Why does COPPA apply only to children under 13? What about protecting the online privacy of teens?
In enacting the statute, Congress determined to apply COPPA’s protections only to children under 13. Congress and industry self-regulatory bodies have traditionally distinguished children aged 12 and under, who are particularly vulnerable to overreaching by marketers, from children over the age of 12, for whom strong, but more flexible protections may be appropriate. In addition, distinguishing adolescents from younger children may be warranted where younger children may not understand the safety and privacy issues created by the online collection of personal information. Given the risks inherent in the disclosure of personal information for all ages, the FTC encourages website operators to offer teenagers privacy protections as well. Moreover, websites’ information practices regarding teens and adults are subject to Section 5 of the FTC Act, which prohibits unfair or deceptive acts and practices. See Staff Opinion Letter to Center for Media Education (July 15, 1997) for guidance on ho
