There's been a lot of debate over the last several
years about the pros and cons, the enormous benefits and dire risks, presented to
children by the internet. Although some of the dialogue has been highly exaggerated-either
predicting Armageddon or heralding a Golden Age of information-much of it has been
balanced and reasoned, with the great consensus being that with thoughtful piloting,
the internet has the potential to be a hitherto unimaginable resource for information,
entertainment and community. But before even trying to assess the challenges and
opportunities the internet offers to youngsters, it's important to understand the
single greatest impediment-the threat to children's privacy-to the flourishing of
this still new medium. To do so it's helpful to try to put the discussion in historical
context.
With each communication breakthrough of the 20th century the discussion has been
much the same. The advent of the "new media," of motion pictures in the early 1900s,
radio in the 1920s and television at mid-century all held the promise of wider dissemination
of, and more universal access to information theretofore unavailable to most of
society. Hand in hand with this cornucopia of knowledge went the "dark side," the
effects of exposure to new ideas, unfamiliar cultures and exotic behaviors on the
morals of our society. The obvious flashpoint for these fears was the potential
harm to our nation's youth. The spectre of young people lured into crime by the
glamour of gangster films, frightened by unfamiliar tribal customs, corrupted by
sex and drug use depicted in the media, manipulated by corporate sponsors, isolated
from friends and social and physical activities by the mesmeric effect of the medium
and of the dilution of the influence of family and community all tempered the euphoria
over each new medium.
All of this should sound familiar to anyone paying even the slightest attention
to the current debate. With varying degrees of legitimacy, alarms have been raised
over violent, adult and sexual content available to children, branding and over-commercialization
of websites for kids, the increased alienation of children consumed by surfing and
interacting online, the highjacking of personal information from unsuspecting youngsters
and the dangers of predators lurking in chatrooms.
A cursory glance at this far from exhaustive list reveals that only two of these
concerns-extracting personal information from young children and the hazards of
unchaperoned children in chatrooms-are unique to the new interactive media, and
both stem directly from that very interactivity. Without delving into the relative
merits of the other concerns, it seems reasonable to suggest that as a society we
have both the means and the responsibility to address them. Parents have always
had the primary responsibility in deciding what their children should view or listen
to-the right and obligation to "just say no." In the traditional media that's meant
supervising their kids' consumption, in some instances with the assistance of industry
rating systems, and setting time limits. This is made more difficult when kids are
so much more computer savvy than their parents, but there are tools to help parents
filter and limit their children's travels on the internet. Parents, teachers, coaches,
clergy and others each have an important role to play in encouraging children to
participate in group activities and sports. Media literacy education and a robust
advertising self-regulation program do a far better job of preparing youngsters
to live in the real world and make intelligent choices about products than does
shielding kids from marketing messages until they're deemed old enough to process
them. Finally, the argument that media are the cause of the diminution of the influence
of families in our society is a specious one; most serious students of this phenomenon
agree that the increase in single-parent households and in families with two working
parents have a much greater effect on the changing face of the family constellation.
So what is it that distinguishes data collection and chatrooms from our children's
past experiences with media? The same thing that makes all of the internet so exciting,
so vibrant and seductive: interactivity. Suddenly kids aren't just being talked
at; they can talk back, participate, vent and even affect the complexion of the
message they and others are receiving. In chat rooms and on message boards they
can even initiate "content." In a culture enamored of role-playing games like Dungeons
and Dragons, they can assume different cyber-identities and even the shyest "geek"
can become the smart, successful, self-assured, sexy captain of the team he yearns
to be. Children in sparsely populated outbacks, or in urban areas where they're
not allowed to travel alone, can find a community to share their passions, fears
and problems right on their desktops.
Kids, of course, weren't the only ones who quickly embraced the interactivity of
the medium. Early on, marketers recognized the unprecedented opportunity to gather
information effortlessly and seamlessly. Website registrations, polls, contest entries,
and online questionnaires could now take the place of costly focus groups and other
research, affording almost limitless access to information ranging from names and
addresses, family incomes, favorite colors, sports figures, hobbies, etc. Marketers
jumped at the chance and soon children's websites were filled with games eliciting
information, offering incentives and prizes in return for filling in fields asking
the make of the family car, parents' occupations, favorite family vacation spots
in addition to personal information about the children themselves.
