CARU's Annual Supporter's Council Meeting Was a Success!

CARU held its annual Supporter's Council Meeting at Davis & Gilbert LLP this week in New York City. The Supporter's Council Meeting is a chance for CARU's supporters to meet and discuss the latest developments in the industry and pressing issues that companies are being faced with. It's a chance to network with other industry professionals as well and learn how they're dealing with them.

This year, we kicked off the day by revisiting the COPPA changes and discussed how they are continuing to affect the industry. Attendees had the chance to discuss the law's grey areas and their implications on business. CARU welcomed the feedback, which it plans to take to its ongoing discussions with the FTC about the law's more nuanced intricacies. Next, Jon Brescia from the Online Interest-Based Accountability Program spoke about evolving methods of online tracking such as cookie-less tracking on both desktop and mobile devices. Participants had a chance to learn more about the way CARU and the Accountability program work behind the scenes to identify these trackers and ensure that Safe Harbor participants aren't running afoul of COPPA's new rules.

Elaine Kolish and Maureen Enright from the Children's Food and Beverage Advertising Initiative were also present to discuss how the CFBAI harmoniously works with CARU. Discussions touched upon streaming media and how to ensure proper ad placement.

Finally, in the wake of the evolving landscape of third-party video platforms, discussion moved onto issues of blurring, endorsements and the future implications of similar platforms.

CARU also addressed its Supporters about what it's been up to in the last year and what its future plans are. CARU also asked its supporters for feedback on what they believe should be CARU's focus for the upcoming year.

Being a member of CARU gives supporters a seat at the table when discussing issues on the forefront in the industry. If your'e not already a member of CARU contact Wayne Keeley (wkeeley@caru.bbb.org) or Jay Black (jblack@caru.bbb.org) to discuss how you can join.

Kids Internet Design and Safety Act Seeks to Protect Children from Harmful Online Content

United States Senators, Mr. Richard Blumenthal from Connecticut and Mr. Edward Markey from Massachusetts, introduced a new bill referred to as the Kids Internet Design and Safety Act (the “KIDS Act”). One of the Senator’s introducing the KIDS Act, Mr. Edward Markey, was the co-author of the Children’s Online Privacy Protection Act (“COPPA”). The KIDS Act seeks to include noteworthy advertising rules and create new protections for children online, specifically for online users under the age of 16. The proposed advertising rules within the KIDS Act are to ban websites from: (1) exposing young online users to advertisements “with embedded interactive elements”; (2) recommending any content involving alcohol, nicotine, or tobacco to young online users; and (3) recommending content that includes influencer marketing, like unboxing videos, or host-selling to young online users. Additionally, the KIDS Act seeks to prohibit certain online features to protect children, like prohibiting...

After Review, CARU Finds Snapchat Compliant with COPPA

In a recent decision, CARU found Snap Inc.’s (Snap) Snapchat app to be compliant with both the CARU Guidelines and the Children's Online Privacy Protection Act (COPPA). “The company goes beyond minimal procedures to prevent under-age use” CARU stated. CARU determined that Snapchat is an app directed to a general audience, not intended for use by children. In reaching this conclusion, CARU considered that Snap’s Terms of Service clearly prohibit users under 13 years of age and makes no effort to market the app to children or provide them with an appealing user experience. With that understanding, Snapchat is permitted under the Guidelines and Children’s Online Privacy Protection Act (“COPPA”) to age-gate and block children under 13 from using its services, which it does. CARU then examined whether Snapchat does so effectively. CARU observed that Snapchat utilizes age-gates and many safeguards to ensure that if children manage to breach the existing age-...

Advocates believe Kid Influencers Deserve Same Protections as Other Child Stars

Although there are child labor laws in California that are designed to protect child stars from exploitation (The Coogan Act), the same protections don't always apply to child YouTube and Instagram stars, or kid influencers. Kid Influencers accounts are usually run by their parents since platforms like YouTube and Instagram have age limits of 13 years old. One consequence of not owning their accounts is that all profits received go directly to the guardians and, unlike traditional child actors in California, these guardians are not required to set aside some of the profits for the children. Advocates like Paul Petersen, believe the legal protections like those in California should apply to children outside of the state. Petersen has said that because YouTube is in San Bruno, California and they are paying to broadcast children, California law must apply to those child stars. Many guardians of kid influencers feel these regulations are unnecessary and that the guardians are doi...

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