The overall nature of the site, as well as its self- definition for editorial and advertising purposes, should be considered rather than individual components or elements of the site. This definition is overly broad and clearly not consistent with the scope and intent of the Act, which applies only to information collected online, not information requested online. Furthermore, broadening the definition in this way would impose a tremendous tracking and record-keeping burden on web site operators who may receive information offline from a variety of sources and may not be able to track information requested online separately. The applicability of the Rule should be limited to information collected online. This requirement has the potential to lead to excessively long and confusing notices, especially for web sites that have both children's and adult portions.
Many third parties are large conglomerates with multiple operations.
What if the operator drops one type of third party. This requirement exceeds the scope and intent of the Act, which requires operators to describe their own information practices only. This additional requirement to describe the information practices of third parties would create a tremendous burden on web site operators. It would also potentially create a liability for the web site operator if the third party intentionally or unintentionally violated its own privacy policy. This requirement is inconsistent with the Act, which does not specify a requirement to allow partial consent and, in a comparable situation, explicitly allows an operator to terminate service if a parent opts out of further use, maintenance or collection of data.