This is indeed revolutionary as far as media experience goes, but the only real
difference from the past is that unlike in the physical world, parents aren't involved
in the decision to allow their young children to participate. Any ad agency that
wants to run a focus group of children knows it first has to approach a parent.
In the offline world, if a child wants to send for a special free offer from a cereal
box, or join a kids' club, chances are that she will ask Mom for a stamp, or to
mail it for her. And when the premium or club newsletter arrives in the mail, Mom
or Dad will probably be the one to see it first. In all these instances, the parent
will at least have the opportunity to mediate-to say "I don't want you to ask my
kid questions" or "No honey, I don't think you should send for/join that." Few parents
would allow their young children to visit with friends without an adult on call,
no less hang out with groups of masked strangers. But when the interaction takes
place with the click of a mouse, when the virtual prizes or newsletters arrive by
e-mail, and when children masquerading as teenagers can fraternize with others wearing
their own disguises, for the first time young children are able to engage with the
world at large without their parent's knowledge or consent.
The issue of children's privacy first grabbed the spotlight in the US in the mid-1990s
when the independent concurrent efforts of the government, industry, and advocacy
communities converged in a series of remarkably positive, thoughtful, and productive
workshops. Although the proposed solutions ranged from strong central regulation
through industry self-regulation to a market-driven approach, all sectors agreed
that the goal must be to make this aspect of the online environment for kids and
parents as similar as possible to past real-world realities by putting the parents
in charge again.
The concept is a pretty simple, common sense one. Make sure parents have notice
of what information is being asked of their children, and the right (and the means)
to grant or withhold consent. The first guidelines setting forth just how to go
about providing notice and obtaining consent were published back in 1996 by the
Children's Advertising Review Unit, the national voluntary advertising self-regulation
body for children's advertising, established more than 20 years earlier by the advertising
industry. These first guidelines called for website operators collecting personal
information from children under 13, or allowing such children to interact online,
to make "reasonable efforts ... to establish that notice is offered to, and choice
exercised by a parent or guardian." Since then the guidelines have evolved based
on further learning about what's effective, what's feasible, and what it is that
kids really are doing on the web, and industry's response has been impressive. As
required by CARU's guidelines, marketers have scaled back on the amount of information
solicited from kids without parental consent, collecting only that which is "reasonably
necessary" to participate in an online activity. Website operators are making good
faith efforts to identify underage visitors and provide or obtain the requisite
notice or consent. And new and emerging technologies such as digital signatures
and P3P are providing websites and parents alike with new tools to facilitate consent.
In October 1998, the US Congress passed the Children's Online Privacy Protection
Act (COPPA), which essentially codified CARU's self-regulatory guidelines and took
effect in April 2000. Even with the legislation in place, the US Federal Trade Commission,
the agency charged with enforcing COPPA, has recognized the primary role of self-regulation
in this area by creating a "safe harbor" for industry members who participate in
and comply with self-regulatory programs. By stepping in early in the debate and
proactively embracing a strong and meaningful self-regulatory program, the US industry
has been able to de-fang the thorny issue of children's privacy, level the playing
field among the old and new media, and create an environment in which we can nurture
this medium to its full potential, and see whether it proves to be boon or bane
to our children.
Elizabeth Leonard Lascoutx has been director
of the Children's Advertising Review Unit since 1995. She is also a vice president
of the Council of Better Business Bureaus. She began her career at CARU as its staff
attorney in January 1991. She led CARU's comprehensive revisiting of its Self-Regulatory
Guidelines for Children's Advertising in 1996 to include the new online media and
children's privacy. These new "Guidelines for Interactive Electronic Media" ultimately
formed the basis for the Children's Online Privacy Protection Act of 1998 (COPPA).
In 1999, Ms Lascoutx was honored with the first annual "Cyberangel of the Year"
award by Cyberangels, the largest online education and safety organization. That
same year, she was named to the US National Action Committee of UNESCO's worldwide
internet safety project, Innocence in Danger.
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