[Wikipedia-l] Re: An idea

Andrew Venier avenier at venier.net
Sun Jun 5 00:15:09 UTC 2005


Sean Barrett wrote:

> Timwi stated for the record:
>
>> Speaking of which.  I am wondering to what extent COPPA applies to 
>> Wikipedia, and whether there is any legal risk for Wikimedia if 
>> American children under 13 years of age use Wikipedia without their 
>> parents' consent?
>
>
> It does not apply at all.  COPPA specifies what information a site is 
> allowed to collect about children under 13.  We don't collect any 
> applicable information about our users.
>
The exception being e-mail address, which is optional, but is collected 
as part of Wikipedia user registration.

I don't know enough details to say for sure in what ways access to the 
email addresses of users is restricted; this use may fit the exceptions 
outlined by the FTC 
(http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.htm), below:

*Exceptions*

The regulations include several exceptions that allow operators to 
collect a child's email address without getting the parent's consent in 
advance. These exceptions cover many popular online activities for kids, 
including /contests/, /online newsletters/, /homework help/ and 
/electronic postcards/.

Prior parental consent is not required when:

    *

      an operator collects a child's or parent's email address to
      provide notice and seek consent;

    *

      an operator collects an email address to respond to a /one-time/
      request from a child and then deletes it;

    *

      an operator collects an email address to respond /more than once
      to a specific/ request -- say, for a subscription to a newsletter.
      In this case, the operator must notify the parent that it is
      communicating regularly with the child and give the parent the
      opportunity to stop the communication before sending or delivering
      a second communication to a child;

    *

      an operator collects a child's name or online contact information
      to protect the safety of a child who is participating on the site.
      In this case, the operator must notify the parent and give him or
      her the opportunity to prevent further use of the information;

    *

      an operator collects a child's name or online contact information
      to protect the security or liability of the site or to respond to
      law enforcement, if necessary, and does not use it for any other
      purpose.





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