U.S. Act of Congress: S.1418 – Children and Teens’ Online Privacy Protection Act – Position Paper
An overview and analysis of the COPPA 2.0 Law
Scam Criminology – A Series
A SCARS Institute™ Whitepaper
Summarization of S.1418
The Original COPPA Children’s Online Privacy Protection Rule (“COPPA”)
Rule Summary
COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.
The Original COPPA (1.0) PART 312—CHILDREN’S ONLINE PRIVACY PROTECTION RULE
COPPA 2.0
Senate Bill S.1418 – Children and Teens’ Online Privacy Protection Act
COPPA 2.0, led by Sens. Ed Markey (D-Mass.) and Bill Cassidy (R-La.), would, in its current form (S. 1418), update the 1998 Children’s Online Privacy Protection Act (“COPPA”), which restricts the online collection of personal information from children under the age of 13. COPPA 2.0 would amend COPPA’s existing protections for children under the age of 13 and create new protections for teens under 17 years old. The bill:
- Expands the types of operators subject to the law and expands the definition of “personal information.”
- Restricts the collection, use, and disclosure of children and teens under 17 personal information for certain types of advertising to those groups.
- Expands COPPA’s application to operators with “knowledge fairly implied on the basis of objective circumstances” that a particular user is a child or teen under 17.
- Provides new rights to teens and expanded rights to parents of children, including the right to delete personal information collected from the child or teen and “content or information submitted by” the child or teen.
- Limits the circumstances in which personal information of a child or teen under 17 may be processed.
COPPA 2.0 also has significant bipartisan support, and it passed the Senate Commerce Committee unanimously.
SCARS Institute Analysis of COPPA 2.0
The proposed COPPA 2.0 (S.1418) legislation enhances the original Children’s Online Privacy Protection Act (COPPA) by introducing several significant updates aimed at better protecting children and teenagers online. Here are the key differences and new positives:
Expanded Age Coverage: COPPA 2.0 extends protections to teenagers aged 13 to 16, whereas the original COPPA primarily protected children under 13. This extension recognizes the vulnerabilities of teens in the digital space and offers them similar privacy protections.
Prohibition of Targeted Advertising: The new bill explicitly bans targeted advertising to children and teens, a significant move to protect young users from exploitation by advertisers and the negative mental health impacts associated with such practices.
“Reasonably Likely to Be Used” Standard: COPPA 2.0 replaces the “actual knowledge” standard with a “reasonably likely to be used” standard. This change means that platforms cannot evade responsibility by claiming ignorance of their user base’s age. Instead, they must proactively ensure their services are compliant if they are likely to be used by minors.
Eraser Button: The introduction of an “Eraser Button” allows children, teens, and parents to request the deletion of personal information, giving users more control over their data and enhancing their privacy rights.
Digital Marketing Bill of Rights for Teens: This new provision limits the collection of personal information from teens, aiming to safeguard their privacy more effectively and prevent data misuse.
Youth Marketing and Privacy Division at the FTC: The establishment of this division within the Federal Trade Commission (FTC) focuses specifically on the marketing practices and privacy concerns related to children and teens, ensuring dedicated oversight and enforcement of the new regulations.
These enhancements address the evolving digital landscape and the sophisticated methods used to collect and exploit children’s and teens’ data. By expanding age protections, banning targeted ads, and improving data control mechanisms, COPPA 2.0 aims to create a safer online environment for young users.
SCARS Institute Position of S.1418
Position Statement: SCARS Institute Fully Supports the COPPA 2.0 S.1418 Children and Teens’ Online Privacy Protection Act
Call to Action: Urge Congress to Pass the S.1418 Children and Teens’ Online Privacy Protection Act
The Society of Citizens Against Relationship Scams Inc. (SCARS Institute) stands in full support of the “S.1418 Children and Teens’ Online Privacy Protection Act.”
This landmark legislation represents a critical step forward in ensuring the safety and well-being of our children in the digital age. The Act introduces comprehensive measures designed to protect minors from the myriad of dangers that exist online, including harmful marketing and exploitation.
Why SCARS Supports the COPPA 2.0 S.1418 Children and Teens’ Online Privacy Protection Act:
At SCARS, we have seen firsthand the devastating effects that online scams, exploitation, and harmful content can have on individuals and families. The COPPA 2.0 S.1418 Children and Teens’ Online Privacy Protection Act addresses these issues head-on, providing a framework to protect the most vulnerable members of our society—our children and teens. It takes what we have learned over the past 25 years and updates it for the present threat environment.
This legislation is not just a policy; it is a commitment to creating a safer digital world where children & teens can live online without fear of encountering harmful marketing predatory behavior and abuse of their privacy
Call to Action:
We urge all our supporters, members, and the broader community to take immediate action. Contact your congressperson today and express your strong support for the COPPA 2.0 S.1418 Children and Teens’ Online Privacy Protection Act. Let them know that this legislation is crucial for the safety and well-being of our children.
By passing this Act in the U.S. House of Representatives and sending it to the President for his signature, we can make a significant impact on the safety and security of children and teens online.
How You Can Help:
- Contact Your Congressperson: Reach out to your local representatives and urge them to support the S.1418 – Children and Teens’ Online Privacy Protection Act – COPPA 2.0. Your voice matters, and together we can drive this critical legislation forward.
- Spread the Word: Share this position statement with your friends, family, and social networks. Encourage others to join the cause and advocate for the safety of children online.
- Stay Informed: Follow SCARS and other advocacy groups to stay updated on the progress of this legislation and other initiatives aimed at protecting minors online.
At SCARS, we are committed to the safety and well-being of every individual. The COPPA 2.0 S.1418 Children and Teens’ Online Privacy Protection Act is a vital step toward a safer digital future for our children. Let’s work together to ensure its passage and create a safer online world for all.
For more information or to get involved, please contact your Representative directly. You can find them here: Find Your Representative | house.gov
Together, we can make a difference.
Sincerely,
Tim McGuinness, Ph.D., DFin, MCPO, Manth
Director,
SCARS Institute™
Society f Citizens Against Relationship Scams Inc.
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