US Senate approves bill to widen the safety and privacy of children and teenagers

US Senate approves bill to widen the safety and privacy of children and teenagers

Two Bills proposed with an aim to expand the safety and privacy accorded to children and teenagers on commercial electronic platforms have been approved by the US Senate Committee on Commerce, Science and Transportation on Wednesday. The move is seen as a response to concerns over algorithms used by social media platforms such as TikTok, Snapchat and YouTube.

The Kids Online Safety Act (S.3663) was introduced on 16 February, which defines a 'minor' ranging from the age of 16 years or younger. This thereby imposes a duty on platforms (applications and services) to act in the best interest of a minor user. More specifically, this will impose a duty on such platforms to prevent risks and harm to minors associated with consuming content that promotes self-harm, suicide, eating disorders, substance abuse, addictions and predatory marketing practices.

The bill also mandates parental controls and a "readily accessible and easy-to-use" harm reporting mechanism. Platforms with over 10 million active users must issue public reports at least every year on the foreseeable risks to minors. Additionally, platforms will be required to safeguard the minors and their personal data, including making it harder for strangers to contact a minor or provide the option to opt-out of algorithms to the minor that will use their personal data. The bill lays out several other conditions including limiting the time spent on such platforms by reducing features such as notifications and auto-play. Settings must default to the strongest safeguards when it is known to the platform that a particular user is a minor.

On the other hand, the second bill, the Children and Teens' Online Privacy Protection Act (S. 1638), was introduced by Senators Ed Markey and Bill Cassidy. The bill amends the existing Children's Online Privacy Protection Act (COPPA, 15 U.S. Code §§6502-6506) with an aim to expand the protection accorded to those under 13 years old and to all minor between the ages of 12 to 16 years. For instance, a year after the bill's promulgation, it will be unlawful for platforms to use or sell minors' personal information for targeted marketing.

Violation of these rules, once enacted, will be considered an "unfair or deceptive act or practice" within the meaning of the Federal Trade Commission (FTC) Act (15 U.S.C. 57a(a)(1)(B)), enabling the FTC to institute actions against errant platforms.

The bills, adopted by voice vote, must pass in the full Senate before they can go to the House of Representatives.