U.S. Senators Bill Cassidy, M.D. (R-LA) and Ed Markey (D-MA) and U.S. Representatives Tim Walberg (R-MI-05) and Kathy Castor (D-FL-15) have issued a statement applauding the U.S. Department of Justice (DOJ) for its complaint against TikTok for potential violations of the Children’s Online Privacy Protection Act (COPPA) and the Federal Trade Commission’s (FTC) 2019 settlement with TikTok for previous COPPA violations.
This action follows a July letter from the lawmakers to Attorney General Merrick Garland, urging the DOJ to promptly address the FTC’s referral of a complaint against TikTok.
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“We commend the Justice Department for moving quickly to hold TikTok accountable for its disregard of children on its platform,” said the lawmakers. “The allegations in the complaint are outrageous. With TikTok already under an FTC consent decree due to COPPA violations, it is deeply concerning that the company is still violating children’s privacy. That is unacceptable. This lawsuit demonstrates that COPPA remains critical for protecting children’s online privacy and further makes clear the need for Congress to extend these protections to teenagers and modernize COPPA by passing our COPPA 2.0 legislation.”
In July, the U.S. Senate passed COPPA 2.0 as part of the Kids Online Safety and Privacy Act by a vote of 91-3. COPPA 2.0 aims to update online data privacy rules for the 21st century, ensuring protections for both children and teenagers.
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The original COPPA, passed in 1998, established basic privacy protections for users under age 13, including notice and parental consent requirements. However, the law is now considered overdue for an update due to significant changes in the online landscape.
Key Provisions of COPPA 2.0
- Prohibit collection of personal information from users aged 13 to 16 without their consent.
- Ban targeted advertising to children and teens.
- Revise COPPA’s “actual knowledge” standard to close loopholes allowing platforms to ignore the presence of children and teens.
- Create an “Eraser Button” to allow users to eliminate personal information from a child or teen when technologically feasible.
- Establish data minimization rules to prohibit excessive collection of children’s and teens’ data.
COPPA 2.0 is backed by over 100 organizations, including the American Academy of Pediatrics, American Federation of Teachers, American Psychological Association, Center for Digital Democracy, Common Sense Media, and the National Parent Teacher Association.
In April, Representatives Walberg and Castor introduced the House companion to COPPA 2.0. In February, Senators Maria Cantwell (D-WA) and Ted Cruz (R-TX), the Chair and Ranking Member of the Senate Commerce, Science and Transportation Committee, agreed to co-sponsor COPPA 2.0. The Senate Commerce, Science, and Transportation Committee unanimously passed COPPA 2.0 last summer.
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The lawmakers emphasize that this legislation is crucial for protecting children and teenagers online, reflecting the urgent need for modernized and strengthened privacy laws.
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