U.S. Senate Majority Leader Chuck Schumer (D-NY) yesterday, July 23, initiated procedural steps that will likely lead to swift Senate passage of the Kids Online Safety Act (“KOSA”) and the Children and Teens’ Online Privacy Protection Act (“COPPA 2.0”).  Both bills have been under consideration in the Senate and the House of Representatives for some time, which we have previously covered.  Schumer’s action will likely bring the two bills in a single package to the Senate Floor as soon as Thursday, July 25. The future of the legislation in the House, however, is less certain.Continue Reading KOSA, COPPA 2.0 Likely to Pass U.S. Senate

On May 22 the Federal Trade Commission (“FTC”) announced a $6 million settlement with Edmodo, an ed tech provider, for violations of the COPPA Rule and Section 5 of the FTC Act.  The FTC described this settlement as the first FTC order that will prohibit an ed tech provider from requiring students to provide more personal data than necessary to participate in online activities.  The settlement is consistent with the FTC’s policy statement on ed tech issued last May (see our summary of the policy statement here).Continue Reading FTC Announces COPPA Settlement Against Ed Tech Provider Including Strict Data Minimization and Data Retention Requirements

The Ninth Circuit recently held that the Children’s Online Privacy Protection Act, which gives the Federal Trade Commission  authority to regulate the online collection of personal information from children under the age of 13, does not preempt consistent state law, potentially increasing the risk of class action litigation based on

Continue Reading Ninth Circuit Holds COPPA Does Not Preempt Consistent State Law Claims Premised on COPPA Violations

On May 19, the Federal Trade Commission (“FTC”) adopted, on a unanimous basis, a policy statement reminding educational technology vendors (“ed tech vendors”) of their duty to comply with the substantive privacy protections of the Children’s Online Privacy Protection Act (“COPPA”) and the Commission-issued COPPA Rule.  The policy statement reiterates the requirements of the Rule and previous informal guidance from Commission staff, and makes clear that ed tech vendors may not submit children to commercial surveillance and data monetization practices when using technology in the classroom.Continue Reading FTC Unanimously Adopts Policy Statement on Education Technology and COPPA

Judge Freeman of the U.S. District Court for the Northern District of California dismissed a class action against Google and several YouTube channel owners alleging various violations under California state law.  Plaintiffs alleged Defendants infringed their children’s privacy and consumer rights by collecting personal information and delivering targeted advertisements while they viewed child-directed YouTube videos.  However, the court found that Plaintiffs’ claims were expressly preempted by the federal Children’s Online Privacy Protection Act (“COPPA”), and dismissed the case with leave to amend.
Continue Reading California District Court Tosses Kids’ Data Collection Suit, Finds COPPA Preempts State Law

The FTC recently updated Complying with COPPA: Frequently Asked Questions, the set of FAQs meant to provide informal guidance for complying with the Children’s Online Privacy Protection Act and the Commission-issued COPPA Rule.  In an accompanying blog post, the FTC staff emphasized that the revisions to the FAQs “don’t raise new policy issues” and that they were implemented primarily to streamline and reorganize the content “to make the document easier to use.”  While the new FAQs generally only reinforce concepts from recent key settlements, enforcement policy positions, and separately-issued regulatory guidance, some of the updates also provide helpful additional context around specific issues such as mixed audience sites and services, age gates, and common consent mechanisms.
Continue Reading Federal Trade Commission Updates, Streamlines COPPA FAQs

Earlier this week, the Federal Trade Commission and Department of Education announced plans to hold a joint workshop on the application of the Children’s Online Privacy Protection Act (“COPPA”) and the Family Educational Rights and Privacy Act (“FERPA”) to educational technology products and services in the K-12 school environment.  In advance of the workshop, the FTC and Department of Education are soliciting comments on several key questions regarding COPPA and FERPA compliance for educational technology providers.  This is a valuable opportunity for Ed Tech providers to provide feedback to both agencies on the practical application of COPPA and FERPA in this arena.
Continue Reading FTC and Department of Education Announce Joint Workshop on FERPA and COPPA Compliance for Ed Tech

The FTC staff published today a “Six-Step Compliance Plan” for businesses to comply with the Children’s Online Privacy Protection Act (COPPA).

The guidance, which provides a useful framework for businesses, states explicitly that COPPA applies to connected toys and other devices that collect personal information from children over
Continue Reading FTC Staff Publish COPPA Guidance for Businesses

Under the Children’s Online Privacy Protection Act (COPPA), operators of certain websites, mobile applications, and other online services must provide parents notice and obtain verifiable parental consent before collecting, using, or disclosing personal information from children under the age of 13 online.  The FTC has approved a new facial-recognition based
Continue Reading FTC Approves New “Selfie” Verifiable Parental Consent Mechanism Under COPPA 

By Ani Gevorkian

The FTC has issued a request for public comment regarding Riyo’s application to recognize a new proposed verifiable parental consent method under the FTC’s Children’s Online Privacy Protection Act Rule.  The Rule, which implements the Children’s Online Privacy Protection Act (COPPA), requires certain website operators, mobile applications,
Continue Reading FTC Seeks Public Comment on New Proposal for Parental Verification Method Under COPPA Rule