Topic: COPPA

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California aims to keep children off social media – UPDATE

We had previously written about a bill the California legislature passed that would bar a social media company from opening an account for anyone it “actually knows” is under the age of 13, absent parental consent.  On September 29, 2020, Governor Newsom vetoed AB-1138. Unsurprisingly, the California legislature did not take action to override the veto. While AB-1138 may be dead, California consumer privacy laws remain in flux. On November 3, California voters will weigh in on Proposition 24 which would expand the state’s already robust consumer privacy laws. We will provide an update on Proposition 24 after the results … Continue Reading

California aims to keep children off social media

In September 2020, the California legislature sent a bill to the Governor’s desk which would bar a social media company from opening an account for anyone it “actually knows” is under the age of 13, absent parental consent. The bill, passed with bipartisan support within the legislature, aims to bring social media companies in line with existing federal and California law requiring parental consent before a minor’s personal information is obtained online or sold. (The California Consumer Privacy Act (CCPA) prohibits companies from selling a minor’s personal information without obtaining the authorization of the consumer’s parent or guardian if the … Continue Reading

Social Media Service, Minors, and Photos

On July 10, 2013, U.S. Representative John Duncan (R-Tenn.) and co-sponsor Ileana Ros-Lehtinen (R-FL) introduced H.R. 2645, the “Forbidding Advertisement Through Child Exploitation Act of 2013.”

The stated purpose of this short bill is to “prohibit providers of social media services from using self-images uploaded by minors for commercial purposes.”

Under the bill, a “social media service” is defined as “any online service that allows an individual to upload, store, and manage personal content in order to share the content with other individuals.”

Section 5 of the bill also defines the key term “self-image” as:  “with respect to … Continue Reading

Build-A-Bear website, social media and COPPA

Many brand owners use their websites to promote their goods and services, as well as to promote their brands. Brand owners also frequently use social media to promote their brands. Indeed, it’s common for a website to include links to social media platforms such as Twitter and Pinterest. But if your site is directed to children, linking your site to social media platforms could be problematic.

Any website directed to children is potentially subject to the Children’s Online Privacy Protection Act (COPPA), and the Federal Trade Commission’s (FTC) regulations. COPPA and its regulation impose restrictions on companies that operate … Continue Reading

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