A discussion of COPPA and FERPA and why many websites limit use to those over 13 years of age, and what teachers can do about it.

1. Understanding COPPA, FERPA and the
“Age 13+” Restrictions on Many Websites
By Mark E. Moran, Founder & CEO

2. Who We Are
Dulcinea Media provides content & tools that help
educators teach students how to use the Internet
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3. The Problem
 As educators embrace Web 2.0 tools as part of the
classroom curriculum, those with younger students
meet a frequent roadblock: terms of use provisions
that prohibit kids under 13.
 Discussions about this issue abound on Twitter and
education blogs, with teachers concerned about
“violating COPPA.”
 Many sites erroneously state that COPPA prohibits
Under 13s from using the service:
http://wikisineducation.wetpaint.com/page/Wetpaint+
%26+Students+Under+13

4. Children’s Online Privacy Protection Act
 1998 U.S. federal law, administered by FTC
 Requires commercial websites that are directed at
children to obtain parental consent before collecting
information about children under 13
 Only for-profit websites can violate COPPA
 An educator or student cannot violate COPPA unless
they host a for-profit website

5. Family Educational Rights & Privacy Act
1974 law applying to schools receiving federal funds;
enforced by Department of Education.
Provides that schools can’t disclose information
without parent consent, except “directory information”
(e.g., name, address, D.O.B.).

6. Schools Permitted to Give Consent
Under COPPA, Must Consider FERPA
“COPPA allows, but does not require, schools to act as
agents for parents in providing consent for the online
collection of students’ personal information within the
school context…. In this regard, schools also must
consider their obligations under the Family Educational
Rights and Privacy Act (FERPA). Many schools have
implemented Acceptable Use Policies (AUPs) or other
measures to educate parents and students about in-
school Internet use.”
- FTC FAQ, #54¹.

7. COPPA in Practice: “You must be
13 years or older to use this service”
 To avoid being considered a site targeted at kids, many websites
and Web 2.0 tools simply ban children under 13.
 This ban doesn’t necessarily mean the website’s content is not
suited for younger kids. More likely, it means the website doesn’t
want to be burdened with complying with COPPA.
 The ban does not protect children’s privacy or safety, it just
minimizes the burden and legal exposure of the website.
 Kids under 13 who use the site anyway, and parents or teachers
who encourage them to do so, are not violating any law; they are
merely failing to comply with the Terms of Service, a form of
contract imposed by Websites on their users.

8. COPPA Teaches Students to Lie?
“COPPA is well-intended but its implementation and
cultural uptake have been a failure” - danah boyd²
 Parents misunderstand, resent under-13 rules as telling
them how to parent.
 Many parents and teachers tell children to lie about
their age; this is not a violation of law, but a violation of
the contract between the site and the user, usually
called “terms of service.”
http://www.nytimes.com/2011/03/12/technology/internet/12underage.html
 Many teachers refuse to tell students to lie.

9. Possible Solutions: Write to Companies
“Ask Questions and Initiate Change.”
- Brian Mull, November Learning 4
Write to the company that provides the Web service; it
may might change its policy or give specific permission
for Under 13s to use service under teachers’ direction.
Kathy Westerlund, MI teacher, wrote to Animoto, which
expressly gave permission for her under 13s to use it:
“To ensure that your younger students are protected,
we suggest that you come up with dummy e-mails for
them that are under your control. This way you can
monitor the activities under their Animoto accounts.”

10. Possible Solutions: Write to Companies
Google response to an educator asking about “Over 13”
restriction on Google Apps:
“Per the Google Apps Education Edition Agreement, any
school administering Google Apps Education Edition
acknowledges and agrees that it is solely responsible for
compliance with COPPA, including, but not limited to,
obtaining parental consent…”
http://www.google.com/support/forum/p/apps-education/thread?tid=22890d7d967855da&hl=en

11. Possible Solution: Students Don’t
Supply Personal Info, FERPA N/A
 Use Teacher-controlled email accounts.
 MailCatch offers “disposable” email accounts.
 “GMAIL +” accounts don’t reveal student info and
teacher controls account
http://help.edublogs.org/2009/02/27/creating-student-accounts-using-one-gmail-account/
 Re: the “Under 13” issue in Terms of Service, consider
whether a teacher can reasonably conclude that he
or she is the “co-user” who created the account.

12. Possible Solution: Get Parents’ Consent
“We should explain to parents the tools we want to use, why we
want to use them and what safety features are within. Then we
should ask them for written permission.”
- Brian Mull, November Learning
 Broad acceptable use policies (AUPs) arguably are not
adequate to obtain knowing consent.
 A written consent for each specific tool is legally
more valid, and it also may keep parents informed
and involved. In any event, it addresses the FERPA
issue.

13. Works Cited:
1. Federal Trade Commission. “Frequently Asked Questions about the Children’s Online Privacy Protection Act.” October
7, 2008. http://www.ftc.gov/privacy/coppafaqs.shtm#schools and How to Protect Kids' Privacy Online: A Guide for
Teachers http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec10.shtm
2. boyd, danah. “How COPPA Fails Parents, Educators, Youth.” DMLcentral: June 10, 2010.
http://dmlcentral.net/blog/danah-boyd/how-coppa-fails-parents-educators-youth
3. Kang, Cecilia. “Report Urges More Education about Online Safety.” WashingtonPost.com Post Tech Blog: June 4, 2010.
http://voices.washingtonpost.com/posttech/2010/06/online_safety_report_says_educ.html
4. Mull, Brian. “Are Kids Under 13 Being Left Out? Maybe Not.” The November Learning Blog: January 19, 2010.
http://novemberlearning.com/are-kids-under-13-being-left-out-maybe-not/