[Foundation-l] COPPA

[Anthony]

On 9/8/06, geni <geniice at gmail.com> wrote:
> On 9/8/06, Kelly Martin <kelly.lynn.martin at gmail.com> wrote:
> > The Wikimedia Foundation is exempt from COPPA due to its status as a
> > non-profit organization not engaged in commerce.
>
> The US goverment would disagree:
>
The FTC seems to imply that Kelly is right.

http://www.ftc.gov/privacy/coppafaqs.htm

18. Are websites run by nonprofit entities subject to the Rule?

The Act and the Rule expressly state that they apply to commercial
websites and not to nonprofits that would otherwise be exempt from
coverage under Section 5 of the FTC Act. Thus, in general, most
non-profits are not subject to the Rule. However, nonprofits that
operate for the profit of their for-profit members may be subject to
the Rule. See FTC v. California Dental Association 526 U.S. 756
(1999), for additional guidance on when nonprofits are subject to FTC
jurisdiction. Although true nonprofits are not subject to COPPA, we
encourage them to set an example by posting privacy policies and
providing the protections set forth in COPPA to children providing
personal information at their sites.