In his 2023 State of the Union address, President Joe Biden called for a tech reform to protect children's privacy online. The speech highlighted the negative impact social media can have on the mental health of teenagers and the need to limit the personal data tech companies collect on them. Biden
has called for similar measures in previous State of the Union addresses as well.
Sen. Ed Markey (D-Mass.) plans to reintroduce the Children and Teens' Online Privacy Protection Act, known as COPPA 2.0, in this Congress session. Markey wrote the original bill in 1998 as a House representative and has since updated it to reflect the growing digital privacy concerns for children. More than half of America's teens say it would be difficult to give up
social media, and the bill aims to address the use of targeted advertising and the collection of their data.
COPPA 2.0 updates the 1998 Children’s Online Privacy Protection Act and increases the cut-off age for privacy protections from 13 to 16. The biggest change from the original bill is the ban on targeted advertising for children, which aligns with Biden's comments in his speech. The
bill also creates a Youth Privacy and Marketing division at the FTC to handle issues related to kids' online privacy.
However, the bill failed to get a floor vote in the Senate last year after passing out of committee. Republicans on the committee largely opposed the bill, arguing that privacy legislation should focus on all Americans instead and were concerned about the FTC's rulemaking
authority under the bill. Markey has been trying to pass updates for kids' privacy regulations since 2011, but the split Congress could mean another attempt in 2024.
Despite opposition, Biden's focus on online protections for children has garnered support from key advocacy groups, who have called for updated measures for years. Josh Golin, the executive director of Fairplay, which
opposes marketing geared toward children, said, "It's been 25 years since Congress passed legislation to protect children and teens online, and Congress simply cannot wait any longer."
The tech industry has responded to Biden's call for new privacy laws, saying that strict regulations could hurt competition and innovation. Industry groups like the Computer & Communications Industry
Association, which includes tech giants like Amazon, Apple, Google and Meta, have said that regulations proposed last year would hamper the tech industry's ability to compete globally. However, they have also acknowledged the need for privacy regulations and the protection of children.
The Interactive Advertising Bureau, which is also made up of Amazon, Google, and Meta, has opposed a
blanket ban on ads targeting children but supports privacy regulations. Lartease Tiffith, the IAB's executive vice president for public policy, said, "Punishing bad actors is a must, and IAB supports stronger laws to protect kids, but blaming data and technology for complex problems, and restricting or eliminating digital advertising, could severely diminish the benefits of the internet for everyone."
Ad industry groups have also responded to Biden's State of the Union address, reiterating their support for national legislation but opposing attempts to broadly restrict online ad targeting. Privacy for America, an umbrella group, stated that privacy legislation should "distinguish between harmful practices that should be prohibited and responsible data practices like advertising that provide valuable information to consumers and are essential to innovation and economic
growth."
While the debate over privacy and children's online safety continues, it is clear that the need for increased protections is urgent. As more and more young people become involved in the digital world, the risk of exploitation and the abuse of their personal information increases. It is important for government agencies, tech companies, and advocacy groups to work together to
find a solution that balances privacy concerns with the benefits of technology.
Bob Liodice, CEO of the Association of National Advertisers, said, "Digital advertising funds most popular apps, websites, and services, and businesses of every size depend on such ads to reach new customers and grow, so we should make sure that any legislation is designed to address specific consumer harms
and not overreach in a way that would stifle growth and harm the overall digital ecosystem."
The concern over privacy violations and the exploitation of children's personal data has been growing for years, and many believe that the current laws in place are no longer enough to protect them. In 2021, TikTok faced criticism for its data collection practices, and social media companies were
called out for not doing enough to protect minors from cyberbullying and other forms of online harassment.
In addition to the COPPA 2.0 bill, the FTC has also proposed its own set of privacy regulations that would require tech companies to provide clear and concise information about their data collection practices. The FTC has been working to enhance privacy protections for consumers,
especially children, and has issued numerous fines to companies that have violated the Children's Online Privacy Protection Act.
The discussions on online privacy and children are likely to continue in the coming months, with both the tech industry and government agencies expected to play a role. Tech companies are expected to provide more transparency about their data collection
practices and provide consumers with more control over their personal information.
The government, on the other hand, is expected to work on legislation that would better protect children's privacy online.