Children's Online Privacy

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State privacy enforcement is entering a new phase, and Connecticut is quickly becoming a jurisdiction to watch.  In its third annual Connecticut Data Privacy Act (CTDPA) enforcement report, the Office of Attorney General William Tong disclosed for the first time that it has opened multiple active investigations into how messaging platforms, gaming services, and AI…

There have been numerous developments in the online safety and data privacy space for minors in particular over the last few months. Here we cover some notable decisions in the federal courts and cases with nationwide implications in addition to final and pending legislative and regulatory action by the Federal government.

Notable Court Decisions

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On March 7, 2024, a bipartisan coalition of 43 state attorneys general sent to the Federal Trade Commission (“FTC”) a letter urging the FTC to update the regulations (“COPPA Rules”) implementing the Children’s Online Privacy Protection Act (“COPPA”).

Through regulations known as the “COPPA Rule,” state attorneys general are authorized to bring actions as parens…

One of the most significant trends in privacy law this year has been the surge in online child protection laws in U.S. states.  In a recent article for the Cybersecurity Law Report , Ballard Spahr privacy attorneys Phil Yannella, Greg Szewczyk, Tim Dickens and Emily Klode explore the legal and practical complexities associated with these…

Utah Governor Spencer Cox is expected to signed SB 152, which was passed by both the House and Senate as of March 13, 2023.  With this bill, Utah would join California in passing legislation designed to protect children from online harms.  However, unlike the California Age-Appropriate Design Code, the Utah law will provide…