and the CUWiN Foundation.

 
BEST GOVERNMENT PRACTICES
December 18, 2006 By Sascha Meinrath
The problem of emergency communications and disaster recovery is often not the lack of resources, but lack of coordination. After Katrina, Sascha Meinrath coordinated the Community Wireless Emergency Response Initiative. The following offers some of what he and others learned about emergency communications.
Contrary to popular perception, the problem of disaster recovery is often not the lack of resources, but lack of coordination.
One key component to successful emergency response is a dynamic, direct and robust communications network — a structure the United States had been missing. Key decision-makers turned a deaf ear to the problem until Hurricane Katrina made such an ostrich-stance untenable, and the United States had to learn the lesson the hard way. Yet a year later, improvements have been incredibly modest. During the next major disaster, experts say we should expect more of the same — a lack of coherent, rapidly deployable, interoperable communications networks for first responders and the communities they serve.

Six Strikes is not a lawonly a 4 year private agreement.

Six 6 Strikes is Phoney it is only a MEMORANDUM OF UNDERSTANDING not a law.
Administering “six strikes” is a new entity called the Center for Copyright Information (CCI), which was established by the entertainment industry and the ISP industry. (Internet users were not part of the negotiations.) In other words, Internet users can be punished because of accusations by the copyright industry, but no one is necessarily verifying the claims.
First, this plan is not a law at all. It is a voluntary agreement between copyright holders and ISPs. Second, this plan does not mandate that ISPs completely cut subscribers’ Internet access. The burden of proof on the Internet subscriber, who must prove that he did not illegally download copyrighted content.

FINAL 7/6/2011 Agreed as of July 6, 2011
As of the Effective Date of this Agreement, the following entities are MPAA member company affiliates:

It is  a 4 year private agreement among the following:

  • The Recording Industry Association of America, Inc.
  • The Motion Picture Association of America, Inc.
  • EMI Music North America
  • Sony Music Entertainment
  • Warner Music Group
  • UMG Recordings, Inc.
  • Warner Bros. Entertainment Inc.
  • Universal City Studios LLC
  • Twentieth Century Fox Film Corporation Fox Entertainment Group, Inc.,
  • Sony Pictures Entertainment Inc.
  • Walt Disney Studios Motion Pictures Disney Enterprises, Inc.,
  • NBC Universal Media LLC,
  • Turner Entertainment Networks, Inc.
  • Viacom, Inc.

AND These  Participating ISPs

  • SBC Internet Services, Inc.
  • BellSouthTelecommunications, Inc.
  • Southwestern Bell Telephone Company
  • Pacific BellTelephone Company
  • Illinois Bell Telephone Company
  • Indiana Bell TelephoneCompany
  • Incorporated,
  • Michigan Bell Telephone Company
  • Nevada Bell TelephoneCompany
  • The Ohio Bell Telephone Company
  • Wisconsin Bell, Inc.
  • The Southern NewEngland Telephone Company
  • BellSouth Telecommunications, Inc. (the AT&T Inc.companies
  • Verizon Online LLC, VerizonOnline LLC –Maryland, and Verizon Online Pennsylvania Partnership (the Verizoncompanies)
  • Comcast Cable Communications Management, LLC;
  • CSC Holdings,LLC (solely with respect to its cable systems operating in New York, New Jersey, and Connecticut)(the Cablevision systems)
  • Time Warner Cable Inc.

http://www.scribd.com/doc/91987640/CCI-MOU

FAIR USE – KNOW YOUR RIGHTS
P2P networks and applications ARE LEGAL lawful online legitimate sources of content

