COPPA applies to websites or online services that are “directed to children.” What determines whether or not a website or online service is directed to children?
The Rule sets out a number of factors for determining whether a website is directed to children, such as whether its subject matter and language are child-oriented, whether it uses animated characters, or whether advertising appearing on the website is directed to children. The Commission will also consider empirical evidence regarding the actual and intended ages of the website’s visitors. See 16 C.F.R. § 312.2 (definition of “website or online service directed to children”) and the Rule’s Statement of Basis and Purpose, 64 Fed. Reg. 59888 et seq., available at www.ftc.gov/os/1999/10/64fr59888.pdf, p. 59893.
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