Executive Summary 

• Among a slew of related legislative bills discussing children’s online protection bills, the Senate continues to discuss the Children and Teens’ Online Privacy Protection Act (COPPA 2.0), which would broaden the scope of regulated websites and expand the existing law’s applicability to all minors under age 17. 
• Websites’ potential liability would dramatically increase and their usability would dramatically decrease with an onslaught of new regulation intended to revamp the protection of children in an exponentially evolving online world. 
• The harm COPPA 2.0 presents in halts to innovation, user privacy and overall accessibility showcase the harms in an overly broad regime of children’s online safety compliance and legislators should instead further empower parents and guardians in making decisions for their children and consider alternative targeted measures to update existing law, keeping intact the innovative and core functions that the online world provides to American youth.  

Introduction 

The rapidly evolving digital landscape has prompted lawmakers to revisit COPPA, leading to the proposal of COPPA 2.0. This new legislation aims to strengthen the safeguards around the collection, use, and disclosure of children’s personal information online, reflecting the increased concerns over privacy in an age dominated by social media, online learning, and a plethora of digital services targeting younger audiences. With its roots in the original COPPA legislation, enacted in 1998 and designed to give parents control over what information websites and online services can collect from children under 13, the heightened requirements that come with its second iteration do more harm than good both to users of online platforms and the companies that run them. Among the new requirements includes a prohibition from internet companies collecting any information for users under 16 without their consent, bans targeted advertisements to non-adults, and above all shifting responsibility for child safety online from parents to providers and the FTC. To combat the harm that legislators state the internet world has imposed on teens, COPPA 2.0 tasks the harm-doers with solving and monitoring the issue. If enacted, COPPA 2.0 and the following on legislation that is likely to come after it would slow innovation that empowers the next generation of American leaders, divert the direction of a child’s choice from parents to online providers and regulatory bodies, bucket solutions into broad stroke policies rather than individual tailoring, and fail to keep pace with the changes in technology today. 

The Innovation Chill 

Imagine a world where educational apps hesitate to implement personalized learning features due to COPPA 2.0’s stringent data collection regulations. These features, tailored to individual learning styles and progress, could revolutionize education by offering adaptive learning programs that cater to a child’s strengths and weaknesses. COPPA 2.0 posits the potential for a regulatory labyrinth, and it is not improbable that companies would shy away from developing such advancements in the face of liability. The burden of navigating complex regulations could disproportionately impact smaller, innovative companies that are the lifeblood of the technology industry. This stifles competition and reduces consumer choice for the very parents COPPA 2.0 seeks to empower. Furthermore, overly broad restrictions could stifle the development of entirely new categories of online experiences for children. COPPA 2.0, in its current form, could unintentionally act as a handbrake on the immense potential of technology to enhance children’s learning and development. Non-adults should surely be afforded some greater protection online than adults but shielding them from the technological reality that they must survive in puts them at a disadvantage personally and America at one nationally. 

Beyond Parental Control 

While protecting children is vital, COPPA 2.0 might inadvertently limit parental control. Consider a responsible parent who trusts a particular platform. This platform might offer a feature deemed “off-limits” by the legislation – perhaps a virtual world with educational content, age-appropriate social interaction, and creative building tools. However, COPPA 2.0, in its current form, could restrict access to this feature. Parental choice should be central to online safety. Regulations should empower responsible parents to make informed decisions about the online experiences they allow for their children, not restrict their options. Further mandating online companies with additional onerous schemes that constrict use of non-adults does not follow the logic of new technology that is abundant in the lives of American children. Televisions, gaming consoles, and cellphones are all things that come with risks when used by non-adults. But a parent who feels comfortable with their child using a social media platform with a robust parental control dashboard or venturing on to a website that may not be governmentally deemed “age-appropriate” should be a parent’s choice, not the governments. COPPA 2.0 would universally hamstring companies in their offerings and barriers to use for non-adults, leaving less choice for parents to choose what is best for their children and less room for online providers to develop new tools to strengthen the next generation of Americans. 