Center for Copyright Infringement = CCI
http://www.pcmag.com/article2/0,2817,2402521,00.asp
Jill Lesser, CCI as executive director.who previously served as a First Amendment advocate for People for the American Way (PFAW), most recently served as a senior vice president for domestic public policy for AOL Time Warner. She now leads the CCI as executive director.
K-12 COPYRIGHT LAWS: PRIMER FOR TEACHERS
CCI Committee:
The executive board of the CCI includes: chairman Thomas Dailey, vice president and deputy general council at Verizon; executive vice president and general counsel Steven M. Marks, currently the executive vice president and general counsel at the RIAA; and members Marianne Grant, senior vice president for the MPAA; Alan Lewine, senior counsel for Comcast; Daniel Mandil, associate general counsel for Verizon; and Brent Olson, vice president of public policy for AT&T.
The advisory board is made up of Gigi Sohn, president and chief executive of Public Knowledge; Jerry Berman, chairman of the Congressional Internet Caucus Advisory Committee; Marsali Hancock, president of iKeepSafe.org; and Jules Polenetsky, director of the Future of Privacy Forum.
CCI says. “The ISP will determine which of its subscriber accounts was allocated the specified IP address at the applicable date and time and then send an alert to the subscriber whose account has been identified. The alert will notify the subscriber that his/her account may have been misused for potentially illegal file sharing, explain and why the action is illegal and a violation of the ISP’s policies and provide advice about how to avoid receiving further alerts as well as how to locate film, television and music content legally.”
CCI also begins doing business as a number of judicial rulings have blocked copyright holders’ attempts to compel ISPs to divulge the IP addresses of customers without a formal lawsuit. The CCI’s partnership between the content creators and ISPs would sidestep that process.
ACCORDING TO THE CCI Executive Committee THEY GET TO DEFINE YOUR RIGHTS ACCORDING TO SOMEONE THEY PICK.
Chris Dodd Joining MPAA As Top Lobbyist
Breaking Promise Not To Become A Lobbyist Just Weeks After Leaving Senate 2011
2.4.  Fair Use
A Subscriber shall prevail on this defense if the Subscriber adequately and credibly demonstrates fair use of the copyrighted work under prevailing principles of copyright law (which shall be identified as described in section 6).
Page 35 Section 6. Legal Principles to Be Applied in Independent Review.
The Independent Review process will, to the extent relevant, apply prevailing legal principles as determined by United States federal courts. The Administering Organization will commission an accepted, independent expert on copyright law, who is approved by the CCI Executive Committee, to outline prevailing legal principles of fair use for purposes of deciding defenses of fair use, and any other legal principles necessary for resolution of issues within the scope of this Independent Review process. Such outline will be updated from time to time as necessary. If additional material questions of law arise as the Independent Review process is implemented, they may be referred to an accepted, independent expert approved by the CCI Executive Committee as needed. The Administering Organization will advise the Parties to the Agreement of issues referred to, and principles determined by, such an expert, and provide a process for the Parties to the Agreement to provide input concerning the issues, so as to ensure that the expert’s determinations are fully-informed and reflect prevailing law as determined by United States federal courts.
If additional material questions of law arise as the Independent Review process is implemented, they may be referred to an accepted, independent expert approved by the CCI Executive Committee as needed. The Administering Organization will advise the Parties to the Agreement of issues referred to, and principles determined by, such an expert, and provide a process for the Partiesto the Agreement to provide input concerning the issues, so as to ensure that the expert’s determinations are fully-informed and reflect prevailing law as determined by United States federal courts.
Guide to United States Copyright Law as Applied to Multimedia Productions
[scribd id=91987640 key=key-2aha2402d6u8oubh1bg5 mode=scroll]

Free Speech Battle Over Publication of Federal Law

The Electronic Frontier Foundation is the leading organization protecting civil liberties in the digital world.

Free Speech Battle Over Publication of Federal Law
The Electronic Frontier Foundation (EFF)
Wrongheaded Copyright Claim Blocks Online Posting of
Important Technical Standards
Continue reading “Free Speech Battle Over Publication of Federal Law”

