美国儿童隐私权经典案例1

Operators of Online "Virtual Worlds" to Pay $3 Million to Settle FTC Charges That They Illegally Collected and Disclosed Children's Personal Information The operators of 20 online virtual worlds have agreed to pay $3 million to settle Federal Trade Commission charges that they

violated the Children’s Online Privacy Protection Rule by illegally collecting and disclosing personal information from hundr eds of

thousands of children under age 13 without their parents’ prior consent. This settlement is the largest civil penalty for a violation of

the FTC’s COPPA Rule.

The FTC’s complaint charged that Playdom, Inc., a leading developer of online multi-player games, and company executive Howard

Marks operated 20 virtual world websites where users could access online games and other activities, including 2 Moons, 9 Dragons,

and My Diva Doll. At least one of these virtual worlds, Pony Stars, was a website specifically directed to children, and the company’s

other websites intended for a general audience also attracted a significant number of children. Between 2006 and 2010,

approximately 403,000 children registered on the defendants’ general audience sites, and 821,000 more users registered in the

Pony Stars children’s site.

The FTC’s COPPA Rule requires that web site operators notify parents and obtain their consent before they collect, use, or disclose

children’s personal information. The Rule also requires that website operators post a privacy policy that is clear, understan dable, and

complete. The FTC alleged that Playdom and Marks failed to meet these requirements.

“Let’s be clear: Whether you are a virtual world, a social network, or any other interactive site that appeals to kids, you o we it to

parents and their children to provide proper notice and get prop er consent,” said Jon Leibowitz, Chairman of the Federal Trade

Commission. “It’s the law, it’s the right thing to do, and, as today’s settlement demonstrates, violating COPPA will not come cheap.”

According to the FTC, Playdom took ownership of the websit es when it acquired the sites’ original developer, Acclaim Games, Inc.,

in May 2010. Marks was Acclaim’s CEO, and later served as the head of the Acclaim Studio at Playdom. Playdom and Marks

continued to operate the websites in violation of the COPPA Rule after the merger, according to the Commission’s complaint. In

August 2010, Playdom became a subsidiary of Disney Enterprises, Inc., a subsidiary of The Walt Disney Company.

The FTC complaint alleges that the defendants collected children’s ages and email addresses during registration and then enabled

children to publicly post their full names, email addresses, instant messenger IDs, and location, among other information, on

personal profile pages and in online community forums. The FTC charged that the de fendants’ failure to provide proper notice or

obtain parents’ prior verifiable consent before collecting or disclosing children’s personal information violated the COPPA R ule. It

further charged that the defendants violated the FTC Act because Playdom’s pr ivacy policy misrepresented that the company would

prohibit children under 13 from posting personal information online.

In addition to the $3 million civil penalty, the settlement order permanently bars the defendants from violating the COPPA Rule and

from misrepresenting their information practices regarding children.

The Commission vote to authorize the staff to refer the complaint to the Department of Justice, and to approve the proposed consent

decree, was 5-0. The DOJ filed the complaint and proposed consent decree on behalf of the Commission in U.S. District Court for

the Central District of California, in Los Angeles on May 11, 2011. The proposed consent decree is subject to court approval.

NOTE: The Commission authorizes the filing of a complaint when it has “reason to believe” that the law has been or is being violated,

and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the

defendant has actually violated the law. This consent decree is for settlement purposes only and does not constitute an admission

by the defendants of a law violation. Consent decrees have the force of law when signed by the District Court judge.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide

information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or

call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to

more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free informati on on

a variety of consumer topics. “Like” the FTC on Facebook and “follow” us on Twitter.

MEDIA CONTACT:

Claudia Bourne Farrell

Office of Public Affairs

202-326-2181

STAFF CONTACT:

Mamie Kresses or Phyllis Marcus

Bureau of Consumer Protection

202-326-2070 or 202-326-2854 (playdom)