Several federal statutes, including the Children's Online Privacy Protection Act (COPPA) and the Family and Educational Rights and Privacy Act, currently regulate the collection and disclosure of information about children or students. If passed, the Children's Listbroker Privacy Act would be the first law to restrict the dissemination and use of that information.
In particular the Act would prohibit anyone from selling, buying, licensing, renting or leasing personal information about a person known to be under 16 years of age, and would give the Federal Trade Commission and state Attorneys General the power to prosecute violators.
The legislation would also allow for information to be disseminated with expressed parental consent or when the buyer certifies that the information is being obtained for a strictly non-marketing purpose, such as advising children of scholarship opportunities.
The Children's Listbroker Privacy Act was introduced into the Senate in March by Senators Ted Stevens and Lisa Murkowski, both from Alaska, and Senator Ron Wyden of Oregon. It is likely to be referred to the Senate Committee on Commerce, Science and Transportation.
According to Senator Stevens, "The constant barrage of messages on our nation's young people, particularly our children is a problem. Companies should not be compiling personal information about kids the way they already do about adults. It is a gross invasion of privacy that must be stopped".
"Children are far more susceptible to advertising messages and also are far more willing than adults to give out personal information, especially if it is required for them to gain access to internet sites they want to see. Children clearly are in need of protection from callous marketers who solely want to bombard them with unwanted solicitations," added Senator Murkowski.
The Bill was introduced into the House of Representatives on July 22nd by Congresswoman Darlene Hooley of Oregon and has now been referred to the House Committee on Energy and Commerce.