August 12, 2011
Partner Dana B. Rosenfeld was quoted in the Law360
article, "Kids' Do Not Track Bill Could Hinder Targeted Ads." The article discussed the implications that the Do Not Track Kids Act of 2011 (H.R. 1895) would have for businesses that collect data about minors for targeted advertising and marketing. The law would expand the Children's Online Privacy Protection Act of 1998 (COPPA), which currently requires websites to obtain parents' permission before collecting information from children 12 and under. Under Do Not Track Kids, COPPA would cover anyone under 18 and bar websites from collecting minors' data for targeted marketing.
Ms. Rosenfeld provided insight, noting that, "It's not always abundantly clear who's a minor and not a minor. There are more tailored ways to address the problem." Ms. Rosenfeld continued, stating that the bill's application to teens could lead to hindered commercial speech, a violation of the First Amendment.
"There are justifications for enacting restrictions for various protections for kids because they are considered a vulnerable population," Rosenfeld said. "But when you get ... over a certain age and into the teen sphere, you are potentially affecting the rights of adults."