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DOPA, COPA, CIPA, COPPA oh my!

Posted on Saturday, March 3, 2007 at 12:13PM by Registered CommenterInternet Safety Advisor | Comments Off
  • COPA, Child Online Protection Act of 1998:
  • Enacted for restriction of access by minors to materials commercially distributed by means of the World Wide Web that is harmful to minors(under 17)
  • In other words, commercial sites deemed harmful to minors that can be accessed by minors are illegal
  • 2004 Ashcroft v ACLU- restrictions on freedom on free speech
  • March, 2007--struck down by U.S. Judge Lowell Reed Jr

COPPA, Children’s Online Privacy Protection Act of 1998:

  • Regulation of unfair and deceptive acts and practices in connection of collection and use of personal information from and about children on the Internet.
  • Sites directed towards children or that collect information from children, provide privacy policies explaining the use of said information
  • Application of the act of photographs is subject interpretation
  • Allows parents to retrieve that information
  • Applies to children 13 or younger
  • Children can obviously state they are older than 13

CIPA, Children’s Internet Protection Act:

  • Introduced by Senator John McCain, President Clinton Signed it in 2000
  • Requires public schools and school libraries that receive e-rate or LSTA funds, they must certify that they are enforcing a policy of Internet safety that includes measures to block or filter Internet access for both minors and adults to certain visual depictions
  • “A technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene, child pornography or harmful to minors” For adults, same standards apply except “harmful to minors” provision however the technology can be disabled to enable access for boa fide research or other lawful purpose.
  • Amendments specifically require protection that “blocks or filters” access to visual depictions that are obscene or harmful to minors
  • Failure to comply, will not receive Federal funding thru the E-Rate program(which provides federal funding for library Internet connectivity)
  • 2001, ACLU & American Library Association filed suit--filters are not effective in blocking all content that some may find objectionable-but they do block much useful and constitutionally protected information
  • DOJ appealed to Supreme Court-reversed lower courts finding
  • Upheld 2003 ?

DOPA, Deleting Online Predators Act of 2006, HR5319:

  • Introduced May 2006 by Representative Mike Fitzpatrick
  • Amend the Communication Act of 1934, requiring schools and libraries that receive E-rate funding to protect minors from online predators in the absence of parental supervision when using “commercial social networking websites” and “chat rooms”
  • Prohibits schools and libraries from providing access to these types of websites to minors
  • Also requires the institutions to be capable of disabling the restrictions for “use by an adult or by minors with adult supervision to enable access for education purposes”
  • Bill amended-new language-within 120 days of passage, social networking and chat rooms would be defined by FCC using specific criteria.
  • Also requires the FTC to issue a consumer alert regarding online predation dangers of said sites and create a website for parents, educators, etc detailing dangers and a listing of said sites
  • Bill passed House and passed to Senate for approval. Bill was not voted-must be reintroduced by new Congress.

HR 1120--Deleting Online Predators Act of 2007-revisited

US Safe Web Act

  • To help the FTC protect customers from cross-border fraud and deception, specifically Spam, spyware and Internet fraud

US SAFE ACT

  • Introduced in Senate, S519 or House Bills HR 3791 or HR876
  • Securing Adolescents From Exploitation-Online Act(SAFE)
  • A bill to modernize and expand the reporting requirements relating to child pornography, to expand cooperation in combating child pornography, and for other purposes
  • While engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains actual knowledge of any facts or circumstances described in paragraph (2) shall, as soon as reasonably possible, make a report of such facts or circumstances to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by such center
  • IMAGES OF APPARENT CHILD PORNOGRAPHY- Any image of any apparent child pornography relating to the incident such report is regarding.
  • ENCOURAGING FOREIGN COUNTRIES TO COMBAT CHILD PORNOGRAPHY AND CHILD EXPLOITATION.
  • AUTHORIZATION OF FUNDS TO COMBAT CHILD PORNOGRAPHY
  • ONLINE MONITORING OF CONVICTED SEX OFFENDERS.
  • Read twice, referred to Judiciary Committee
  • December 5th, 2007, passed House(almost unanimously)
  • On to Senate

US KIDS ACT, 2007

  • Introduced by Charles E. Schumer (D-NY) and John McCain
  • Keeping the Internet Devoid of Sexual-Predators Act of 2007 (KIDS ACT) would require registered sex offenders to submit e-mail addresses, instant message addresses or other identifying Internet information to law enforcement to be placed on the National Sex Offender Registry. 
  • Would allow social networking websites to cross-check users’ information against the registry to protect users.
  • Referred to Judiciary Committee

Protecting Children in the 21st Century Act S49:

  • Introduced in Senate, Jan 2007
  • To prevent the carriage of child pornography by video service providers, to protect children from online predators, and to restrict the sale or purchase of children's personal information in interstate commerce
  • SEC. 203. CERTIFICATIONS TO INCLUDE PROTECTIONS AGAINST COMMERCIAL SOCIAL NETWORKING WEBSITES AND CHAT ROOMS
    • is enforcing a policy of Internet safety for minors that prevents cyberbullying and includes monitoring online activities of minors and operation of a technology protection measure with respect to any of its computers with Internet access that--
    • protects against access to a commercial social networking website or chat room unless used for an educational purpose with adult supervision;
    • protects against access by minors without parental authorization to a commercial social networking website or chat room, and informs parents that sexual predators can use these websites and chat rooms to prey on children ;
  • (J) COMMERCIAL SOCIAL NETWORKING WEBSITES; CHAT ROOMS- Within 120 days after date of enactment of the Deleting Online Predators Act of 2006, Commission shall by rule define the terms `social networking website' and `chat room' for purposes of this subsection. In determining definition of a social networking website, Commission shall take into consideration the extent to which a website--

    • (i) is offered by a commercial entity;ii) permits registered users to create an on-line profile that includes detailed personal information;(iii) permits registered users to create an on-line journal and share such a journal with other users;(iv) elicits highly-personalized information from users; and(v) enables communication among users.'.

  • (d) Disabling During Adult or Educational Use- Section 254(h)(5)(D) of such Act (47 U.S.C. 254(h)(5)(D)) is amended--
  • Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.
  • Please visit: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.00049
  • Or http://www.opencongress.org/bill/110-s49/show

HR 837--Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007

 

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