Tag Archives: Children’s Privacy

Protecting Child Influencers

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It is not uncommon to hear that a child wants to be a content creator – making a living by sharing their hobbies, likes, and interests with a following on a social media platform like YouTube. A common business model for successful content creators is to work in paid partnership with a brand to market a product or service. How does that business model work when the influencer is a child?

In this episode of In the Sandbox, our host Rukiya Bonner, Director of the Children’s Advertising Review Unit (CARU), speaks with Pocket.Watch’s Julia Moonves and Angela Tiffin (a former CARU attorney) about the business of child influencers. Together, they break down the state laws protecting these young content creators – such as the Coogan law and the new Illinois child influencer law – as well as the role of a parent in the business and the special considerations that come into play when working with a young creator. 

Key Takeaways:

  • Clear and conspicuous disclosures are essential in influencer videos to protect children and comply with advertising guidelines.
  • When partnering with creators, it is important to consider their established audience, content quality, and aligned values.
  • Influencer laws, such as the Coogan law, help protect child creators by requiring a percentage of their earnings to go into a trust account.
  • AI-generated children may impact content creation, but human creators offer authenticity and a connection that AI lacks.
  • Pocket.Watch prioritizes the well-being of child creators and works to minimize their involvement in commercial aspects of the work.

Chapters:

  • [00:00] Introduction and Overview
  • [01:03] Concerns about Influencer Videos and Disclosures
  • [02:52] Pocket.Watch: A Modern Kids Media Company
  • [04:15] Angela Tiffin’s Role and Experience at K.R.U.
  • [06:07] The Rise of Child Creators and Finding Partners
  • [09:30] Protecting Child Creators and Vetting Families
  • [12:49] Influencer Laws: Coogan Law and Related Legislation
  • [15:37] Providing Disclaimers and Protecting Creators
  • [17:34] The Impact of AI-Generated Children on Content Creation
  • [19:01] Prioritizing the Well-being of Child Creators
  • [20:24] Conclusion and Call to Action

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Likely to be Accessed: Do You Know Who Your Users Are?

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Join us for this episode of Priv, where our host Dona Fraser, Senior Vice President of Privacy Initiatives at BBB National Programs, is joined by Phyllis Marcus of Hunton Andrews Kurth to discuss the broad operational, financial, and logistical impacts and challenges of trying to protect both children and teens online under the same laws and regulations. 

Marcus and Fraser explain the current regulatory landscape and unpack the evolution of children’s privacy laws, including COPPA. They discuss the increasing number of legislative proposals at both the state and federal level and explore challenges businesses face today related to verifiable parental consent, examine proposed technological solutions like biometrics, and discuss the responsibility of third-party operators. 

The conversation includes a look at age-appropriate design codes and the shifting responsibility from parents to the entire ecosystem, as well as, third-party liability and the role platforms play in protecting children’s privacy. The conversation concludes with a discussion on the potential future of children’s privacy laws.

Additional Resources:

Key Takeaways:

  • (02:41) Children’s Privacy Landscape – Children’s privacy laws, such as COPPA, have evolved over time to address the challenges posed by new technologies and online platforms.
  • (06:30) Shifting Responsibility – The responsibility for protecting children’s privacy is shifting from parents to the entire ecosystem, including platforms and service providers.
  • (13:17) Verifiable Parental Consent – Verifiable parental consent is a key consideration for companies that collect personal information from children, and there are various mechanisms available to obtain consent.
  • (20:30) Third-Party Liability – Third-party liability is an important aspect of children’s privacy laws, holding not just first-party operators but also third parties accountable for compliance.
  • (32:23) Holding Platforms Accountable – The role of platforms in protecting children’s privacy is still evolving, with discussions around consent management and the sharing of age information.
  • (39:39) A Look to the Future – The future of children’s privacy laws is uncertain, with potential updates to COPPA and ongoing debates about the role of federal and state legislation.

The COPPA Rule: Proposed Changes, the Impact, & the Magic 8-Ball

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In December 2023, the Federal Trade Commission (FTC) proposed changes to the Children’s Online Privacy Protection Act (COPPA) Rule, including some that would place more responsibility on providers and platforms to ensure digital privacy and safety for children. 

In this episode of Priv, our host Dona Fraser is joined by SIIA Vice President, Education & Children’s Policy, Sara Kloek, and Children’s Advertising Review Unit (CARU) Director, Rukiya Bonner, to discuss how we got here, what the proposed changes mean, the potential impacts of these changes for businesses and Safe Harbors, as well as some predictions on the road ahead.

The conversation delves into the proposed changes to the COPPA Rule and their ramifications on the industry. Explored within are the origins of COPPA, recent regulatory actions and reviews, the importance of data security and compliance, emerging methods for obtaining parental consent, the significance of COPPA Safe Harbors, transparency obligations, the delineation of a child, challenges related to content and access, the impact of avatars on personal data, COPPA’s application in educational settings, and key revisions in the COPPA Rule. 

Some Key Takeaways from today’s episode:

  1. (2:10) Companies and the COPPA Rule Changes: With proposed changes to the COPPA Rule looming, companies must prioritize a proactive approach towards data security and compliance. Reviewing these alterations is crucial as it directly impacts how businesses handle children’s data. By staying ahead of the curve, companies can implement necessary measures to safeguard user information and ensure adherence to regulatory standards, fostering trust among consumers and mitigating potential legal risks.
  2. (11:57) COPPA Safe Harbors and Privacy Commitment: COPPA Safe Harbors serve as invaluable tools for companies aiming to showcase their dedication to safeguarding children’s privacy. By adhering to these guidelines, businesses not only enhance their reputation but also contribute to a safer online environment for young users. Embracing COPPA Safe Harbors demonstrates a commitment to ethical data practices, ultimately fostering long-term trust and loyalty among consumers.
  3. (20:56) Complexity of Child Definition and Age Thresholds: Discussions surrounding the definition of a child and age thresholds are multifaceted and necessitate careful consideration. The evolving digital landscape and varying developmental stages of children further complicate this matter. As such, ongoing dialogues are essential to ensure that regulatory frameworks accurately reflect the needs and vulnerabilities of young users, striking a delicate balance between protection and accessibility.
  4. (28:49) Enhancing User Experience and COPPA Compliance: Transparent notice and consent processes, coupled with innovative approaches to privacy policies, play a pivotal role in enhancing both user experience and compliance with COPPA regulations. By prioritizing clear communication and user-friendly interfaces, companies can empower users to make informed decisions regarding their data while simultaneously meeting regulatory requirements. Creative strategies in this realm not only promote compliance but also foster positive user engagement and brand loyalty.
  5. (41:40) Adapting to Uncertain Timelines and COPPA Rule Changes: While the timeline for the final COPPA Rule remains uncertain, companies must remain vigilant and adaptable in the face of potential changes. Staying informed about developments in regulatory landscapes is paramount, allowing businesses to swiftly adjust their practices and policies as needed. By prioritizing flexibility and preparedness, companies can navigate regulatory shifts with confidence, ensuring continued compliance and consumer trust.

 

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