The sale of personal information to third parties by online companies is an illegal endeavor that
can attract legal on the culprits. Sharing of personal information for any reason is illegal if
collected without consent or from minors. XYZnet's sale of Erin's information, a child of only
twelve, breaks several legal statutes which give John an expansive room to file legal lawsuits for
the firm's infringements to John's family right to privacy.
The XYZnet entity breaches the Children's Online Privacy Protection Act, a federal law that
restricts data that companies can gather, sell or share about children below thirteen years. This
law requires websites to get a verified parental consent before collecting children's data for any
use. XYZnet must bear the cost and do the work the law requires to achieve compliance. John
can sue for the breach of these laws because XYZnever verified Erin's right age from the parent.
According to Federal Trade Commission, ZXYnet faces a potential civil penalty of $43,280 or
less depending on the number of violations spelled out in breach of the Children's Online Privacy
Protection Act.
FERPA or "Family Educational Rights and Protection Act" is another federal law that governs
accessing educational information from access without parents' consent (Education Framework).
XYZnet's access also points to inadequate security measures to the computer network by Erin's
school administration. John can also sue the school to ensure it complies with the FERPA
requirements and ensure its computer network's safety from online fraudsters.
Also, but depending on the residence, some states of the United States have privacy laws. For
instance, California and Vermont require online entities to have an Opt-Out Option for clients
whenever individuals feel offended. However, it is not clear where John resides, but the
Children's Online Privacy Protection Act is enough to compel XYZnet to compensate for the
much damage to privacy it places on John's family.
Work Cited
Warmund, Joshua. "Can coppa work-an analysis of the parental consent measures in the
children's online privacy protection act." Fordham Intell. Prop. Media & Ent. LJ 11 (2000): 189.
Federal Trade Commission. "Complying with COPPA: Frequently asked questions."
https://www.ftc.gov/tips-advice/businesscenter/guidance/complying-coppa-frequently-asked-
questions-0. 2015.