KIDS techpolicy press house package
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Directs the FTC to develop and make available educational resources regarding safe and responsible use of chatbots by minors.
Kids Internet Safety Partnership Act
Establishes a body to coordinate with agencies and stakeholders to study and report on risks, benefits and evidence-based best practices regarding the impacts on minors of a broad range of online services and apps.
COPPA 2.0
A series of amendments to the original 1998 version of COPPA, providing updates for the contemporary internet and increased stringency. The measures include:
- Raising the age of a “child” for the purposes of the law to 14 from 13 and adding a teen category (14-18). Teens have some of the same protections as “children,” but the notice and consent that is in the domain of younger users’ parents is given over to teens themselves.
- The “actual knowledge” standard is updated, in at least some cases, to the stricter “knows or should have known” standard.
- The category of “personal information” protected under the law is updated to include additional types, such as media with image or voice, identifiers like IP addresses and cookies, biometrics, DNA, and geolocation data.
- Prohibits the collection, use, and sharing of children or teens’ personal information for individual-specific advertising and for any other purpose unless it is necessary for the service provided (or for compliance with federal law). Prohibits the retention of such information for longer than needed.
- Parents and teens have a new right of deletion for their child’s / their personal information.
- Separate rules are established for services provided through educational institutions, where the notice and consent are generally given over to that institution.
- State laws are no longer preempted from imposing stricter standards.
- Directs a study on risks to the privacy and mental health of teens who use financial technology products.
Data Broker Disclosures
Requires that data brokers who process minors’ personal data (as defined by COPPA 2.0) register with FTC and provide information on their customer credentialing practices and security breaches. A searchable directory of registered data brokers is to be published.
What’s next
On the bill’s passage in the House, Politico reported that the prospects of it advancing in the other chamber are “dim.” The August recess looms, as does a break ahead of the midterm elections, leaving Senators little time to consider the bill amid the chamber’s many competing priorities.
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Authors
Tim Bernard
Tim Bernard is a tech policy analyst and writer, specializing in trust & safety and content moderation. He completed an MBA at Cornell Tech and previously led the content moderation team at Seeking Alpha, as well as working in various capacities in the education sector. His prior academic work inclu...
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