Concord, NH – Attorney General John M. Formella announces that he and a bipartisan coalition of 43 state attorneys general have sent a letter to the Federal Trade Commission (FTC) urging the federal government to update and strengthen the rules technology companies must follow under the federal Children’s Online Privacy Protection Act (COPPA).

“The internet poses serious dangers to the privacy and safety of children, and those dangers have only grown as people continue to live more and more of their lives online,” said AG Formella. “COPPA is an important bulwark against those dangers, and the FTC should update its rules to reflect the ways that the online experience has changed and to protect against the predatory ways that technology companies can profit from children online.”

Updates are necessary because the rules governing online privacy protections for children up to age 13 have not been updated in over a decade. At the same time, the digital world has evolved rapidly — with smartphones, social networks, and connected devices becoming an even greater part of our lives.

Congress enacted COPPA in 1998 to give parents more control over information collected online from their children. The legislation directed the 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. Those changes are needed because of the increasing prevalence of wearable devices like smartwatches and fitness trackers, as well as virtual reality headsets and environments.

AG Formella and the bipartisan coalition of attorneys general also ask the FTC to prohibit operators from abusing the multiple-contact exception in COPPA with engagement-maximizing push notifications, and to make clear that exceptions to COPPA’s rules that allow operators to use data for contextual advertising and user-driven personalization are narrow, and do not permit operators to use children’s data to fuel targeted advertising or algorithm-driven content personalization systems. (To read all the recommended updates, read the letter in full - attached.)

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.

For the full letter, click here.