Proposed COPPA Changes Recognize Children’s Unique Digital Needs, Though Work Remains in Key Areas

FTC Takes Major Step to Protect Kids Online

In December 2023, the Federal Trade Commission’s (FTC) recent proposals to update the Children’s Online Privacy Protection Act (COPPA) represent a significant step towards better protecting children’s privacy and wellbeing online.

After spending considerable time working in the youth media and digital education sector, I have seen for myself the incredible influence technology can have on young people's lives. Nonetheless, this influence comes with significant responsibilities, particularly in protecting children's privacy.

As a proponent of ethical design and healthy digital experiences, I strongly advocate for regulations that consider young internet users' unique needs and vulnerabilities.

COPPA 2.0: What the FTC Got Right

The proposed COPPA changes recognize that children are not just small adults; their digital behaviors, capacities, and risks differ substantially from those of adults. Updating COPPA to align with these realities is long overdue.

Specifically, I applaud the FTC for expanding the definition of services directed at children to include those that appeal to kids under 13, even if not exclusively targeted at them. This change closes a problematic loophole that unprotected many children using popular services.

The proposals also update oversight and consent requirements in important ways, such as limiting a company’s ability to nudge children to provide personal information without guardian approval.

At the same time, I believe there are further opportunities to strengthen child safety within the COPPA update:

Addressing Emerging Technologies

The Federal Trade Commission (FTC) has established guidelines for websites and apps to ensure children's safety while using them. However, more specific guidance is needed for emerging technologies such as digital assistants, artificial intelligence, and virtual reality, as children are already engaging with them. These technologies are expected to be the defining technologies of GenAlpha, one of the largest generational cohorts in American society.

As innovators, we are responsible for considering safety and ethical concerns around such emerging technologies, even in the absence of regulation. Still, leadership from the FTC would be welcome in mapping out children’s rights and best practices as these immersive digital spaces develop.

Reconciling with Other Policy Efforts

Child advocacy groups have developed principles like Child Rights by Design globally to guide the ethical innovation of digital products and services for children. Meanwhile, individual states are enacting legislation to curb excessive smartphone use at bedtime for children.

In the quest to strengthen children’s digital safety, it’s crucial to align the proposed FTC policies with other significant initiatives, such as the California Age-Appropriate Design Code and the Kids Online Safety Act (KOSA).

By integrating these policies, we can establish a consistent, nationwide standard for children’s digital privacy and well-being instead of a patchwork approach between state and federal policy initiatives.

This simplifies compliance for tech companies and parents and ensures that every child, regardless of their location or platform, is included in our collective digital safeguarding efforts.

COPPA for 21 Century

The Federal Trade Commission (FTC) updates the Children's Online Privacy Protection Act (COPPA). Explicitly connecting this effort to a broader range of policies, voluntary principles, and public debates shaping child health in the digital era could prove beneficial.

Such integration is crucial in driving change and re-evaluating online protections for children as new technologies emerge. Several things stand out that policymakers and industry should consider:

1. Guidelines should focus on potential developmental impacts, not just privacy/data security. Immersive tech like AI and VR shapes how kids perceive the world, so guidelines should address age-appropriateness and healthy usage.
2. An adaptive, collaborative approach is needed. Rules can’t be rigid — they must evolve with rapid tech changes. Bringing together policymakers, tech experts, academics, and educators is key to creating comprehensive, insightful guidelines.
3. The goal should be to empower kids to use tech safely and positively. Overly prohibitive rules may limit access to tech’s benefits. Guidelines should help kids navigate new frontiers, not restrict exploration.
4. Gen Alpha will be the most digitally immersed generation ever. Today's Policies mold their primary development environment, so kids’ wellbeing should be the north star.

While pushing the envelope further on emerging technologies and complementary efforts, the FTC’s COPPA update nonetheless marks valuable and urgently needed progress. Children deserve thoughtfully designed online experiences where their wellbeing takes center stage.