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Update on Maine Children's Privacy Law

We notified you last month about a new Maine law that severely restricts the collection and use of "personal information" or "health-related information" from minors, presumably anyone under age 18.  There are a number of serious constitutional problems with this new law, including First Amendment and dormant commerce clause concerns.  In addition, there is a strong argument that the new law, which restricts all communications with minors, whether online or offline, is preempted by the federal Children's Online Privacy Protection Act (COPPA).

ANA has been working with a coalition of marketers and other industry groups to determine how best to respond to this new legislation.  There were constructive meetings this week with the sponsor of the bill and the state Attorney General to discuss the serious problems with the law, which takes effect next month.  Since the law contains a "bounty hunter" provision with a private right of action, it appears that a lawsuit to enjoin the effective date may be necessary. 

If your company has significant operations in Maine, it would be very helpful if you could provide us specific examples of how this new law will block your ability to communicate with children in the state.

We will keep you informed about further developments.  If you have any comments or questions about the Maine law, please contact Dan Jaffe (djaffe@ana.net) or Keith Scarborough (kscarborough@ana.net) in ANA's Washington, DC office at 202-296-1883.

Legislative and Regulatory Issues Tracking

ANA's Washington, DC office works to protect the ability of all marketers to communicate effectively with consumers.   The scope of legislation, regulations, and court cases impacting the marketing community continues to be extremely broad, extending to issues as diverse as online privacy, prescription drug advertising, restrictions on the tax deductibility of advertising costs and the regulatory powers of the Federal Trade Commission.

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Compendium of Legislative, Regulatory and Legal Issues

ANA's Washington, DC office plays a leading role in protecting the ability of all marketers to communicate effectively with consumers. At the end of each year, we prepare a Compendium which describes our efforts on the broad range of issues we have faced. 

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Alliance for Family Entertainment

The ANA Alliance for Family Entertainment (AFE) is a coalition of national advertisers, supported by the ANA, which represents almost 40% of all U.S. television advertising dollars..

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SAG/AFTRA

ANA and the American Association of Advertising Agencies (4A’s) conduct broadcast talent negotiations with the Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA) through the Joint Policy Committee, or JPC.

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