California has been active in the kids space. First, the Ninth Circuit’s recently ruled on the California’s Age-Appropriate Design Code Act. Second, the governor has just signed a new law aimed at social media sites.Continue Reading California: Age-Appropriate Design Code Act Partially Blocked, New Social Media Law Signed
The New York Attorney General’s office and the UK Information Commissioner’s Office were busy last month when it came to children’s privacy. Both sought input from the public about regulating children’s online privacy, including on social media.Continue Reading Regulators On Both Sides of the Pond Seek Input on Children’s Privacy
The Children’s Advertising Review Unit recently settled with KidGeni – a generative art platform intended for children- for allegedly violating both CARU’s guidelines and COPPA. According to CARU, which is a self-regulatory organization that audits the privacy practices of companies in the child space, KidGeni collected personal information without first getting parental consent. CARU began its investigation in the company’s functionality in August 2023. As part of its investigation, it reached out to the company to clarify how the site obtained prior parental consent for its children’s platform as required under both COPPA and CARU’s guidelines.Continue Reading CARU Settles With KidGeni AI Platform Over Alleged Privacy Violations
New York’s governor recently signed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act. Although signed, the law will not be effective until after the New York Attorney General creates implementing regulations. The law is aimed at protecting children under 18 from social media companies’ “addictive feeds.” Addictive feeds are defined to include platforms and services that recommend content based on information from the user’s activity or device. Among other things, the law will:Continue Reading New York Law Seeks to Regulate Addictive Social Media Feeds
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a state level and a federal level. “Comprehensive” privacy laws are thus only one piece of the puzzle. There are federal and state privacy and security laws that apply based on a company’s (1) industry (financial services, health care, telecommunications, gaming, etc.), (2) activity (making calls, sending emails, collecting information at point of purchase, etc.), and (3) the type of individual from whom information is being collected (children, students, employees, etc.). There have been developments this year in each of these areas.Continue Reading Mid-Year Recap: Think Beyond US State Laws!
Florida recently passed a new law and Utah recently repealed and replaced its previously enjoined law with two new bills (available here and here), which regulate minors’ access to social media platforms. The laws highlight states’ continued efforts to protect minors in the social media realm.Continue Reading Mother May I? Florida and Utah Recently Passed Regulations for Minor Use of Social Media Platforms
The Children’s Advertising Review Unit (CARU) released new guidelines for interacting with children in the metaverse: Building Guardrails for Child-Directed Advertising & Privacy in the Metaverse. The guardrails are intended to be “realistic and actionable” ways for companies to comply with privacy laws and engage responsibly with children online.Continue Reading CARU Releases Metaverse Guidelines
A California judge recently entered a temporary injunction delaying the California Age-Appropriate Design Code Act. The trade association, NetChoice, requested the injunction.Continue Reading California Judge Enjoins California Age-Appropriate Design Code Act
Texas has joined Arkansas and Utah as the third state to impose requirements on social media accounts for those under 18. Namely, with the Securing Children Online through Parental Empowerment Act (“SCOPE Act”), Texas will place requirements on “digital service providers.” The law goes into effect September 1, 2024. It does not provide for a private right of action. Instead, enforcement will be by the Texas attorney general.Continue Reading Texas’ SCOPE Act Puts Focus on Social Media and Minors
Texas has now become the 11th state, following Florida, to have a “comprehensive” privacy law. HB 4 was signed by the governor on June 18, 2023. This caps off a busy spring for state lawmakers not only in Texas, but Florida, Iowa, Indiana, Tennessee, and Montana. The law goes into effect on July 1, 2024 (the ability for agents to submit rights requests is not effective until January 1, 2025 however). For a round-up of state laws’ effective dates, visit here.Continue Reading The Lone Star State Joins the Privacy Law Deluge: Another Governor Signs
Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy law, similar to parts of California’s Age Appropriate Design Act, going into effect July 1, 2024.Continue Reading Another Governor Signs: Florida Privacy Law Will be Effective July 2024