For Release: March 11, 2024
Washington, D.C. – The National Association of Attorneys General (NAAG) sent a letter today to the Federal Trade Commission (FTC) on behalf of a bipartisan coalition of 43 state attorneys general to urge the federal government to update and strengthen the rules technology companies must follow under the federal Children’s Online Privacy Protection Act (COPPA).
Congress enacted COPPA in 1998 for the purpose of giving parents more control over information collected online from their children. The legislation directed the Federal Trade Commission (FTC) to establish regulations for operators of websites or online services regarding how they collect, use, and share personal information of children under 13 years of age.
The FTC is proposing changes to the COPPA Rule that would place new restrictions on the use and disclosure of children’s personal information and further limit the ability of companies to condition access to services on monetizing children’s data. The proposal aims to shift the burden from parents to providers to ensure that digital services are safe and secure for children. The attorneys general coalition wants the FTC to strengthen the amendments it’s proposing to the COPPA rules.
Among other things, the attorneys general are urging the FTC to expand the definition of “personal information” to include biometric identifiers such as fingerprints, retina, and iris patterns, a DNA sequence, and data derived from voice data, gait data, and facial data, as well as avatars generated from a child’s image and likeness.
The attorneys general also asked the FTC to adopt a comprehensive framework for determining whether services qualify for a proposed parental consent exception and to prohibit operators from abusing the multiple-contact exception in COPPA with engagement-maximizing push notifications. (To read all the recommended updates, read the letter in full.)
By statute, both the FTC and state attorneys general are empowered to enforce COPPA. Since the COPPA Rule became effective, state attorneys general, on their own and in partnership with the FTC, have pursued multiple actions for violations of the COPPA Rule.
Late last year, state attorneys general sued Meta, the parent company of Facebook and Instagram, for violations of state consumer protection laws and COPPA. The complaint alleges Meta knowingly designed and deployed harmful features on Instagram and its other social media platforms that purposefully addict children and teens. All the while, Meta falsely assured the public that these features are safe and suitable for young users. The case is ongoing.
The following states joined this letter:
AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, IL, IN, KY, ME, MD, MA, MI, MN, MS, NE, NV, NH, NJ, NM, NY, NC, OH, OK, OR, PA, PR, RI, SC, SD, TN, VI, UT, VT, VA, WA, and WI
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The National Association of Attorneys General (NAAG) is the nonpartisan national forum for America’s attorneys general and their staff. NAAG provides a community for members to collaboratively address issues important to their work and resources to support attorneys general in protecting the rule of law and the United States Constitution.