The One-Size-Fits-All Fallacy 

Heavy-handed regulations could create an uneven playing field, favoring established companies with vast compliance resources. Smaller, nimble startups that drive innovation might struggle under the weight of COPPA 2.0. This stifles competition and limits consumer choice. Furthermore, a one-size-fits-all approach might not be the most effective solution.   A more nuanced approach is needed, one that allows for age-appropriate experiences tailored to a child’s interests and developmental stage, without stifling innovation. Rather than mandating hard and fast lines for platforms to abide by for children under a certain age, systems should be allowed to adapt and change to their own accord that best fit with the capabilities of a given individual youth in relation to what the platform offers. Much like how different subjects in different tiers of difficulties are offered at elementary and high schools, websites should have the option to change their layout to whatever fits their service best for the intended customer base.  This would allow children to explore their interests in a safe and engaging environment while ensuring a level of protection commensurate with their age. 

The Algorithmic Advantage 

Technological advancements can play a crucial role in protecting children online. Artificial intelligence (AI) and machine learning algorithms can be utilized to detect and flag cyberbullying, inappropriate content, and potential grooming attempts. AI backed systems have the potential to identify patterns in language indicative of cyberbullying and intervene before a situation escalates, or alternatively alert the platform or parent of the activity and allow for human intervention when necessary. However, for these tools to be effective, access to anonymized data is crucial. COPPA 2.0, if overly restrictive, could hinder the development and implementation of such safeguards. Finding the right balance between data privacy and leveraging technology for child safety is essential. 

Fostering Transparency and Empowering Parents: The Cornerstones of Online Safety 

A multi-pronged approach that fosters online safety while preserving the dynamism of the free market better suits the fast-evolving online world for both adults and children. 

1. Transparency and Education 

Platforms should be transparent about data collection practices, providing clear and concise information about what data is collected, how it’s used, and with whom it’s shared. This transparency allows parents to make informed choices about the platforms their children use. Additionally, readily available, high-quality educational resources on online safety are crucial. It is more in line with the rest of technological regulation for parents to self-impose limitations for children when and if they decide to do so, rather than blanket restrictions across the board. COPPA 2.0’s propositions to necessitate parental approval for each instance of a child’s interaction with certain websites and providers is unrealistic and hinders the abilities for children to be literate in a world that is almost entirely lived online. 

2. Age Verification 2.0 

Current verification systems often rely on self-reported information, which can be easily manipulated. Developing robust age verification systems, potentially leveraging technological advancements like facial recognition (with appropriate privacy safeguards), would allow platforms to tailor their offerings based on user age. This allows for a more nuanced approach than a blanket ban, offering age-appropriate experiences without stifling innovation.  

3. Industry-Led Solutions 

Encouraging industry-led standards for data collection and parental controls could foster innovation while ensuring a baseline level of protection for children across all platforms. The power of technology rests in American ingenuity, and it is proper for capitalistic options to be deployed that offer parents the choice to choose, rather than folks in Washington with little expertise on the effects of the technology dictating parameters. Industry collaboration could lead to the development of innovative, yet secure, solutions that meet the needs of both children and businesses. This collaboration would not only streamline compliance but also empower parents to manage their child’s online activity across different platforms. 

4. Fines for Violators 

Strengthening existing COPPA regulations and imposing hefty fines for violations would incentivize responsible data practices amongst companies. This could ensure that companies prioritize user privacy and data security, not just as a matter of compliance, but also as a matter of trust with their customers. 

Conclusion 

Protecting children online is a complex issue and striking a proper balance requires a thoughtful approach that considers the needs of children, businesses, and parents alike. While COPPA’s original introduction was necessary and worthwhile and updating to it is appropriate, instituting a new regime of enforcement and restriction begins to dismantle the very nature of what makes the internet such an innovative and informative platform for children. By fostering transparency, empowering parents, encouraging innovative solutions, and utilizing the existing tools that have grown America into the bedrock of technological innovation, there can be a safer online environment for our children without stifling the incredible potential of the internet. A culture where parents are equipped with the knowledge to guide their children, businesses prioritize ethical data practices, and technology itself can become a tool for protection.