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.
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.
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.
Draft of Bipartisan ‘Years-in-the-Making’ Privacy Bill Released
The bill is bipartisan, and a joint effort between the House Energy and Commerce Committee and the Senate Commerce Committee.
WASHINGTON, June 3, 2022 – Leaders of the House Committee on Energy and Commerce and the Senate Commerce Committee announced on Friday a discussion draft of a “comprehensive” data privacy bill that they say has been in the making for years.
The bipartisan bill overall addresses a national data privacy framework, a set of consumers’ data privacy rights and appropriate enforcement mechanisms.
The release was announced by the House committee’s Chairman Frank Pallone, D-N.J., its ranking member Rep. Cathy McMorris-Rodgers, R-Wash., and the Senate committee’s ranking member Sen. Roger Wicker, R-Miss.
“In the coming weeks, we will be working with our colleagues on both sides of the aisle to build support and finalize this standard to give Americans more control over their personal data,” they said.
“We welcome and encourage all of our colleagues to join us in this effort to enable meaningful privacy protections for Americans and provide businesses with operational certainty. This landmark agreement represents the sum of years of good faith efforts by us, other members, and numerous stakeholders as we work together to provide American consumers with comprehensive data privacy protections.”
They called the release of the draft a “critical milestone.”
The proposed bill would grant Americans protections against discriminatory use of their data, require covered entities to minimize on the front end the data they collect, enforce loyalty duties and prevent customers from needing to pay for privacy, prohibit targeted advertising for covered entities, enhance data protections for children and minors and establish “regulatory parity” across the internet.
Child privacy has been a particular topic of interest on Capitol Hill, with several high profile hearings taking place with social media companies to investigate their practices of catering to teenage users.
Conservative Think Tank says FTC Should Be Sole Federal Privacy Regulator
‘The key to striking the right balance lies in ‘guided FTC rulemaking’ in a federal law, echoed by privacy experts and private sector companies alike.’
WASHINGTON, June 2, 2022 – As states begin to pass their own privacy laws, experts from conservative group the R Street Institute pushed for a federal privacy law with the Federal Trade Commission as the “primary enforcer.”
“We need to have one standard, one set of laws. It should not matter where you live…you should have the exact same basic privacy rights as anyone, anywhere,” Brandon Pugh, senior fellow and policy counsel at R Street, said at an R Street event Wednesday. He added that California, Colorado, Virginia and Utah have their own privacy laws. “If we don’t do a federal law, [more] will continue.”
During Wednesday’s event, Lauren Zabierek, executive director of the Cyber Project at Harvard Kennedy School, said that the FTC should have “the primary role for overseeing privacy regulation,” while Pugh said that this would avoid a “patchwork of agencies all taking a different element of privacy.”
In a blog post on its website on Tuesday, R Street said, “The key to striking the right balance lies in ‘guided FTC rulemaking’ in a federal law, echoed by privacy experts and private sector companies alike.” That conclusion was drawn after receiving feedback from 130 stakeholders, the think tank said.
Data privacy is one of the most pressing issues in the U.S. “The United States is one of the industrialized countries that lacks a single, national data privacy law,” said cyber experts from the R Street Institute. “The current lack of federal privacy legislation affects the economy, national security and consumer safety and is—at its most basic level—not a controversial issue for most Americans.”
Because of this, “multiple leaders of top-tier tech companies have, in recent weeks, called for privacy legislation.”
- Agency Leaders Urge Improvements to Spectrum Management
- Fixed-Wireless Behind Fiber, U.S. Broadband Competition, Oregon Broadband Map
- Researching the Impact of Digital Equity Funding Starts With Community Collaboration
- Experts Say Partnerships Key for Downtown City Connectivity
- FTC Commissioner Says Agency Report on AI for Online Harms Did Not Consult Outside Experts
- 5G Drone Test, Viaset Step Closer to Inmarsat Buy, Charter Awarded Nearly $50 Million in Kentucky
Signup for Broadband Breakfast
Broadband Roundup2 months ago
Google Facing App Store Suit, Shareholder Suit Against Twitter Buy, Fiber Optic Technician Training Nationwide
Fiber2 months ago
AT&T Q1 Reflects Fiber Growth, Fixed-Wireless Still Plays Crucial Role for Rural Americans
Broadband Roundup1 month ago
AT&T and DISH Agreement, FCC Adds More States in Robocall Fight, $50M from Emergency Connectivity Fund
Broadband Roundup2 weeks ago
Crypto Regulation Bill, Ziply Fiber Acquires EONI, AT&T Tests 5G via Drone
Open Access3 months ago
‘Worst Broadband City’ Brownsville Approves Open Access Fiber Project with Lit Communities
#broadbandlive2 months ago
Broadband Breakfast for Lunch on June 8, 2022 — Preparing for Federal Broadband Funding with the Rural Utilities Service’s Christopher McLean
Broadband Roundup1 month ago
AT&T’s 911 Tech, Russia Cyberattacks, Musk’s Twitter Would Reinstate Trump
#broadbandlive3 months ago
Broadband Breakfast on April 27, 2022 – New Wires on Old Poles: Will the FCC Change Rules for Attachments?