Online Protections for Children Bill Passes Committee Despite Concern over FTC Authority
Opposition to a reformed COPPA include the ability of the FTC to enact broad rule-making.
Riley Haight
WASHINGTON, July 28, 2022 – The Senate Committee on Commerce, Science and Transportation approved two online privacy protection bills in a Wednesday markup, including an update to legislation that will increase the age for online protection for children.
An update to the Children and Teens’ Online Privacy and Protection Act (S.1628) – which originally passed in 1998 but had amendments proposed last May – would see the age of protections increase from 13 to 15, meaning large internet companies will be prohibited from collecting the personal information of anyone under 16 without consent and ban targeted marketing to those children. The bill passed via voice vote.
Other provisions in the bill include a mandate to create an online “eraser button” that will allow users to eliminate personal information of a child or teen; implement a “Digital Marketing Bill of Rights for Minors” that limits the collection of personal information from young users; and establish a first-of-its-kind Youth Privacy and Marketing Division at the FTC,” according to a summary of the bill’s key components.
“The Senate Commerce Committee this morning took a historic step towards stopping Big Tech’s predatory behavior from harming kids every day,” Senator Edward Markey, D-Mass., who introduced the amendments, said Wednesday.
The other bill, the Kids Online Safety Act (S.3663), will give parents enhanced control over their children’s online activities to “better protect their health and well-being.” The bill, introduced by Senator Richard Blumenthal, D-CT, and Senator Marsha Blackburn, R-TN, passed 28-0.
The bill would put in place additional safeguards and tools, such as platforms giving minors options to protect their personal information and to disable recommendations.
“I don’t think we’ve ever had a piece of legislation that has had such strong support across groups across the country” “Parents want a tool kit to protect their children online,” Senator Blumenthal said during Wednesday’s hearing.
The bills now move to the Senate floor.
Concern about FTC authority under new COPPA
Under COPPA 2.0, the FTC authority includes determining what are “unfair or deceptive acts” in marketing practices and enforcing violations. In May, the agency put out a policy statement specifying its focus on enforcing the existing version of the bill.
Some senators voted against passing COPPA 2.0 over concern that it would give the Federal Trade Commission too much rule-making authority.
Senator Blackburn said there should be more restrictions on the ability of the FTC to make rules so there wouldn’t be overreach.
Similarly, Senator Mike Lee, R-UT, said he was not able to support the bill during markup because he is concerned about “giving a blanket ruling power to the FTC.
“We are at our best when we carefully consider legislation and don’t rush through it,” Lee said.