The Next FCC Chair: Decisive Protector of the Public Interest

The Next FCC Chair: Decisive Protector of the Public Interest

The Next FCC Chair: Decisive Protector of the Public Interest
By Gigi Sohn
January 15, 2013
Even though current FCC Chair Julius Genachowski has not announced that he is leaving, there is still much talk about who is being considered to be his successor. In its never-ending fascination with the horse race of politics, the trade press has been throwing out names of the supposed frontrunners every few weeks or so.
But this focus on names is premature. Before we talk about who will be the next FCC Chair, there needs to be a conversation on the qualities the ideal candidate should possess. Because the issues and controversies that will come before the Commission over the next four years will be no less contentious than in the previous four.
The next Chair will preside over matters such as the transition to all IP networks, finalizing the incentive auction and spectrum screen proceedings, figuring out how to promote broadband competition, and of course, how to reinstate the agency’s authority (and indeed its relevance) should it lose the legal challenge to the open Internet rules. This is in addition to whatever transactions the Commission may be asked to decide by industry.
Is Comfortable as a Regulator
So what qualities should the next FCC Chair possess? First and foremost, the individual must be comfortable in the role of a regulator. This should not be taken to mean that the Chair should seek to regulate every industry out the yin-yang. But it does mean that where it is necessary to promote competition and/or protect consumers, the Chair must act, and decisively, with the understanding that in many regulatory battles there are winners and losers. And yes, that action should also include deregulation, particularly where regulations protect incumbents at the expense of competition.
A sound regulator also keeps fights out of the White House. As important as those of us in the telecom bubble think these issues are, for a President dealing with more fiscal cliffs and budget ceilings in front of him, agitation to pass laws governing gun control, immigration reform, and climate change, communications policy issues just don’t rate. And that’s why we have an independent FCC – to protect the public interest in those matters.
Understands the Role of Congress
The next FCC Chair needs also to understand the role of Congress, and that body’s limitations given how sharply divided it is. Let’s get real – an Obama FCC Chair is going to get pounded by the House telecom subcommittee and the full energy and commerce committee much of the time. The House may even vote to overrule decisions, like it did in 2011 with the resolution of disapproval on the open Internet rules. But the Senate, with more Democrats, a number of whom are very progressive, will not allow this FCC to be overruled. So there is no need for the next Chair to negotiate with herself in the fear that Congress will undo what it has done. This is not to say that the next Chair should thumb her nose at Congress – Congress is a critical partner for an agency to accomplish its goals. But the next Chair needs to recognize that it will be up to the FCC to be the ultimate decider of the difficult questions that will come before it.
[snip

NIST Cybersecurity Awareness Month

To cap Cybersecurity Awareness Month, the National Institute of Standards and Technology (NIST) is offering its third annual National Initiative for Cybersecurity Education (NICE) Workshop, October 30-November 1 at its Maryland campus.  NICE is focused on enhancing the overall cybersecurity posture of the U.S. by accelerating the availability of education and training resources designed to improve the cyber-behavior, knowledge, and skills of every segment of the population.  The workshop will feature four tracks focused on NICE’s primary goals: Raising Awareness: Online Safety Starts with You!; Education, Professionalism, and Certifications; Training and Maintaining a Competitive Cybersecurity Workforce; and the Role of Cybersecurity in Competitions.  Attendees will also observe students competing in a challenge.  FOR MORE INFORMATION, PLEASE GO TO http://csrc.nist.gov/nice/2012workshop/.

K12 Administrators Dept. of Ed Family Policy Compliance Office

On October 24, at 2:00 p.m. Eastern Time, the Department’s Family Policy Compliance Office will present via webinar a basic overview of the Family Educational Rights and Privacy Act (FERPA).  This one-hour presentation will be geared toward local school officials.  TO REGISTER, PLEASE GO TO https://educateevents1.webex.com/educateevents1/onstage/g.php?t=a&d=748074727.

Agency aims to rate mobile broadband service performance across the U.S.

Measuring Broadband America, that gauges residential broadband performance.

Agency aims to rate mobile broadband service performance across the U.S.

September 06, 2012
How fast is data access on your smartphone? The Federal Communications Commission wants to find out.

The agency announced plans Wednesday to measure the performance of wireless broadband services across the country. Under the program, called Measuring Mobile America, the FCC will work with major wireless carriers, research and public interest groups, and other parties to assess the performance of wireless services.
The program will be modeled after an existing initiative, Measuring Broadband America, that gauges residential broadband performance. In a report released in July, the FCC said consumers have used the data generated by that program for comparison shopping, leading to increased competition among service providers.
According to the FCC, the residential broadband survey has led to improvements in three areas: Internet service providers (ISPs) are making more accurate promises about network performance; ISPs are more consistent in delivering promised speeds; and consumers are subscribing to higher-speed tiers. [SNIP]
http://www.informationweek.com/government/mobile/fcc-to-measure-wireless-data-speeds/240006873