Senators Looking to Increase Privacy Safeguards for Children and Teens by Extending COPPA’s Reach

The Children’s Online Privacy Protection Act (COPPA) took effect in April 2000, back at a time when social media, smartphones, and Big Tech were just a twinkle in our eyes. As we approach the 20th anniversary of COPPA, a coalition of bipartisan senators are pushing for reform in light of Facebook’s controversial Project Atlas research app, which “paid users as young as 13 for sweeping access to their phones to gain insight into their habits to inform future product decision.” Read more in Cat Zakrzewski’s article in the Washington Post.

COPPA protects children under 13, but given the fact that older children and teens do not fully understand the ramifications of consenting to a company’s privacy policy, legislators are pushing to expand and update federal legislation protecting children’s digital privacy. A federal standard would ensure companies stay consistent in operating nationwide or international business, as other jurisdictions have taken broader action than current U.S. federal law provides for, such as California with the California Consumer Privacy Act set to go into effect in 2020 and the EU’s GDPR that took effect in 2018.

To learn how all of these laws coexist and what companies must do to remain in compliance, attend our “Understanding Privacy Laws: Not Child’s Play” panel at the Children’s Advertising Review Unit 2019 Conference on March 6th in Los Angeles. Privacy experts from Sony Pictures Entertainment, BakerHostetler LLP, Council of Better Business Bureaus, Inc., and Covington & Burling LLP will inform you how to harmonize your practices to comply across the board. For more information and to register online, visit the CARU Conference website.

20 Years Young: The History and Maturing of COPPA in a Privacy-Conscious Age

1998: A Concern for Children’s Privacy Was Born From the moment home computers had the capacity to connect to the Internet, children had the ability to use these technologies to access online websites and services. In the 1990s, concerns about children’s privacy and safety online arose amid fears of marketing practices around selling children’s personal information and exposing children’s information to predators. The Children’s Advertising Review Unit (CARU), founded in 1974, has always been on the forefront of safeguarding children’s privacy. CARU is the self-regulatory arm of the children’s advertising industry, tasked with promoting truth in children’s advertising by reviewing and evaluating child-directed ads in all media to ensure they are truthful, accurate and appropriate. CARU also monitors online privacy practices as they affect children. Before there was any legislation on the matter, CARU monitored a burgeoning Internet and observed how children’s privacy and sa...

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-...

i-Dressup Shuts Down in Wake of Privacy Breach and COPPA Violation

I-Dressup, a fashion-themed social website for teens, has completely shut down as part of a settlement with the New Jersey Department of Consumer Affairs, following a massive privacy breach and violations of the federal Children's Online Privacy Protection Act (COPPA) and New Jersey state law. In September 2016, a hacker sent 2.2 million i-Dressup account credentials to technology blog Arstechnica as well as to haveibeenpwned.com, a searchable online database of data breaches. Responding to the news, New Jersey investigators discovered that 2,519 of the compromised accounts belonged to New Jersey children below age 13. I-Dressup, allegedly aware that it had child users, had violated COPPA by failing to obtain verifiable parental consent prior to collecting and processing personal information from the children, including first and last names and email addresses. In a consent decree with the New Jersey Attorney General Gurbir Gerwal, parent company...

Search This Blog