Wicker, Markey to Discuss Potential COPPA Changes
Senate Commerce Committee ranking member Roger Wicker, R-Miss., told us he and Sen. Ed Markey, D-Mass., will meet soon to discuss potential updates to the Children's Online Privacy Protection Act. “We’re scheduled to put our heads together soon about that issue,” Wicker said last week. “I will reserve comment until after that. It may have to be after the break.”
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Asked if legislation is in the works, Wicker said, “We’ll talk about the issue. We’re going to get together and discuss it. That’s about all I know.” Markey’s office didn’t comment. Markey introduced legislation in May with Sen. Bill Cassidy, R-La., that would update COPPA, prohibiting online platforms from collecting personal data from anyone ages 13-15 without user consent (see 2105110052).
Chair Maria Cantwell, D-Wash., urged updates to COPPA and the FTC's Children's Online Privacy Protection Rule, at a hearing in October (see 2109300074). An FTC spokesperson said Tuesday the agency has “nothing new to report” about its COPPA review. The agency’s last major update on the review was in 2019. Cantwell’s office didn’t comment about talks between Markey and Wicker. At a hearing in October, TikTok Public Policy Head Michael Beckerman backed standardized age verification for COPPA updates (see 2110260070).
The FTC could act to improve COPPA, but the “biggest things -- protecting teens, changing the actual knowledge standard, banning harmful uses of data like surveillance advertising -- require action from Congress,” emailed Josh Golin, executive director at Fairplay, formerly the Campaign for a Commercial-Free Childhood. “The next few months will be really interesting on that front.”
Improving COPPA is “now up to Congress, as the FTC continues its review,” said Center for Digital Democracy Executive Director Jeff Chester. “But advocates have told the commission and Hill leaders the 1998 law needs a revision, to help stop what Facebook and others now do to both kids and teens.”
Sens. Richard Blumenthal, D-Conn., and Lindsey Graham, R-S.C., expect to reintroduce the Earn It Act “before the end of the year,” they told us before the current break. The bill is intended to protect children and teens by removing tech industry’s blanket immunity under Section 230 of the Communications Decency Act from federal civil, state criminal and state civil child sexual abuse material laws. Graham said he spoke with Blumenthal Thursday about the legislation: “Hopefully when we get back, we can get the thing moving. I’m confident it will pass if we get it out.” There may be some minor changes to the bill, said Blumenthal: “I would expect it’s going to be substantially similar” to the version introduced in 2020.
“I don’t know a lot of the details” about current legislative discussions on COPPA, said Sen. Jerry Moran, R-Kan. “But I think it’s time to take another look.” House Commerce Committee members from both parties called in March for a COPPA update. Rep. Kathy Castor, D-Fla., has taken the lead for Democrats. Her office didn’t comment.
It’s unclear whether any of the House Judiciary Committee’s bipartisan antitrust bills will get floor time before the end of the year, Chairman Jerry Nadler, D-N.Y., told us. He hopes for floor time in 2021, but “I can’t say. The leadership has to schedule, and floor time is precious. Everything’s competing.”