Keller and Heckman LLP’s Post

During 2023, legislative, congressional, and executive actions aimed at protecting children and teens online took center stage. In “2023 U.S. Advertising and Privacy Trends and 2024 Forecast: Focus on Kids and Teens,” Keller and Heckman LLP Partners Sheila Millar and Tracy Marshall examine the history of the Children’s Online Privacy Protection Act (COPPA), and significant developments involving privacy and advertising to minors over the last year. These include legislative attempts to raise the age of a “child” at both the federal and state levels for advertising and privacy purposes; bans on behavioral advertising targeting minors; efforts to restrict minors’ access to social media; First Amendment legal challenges to laws such as the California Age-Appropriate Design Code Act (CAADCA); the Federal Trade Commission’s (FTC) long-awaited proposed changes to the COPPA Rule; and litigation developments, including suits seeking to hold social media platforms responsible for alleged mental and physical harms to children and teens.   To find out more about recent developments in children and teen privacy and advertising, and what we see coming in 2024, click the link below. https://lnkd.in/eZzR9q3q #advertising #privacy #FTC #COPPA 

DIGITAL ID. A new state laws calls for internet users to verify themselves with a government-issued ID, raising privacy and free speech concerns. In response to a Texas state law mandating digital ID age verification, Pornhub, a highly trafficked adult content website, has ceased operations in the state as of Thursday. Visitors to the site are now met with a detailed message from Pornhub criticizing the new legal requirement. The message denounces the measure as “ineffective” and “haphazard.” The adult entertainment brand is instead advocating for digital ID responsibilities to be shifted to the creators of internet-enabled devices, rather than individual websites. The contentious law, HB 1181, was enacted last year by the state’s Republican-led Legislature. It obliges distributors of material “harmful to minors” to verify that their users are over 18, using either a government-issued ID or another reliable system based on public or private data, without keeping any identifying user information. https://lnkd.in/ekiPBp3H

  #SpongeBob App Forced to #Stop Using #Children's #Data ---   The “SpongeBob: Krusty Cook-Off” mobile game is a popular cooking simulation game that includes both #targeted #advertising and in-app purchases and is directed to children under the age of 13. Owned by Tilting Point Media, it is alleged to have #collected and #shared its young players' #personaldata - without #parental #consent - with third parties, violating the California Consumer Privacy Act (#CCPA) and the federal Children’s Online Privacy Protection Act (#COPPA).   The company now has to pay $500,000 in civil penalties and must comply with the COPPA and CCPA requirements:   👉 Not share the #personal #information of users less than 13 years old without parental consent, and not share the personal information of consumers 13-16 years old without affirmative “opt-in” #consent   👉 Use only neutral age screens that encourage children to enter their age #accurately   👉 Provide just-in-time notices in cases where Tilting Point Media does #sell or share the personal information of children   Read more: https://lnkd.in/eufJw_R7

A recent wave of pixel tool litigation has presented unique challenges, particularly given increased regulatory activity and class action lawsuits alleging violations of the Video Privacy Protection Act (VPPA). Read more about pixel tools, this litigation trend, and its connection to the VPPA in our current Litigation Minute series: https://ow.ly/Gcfy50PKLoW #pixeltool #VPPA

Federal Trade Commission has proposed significant changes to enhance a key federal rule safeguarding children's privacy online. This marks one of the most substantial efforts by the U.S. government in over a decade to strengthen consumer privacy. The proposed changes aim to reinforce the regulations established by the Children’s Online Privacy Protection Act of 1998, limiting online tracking of children by services like social media apps, video game platforms, toy retailers, and digital advertising networks. Regulators emphasize that these measures will "shift the burden" of online safety from parents to apps and other digital services, also restricting how platforms utilize and monetize children's data.

For those that follow Tim Peterson at Digiday, you'll probably agree that his explainer videos are highly informative and easy to digest. I recommend spending nine minutes absorbing Tim's latest on the nexus of targeted advertising, children and CTV. Children's focused privacy legislation is a level (or seven) up from adult-oriented privacy laws. And I'd argue, rightfully so. Notwithstanding all the somewhat obvious reasons about how impressionable and easily influenced children are relative to adults, there is just far more risk of digital exploitation and undue influence given the vast amounts of data collection we know our supply-chain is capable of doing. Legal guardrails that require affirmative parental consent enable responsible adults to establish controls when it comes to data collected about their children, whether utilized for advertising or any other purpose. We shouldn't be arguing about this goal. What's problematic is how complicated it can become to adhere to these children-oriented online privacy regs. Which is why its on all of us in advertising to invest time learning about the laws and evaluating the impact that children's privacy regulations will have on our businesses. This is especially true when it comes to data collection and use via shared household devices, such as connected televisions. Thank you, Tim, for another insightful episode. It's time to all get with the program on #coppa, #onlineprivacy and how it all comes together with #ctvadvertising.

This Data Advisor blog post discusses a recent #CCPA action, highlighting that state and local law enforcers are increasingly attentive to businesses' #data #privacy and security practices, particularly if businesses handle children's and minors' data. Read now:

This Data Advisor blog post discusses a recent #CCPA action, highlighting that state and local law enforcers are increasingly attentive to businesses' #data #privacy and security practices, particularly if businesses handle children's and minors' data. Read now:

In a recent development, a report has emerged alleging that YouTube's advertising system could have allowed for the tracking of children, potentially infringing upon online privacy regulations. https://lnkd.in/dgkgiqzF #privacyviolations #tracking #development #advertisingsystem #youtubeads #onlinecontent

Check out our just-published Data Advisor blog post on a recent #CCPA action, highlighting that state and local law enforcers are increasingly attentive to businesses' #data #privacy and security practices, particularly if businesses handle children's and minors' data. Read now: https://lnkd.in/g4xAT9uS