AUSTIN, Texas — Dec 05, ‘07 — Texas Attorney General Greg Abbott today took legal action against two Web sites that cater to children but fail to adequately protect their privacy and safety. Texas is the first state to file an enforcement action under the Children’s Online Privacy Protection Act (COPPA), a federal law that generally prohibits Web sites from unnecessarily collecting personal information from children under 13.
According to Attorney General investigators, TheDollPalace.com and Gamesradar.com unlawfully collect personal information such as names, ages, and home addresses from children. Investigators also discovered that the sites’ parental consent features were easily manipulated and circumvented. The lack of reasonable controls readily allow children to access the sites’ various features, including interactive chat rooms and forums, without their parents’ knowledge.
“These defendants are charged with operating child-oriented Web sites that violate the law by failing to protect young users,” Attorney General Abbott said. “Federal law provides important protections to prevent children from divulging sensitive personal information and to shield them from inappropriate sexual or violent content online. The Office of the Attorney General will continue aggressively enforcing laws to protect young Internet users.”
Both Web sites violate COPPA by failing to include necessary disclosures and failing to obtain parental consent before collecting personal information from children. TheDollPalace.com, for example, simply asks young users who are attempting to register, “Is a parent with you right now?” Children who click “Yes” are directed to a page that allows them to simply click “OK” to vague disclosures regarding information collection and use. Gamesradar.com similarly fails to properly obtain parental consent.
Under COPPA, these Web sites must make a greater effort to ensure that parents consent to their children providing personal information online. The Federal Trade Commission (FTC) offers several options for Web site operators to obtain verifiable parental consent. Among them, the FTC recommends that Web sites maintain a toll-free telephone number staffed by trained personnel for parents to call in their consent or provide a form for the parent to print, complete, sign, and mail or fax back to Web site operators.
On The Doll Palace Web site, kids who join a “friends” forum are encouraged to fill out a lengthy questionnaire and are given drop-down lists of possible answers. Under “smoking habits,” for example, kids can select answers such as “I occasionally smoke good cigars.” Among the choices for eye color are “sexy hazel” and “evening black.”
Children can also say, “I would like to meet someone older than myself” or “I like to talk about sexual issues.” One of the answers under “dress preference” allows kids to respond: “I prefer to be nude.”
More at AG,Texas.