The rules are found in the controversial Children's Online
Privacy Protection Act (COPPA). The alleged breach relates to
reviews posted on the web site by children under 13 without
parental consent, or containing details that may identify the
children.
In terms of COPPA, web sites that collect children's personal
information must provide a parental privacy notice, a mechanism to
obtain verifiable parental consent for the collection of children's
information, a system for parental review and deletion of
children's information, and security and confidentiality
requirements.
Chris Hoofnagle of the Electronic Privacy Information Center,
said: "Amazon.com clearly markets its products to children, but has
not complied with the privacy responsibilities that accompany such
activities."
The complaint does not contend that any child has been harmed as
a result of the postings.
Amazon.com spokesman Bill Curry admitted to CNet News that a
glitch in its software meant that the children's review form,
designed to keep the children's identity secret, did not always
work properly but added that this is being fixed.
He acknowledged that sometimes children are "writing reviews and
putting inappropriate information in reviews like a street
address," but added, "When that happens and gets through the
system, we remove it as soon as we're aware of it, and that's a
longstanding policy."
Amazon.com's contention is that the action is groundless. Curry
stated, "Amazon.com is not a site directed at children."
The site's privacy policy
specifically states: "Amazon.com does not sell products for
purchase by children. We sell children's products for purchase by
adults. If you are under 18, you may use Amazon.com only with the
involvement of a parent or guardian."
The FTC has still to comment on the case, which could be
influential in determining whether or not a US site is considered
to be targeting at children.
