New privacy protection legislation for older children lost momentum in the US Congress

Protecting the privacy of future generations is crucial in today’s digital landscape. Online services for consumers and especially children have changed greatly since the late 1990s. The 1998 Children’s Online Privacy Protection Act (COPPA) was born in a time when Internet access was slow and many of todays leading social media services such as Facebook, twitter (X), Tik Tok, etc. did not even exist. The need for better online child protection law is long overdue as data breaches and the misuse of personal information become more prevalent.

Since 2015, efforts have been ongoing in Congress to update COPPA. None of these bills have progressed past the various congressional committees and subcommittees. The Kids PRIVACY Act, by US Representative Kathy Castor (FL), and the The Children and Teens’ Online Privacy Protection Act, by Senator Edward J. Markey (MA), are two of the bills introduced in 2023. These initiatives demonstrate a strong commitment to addressing the unique challenges of protecting children’s online privacy in the 2020s. Some the key provisions of the Children and Teens’ Online Privacy Protection Act are

• Extending COPPA’s protections to any minor under age 17 previously applicable only to children (ages 0-12).
• Banning targeted advertising to children and teens.
• Requiring online services to stop collecting data from kids under the age of 17.
• Creating a Digital Marketing Bill of Rights for Teens that limits personal information gathering for marketing purposes.

While the The Children and Teens’ Online Privacy Protection Act reached the Committee on Commerce, Science, and Transportation, the Kids Privacy Act has advanced to the Subcommittee on Innovation, Data, and Commerce. No further action has been recorded in either bill. Given the history of the similar bills that have been introduced in the previous congress sessions, there is a great possibility neither will progress any further.

We need a privacy law that protects minors and is in tune with the modern digital landscape. Our senators and representatives must overcome congressional inertia. They must discuss and vote on these bills so they can move forward and become laws.