Out-Law News | 08 Sep 2006 | 2:10 pm | 1 min. read
Xanga and its founders, Marc Ginsberg and John Hiler, have made the payment to settle the case with consumer regulator the Federal Trade Commission in the US. The FTC said that Xanga had committed an offence under the Children's Online Privacy Protection Act (COPPA).
The complaint said that Xanga had actual knowledge that they were collecting and disclosing personal information from children, said an FTC statement. The Xanga site stated that children under 13 could not join, but then allowed visitors to create Xanga accounts even if they provided a birth date indicating they were under 13, it said.
“Protecting kids’ privacy online is a top priority for America’s parents, and for the FTC,” said FTC Chairman Deborah Platt Majoras. “COPPA requires all commercial Web sites, including operators of social networking sites like Xanga, to give parents notice and obtain their consent before collecting personal information from kids they know are under 13. A million-dollar penalty should make that obligation crystal clear.”
In addition to paying the $1 million civil penalty, Xanga will be monitored by the FTC and will have to delete all personal information that violates COPPA. The company will also have to provide links on its site to FTC educational material for a period of five years.
Xanga has 25 million registered members. The FTC's case claimed that it had allowed 1.7 million people under 13 to create personal profiles in the past five years. The creation of profiles involves the collecting and displaying of personal information.
Xanga agreed to a consent order which binds them to make the $1m payment and adhere to other conditions, such as the FTC monitoring and the posting of links to FTC material. Consent orders do " necessarily constitute an admission by the defendants of a law violation", said the FTC statement.