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House Energy and Commerce Chairman Frank Pallone Calls for Update to Children’s Privacy Legislation

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March 11, 2021 – House Energy and Commerce Committee Chairman Frank Pallone, D-N.J., on Thursday called for an update to the Children’s Online Privacy Protection Act at subcommittee hearing on “Kids Online During COVID: Child Safety in an Increasingly Digital Age.”

“The challenges children face online existed before the pandemic, but it’s only gotten worse,” he said.

Visiting in person with extended family and friends have so far become a thing of the past as the COVID-19 pandemic continues. Many other in-person activities have been replaced with video games, social media, and other video services.

Kids’ screen time has doubled during the pandemic, said Pallone. The effects of too much screen time can increase instances of anxiety, sleep deprivation, obesity, and cyber bullying, he said.

The increased screen time due to the pandemic has turned consumers into victims of what he called harassment and dark pattern manipulation led by advertisers. Children cannot defend themselves like adults in managing these predatory practices, he said.

“Despite laws to protect children’s privacy, data collection and tracking of children is disturbingly prevalent.” He went on to criticize many apps targeting children on mobile devices are notorious for collecting personal information, which is then bought and sold, resulting in advertising meant to manipulate children.

He said that digital ad spending specifically targeting children was expected to reach $1.7 billion this year. COPPA, which hasn’t been updated since 2013, needs to be updated because, he said, internet companies have since continued to target children.

Cybersecurity

Remote Work an Opportunity for Service Providers to Build Trust on Cybersecurity: Research Director

A study by Futurum Research found organizations expect more remote work long-term.

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Photo of Ron Westfall, research director at Futurum Research

July 6, 2022 – An increase in remote work post-pandemic provides internet service providers with an opportunity to build trust by prioritizing cybersecurity, according to a new study discussed Wednesday.

The Futurum Research study of over 500 respondents – many of which are influential decision makers – concluded that post-pandemic, organizations are expecting their workforce to become more remote long-term.

“This, I believe, provides an opportunity for service providers to, for example, prioritize higher security as a way for these organizations to have more confidence and have more satisfaction in how the work-from-home coordination and limitations are optimized,” Ron Westfall, research director and senior analyst at Futurum Research, said at Fiber for Breakfast event on Wednesday

Cybersecurity is a huge concern for companies as employees work from home on various networks and with less supervision and “there is still a lot of work to be done,” continued Westfall. Security remains a hot topic in the industry as cyberattack threats increase.

Organizations that have already adopted a single, holistic approach to remote working are showing greater satisfaction with the outcomes of their collaboration platforms, Westfall said. Westfall indicated that executive leaders need to take action to produce an organization-wide work-from-home collaboration policy.

Video surveillance and artificial intelligence technologies are allowing key decision makers to maintain a remote work presence. However, over two-thirds of companies are still improvising how they will approach the remote or hybrid workforce, said Westfall.

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Privacy

Experts Wrangle Over Whether Online Children Protection Legislation Needs Overhaul

‘We can’t keep overhauling the regulatory structure.’

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WASHINGTON, June 21, 2022 – Observers at an Information Technology and Innovation Foundation event on Wednesday urged Washington not to take legislation protecting children online down the path of congressional overhaul, instead preferring guidance for the existing text to come from its administrator, the Federal Trade Commission.

The Child Online Privacy Protection Act, passed in 1998, includes online data protections for children under 13. In 2013, as designated by Congress, the FTC updated enforcement rules, giving parents more control over the online collection of their children’s personal information.

Since then, new advances in technology and social media has brought COPPA to the attention of many who consider substantive changes are needed, including privacy experts, senators and U.S. President Joe Biden, who addressed it in his State of the Union address earlier this year.

Some lawmakers have long called for an age increase for those protections through legislative reforms, which came before lawmakers this month introduced a proposal for the first federal privacy law, which would include data privacy protections for children under 17.

“We can’t keep overhauling the regulatory structure,” said Julia Tama, partner at law firm Venable LLP. “It takes a big investment for companies to come up to speed.”

Instead, she said, she wants “improvements on what we have rather than replacing it with a completely different framework.”

In May, the FTC issued a policy statement that will guide its enforcement of COPPA. It focused on four provisions: limiting the amount of data collected for children’s access to educational tools; restricting types of data collected and requiring reasons for why they are being collected; prohibiting ed tech companies from holding on to data for speculative purposes; and prohibiting the use of the data for targeted advertising purposes.

Graham Dufault, senior director for public policy at the App Association, said the FTC should be responsible for potential provisions made to COPPA. “The FTC’s enforcement of COPPA is a really important thing for us.”

But panelist James Cooper, associate professor of law and director of the program on economics and privacy at George Mason University, said COPPA isn’t in need of any major revisions. He said if the legislation requires change, he doesn’t want to see it done through FTC policy statements and instead should come from the crafters in Congress.

“If the FTC feels [the need to] expand COPPA beyond its current boundaries, it should go back to Congress,” Cooper said.

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Privacy

Expand Online Protections for 17-Year-Olds in Draft Federal Privacy Law, Committee Urged

The draft privacy law includes a provision to enhance privacy protections online for children under 17.

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Photo of the hearing held by the subcommittee on consumer protection and commerce

WASHINGTON, June 16, 2022 – Panelists before the subcommittee on consumer protection and commerce recommended Tuesday that a newly-crafted draft for federal privacy legislation introduced earlier this month include online protections for 17-year-olds.

The draft of the American Data Privacy and Protection Act, which would be the first federal privacy law, includes a provision to enhance privacy protections online for children under 17, including restrictions on Big Tech platforms’ data collection and targeted advertisements to those age groups.

But testimony from Jolina Cuaresma, senior counsel on privacy and technology policy at Common Sense Media, suggested that the language include 17-year-olds as well.

If the bill becomes law, she said this would provide a substantial upgrade to the Child Online Protection Privacy Act, which provides online protections for children under 13. “We need to cover all minors under the draft’s protections,” Cuaresma said, adding, “one in four children between the ages of 9 and 17 have had a sexual encounter with an adult online.”

With ongoing discussion about potential changes to COPPA and ensuring children’s privacy online due to increasing use of online educational tools and social media, Rep. Kathy Castor, D-Fl, stated during the hearing, “there is room for improvement in the draft for children’s protections.”

Big Tech regulation

Witnesses also said the draft should make clearer limits for Big Tech companies. Caitriona Fitzgerald, deputy director of the Electronic Privacy Information Center, said, “technology companies have too much power” and have been unregulated for too long. She urged the bill to define responsibilities more clearly for big tech companies, individuals, states, and federal entities.

Chairman Frank Pallone Jr. of the energy and commerce committee stated that if the bill passes, “our kids will be protected from abusive advertising and data transfers, and businesses will be required to protect consumer data or face real consequences.

“Comprehensive national privacy legislation is necessary to limit the excesses of Big Tech and ensure Americans can safely navigate the digital world,” said Pallone.

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