Cybersecurity Policy Report, Cassidy, Markey File COPPA 2.0 as Potential Amendment to FAA Bill, (May 3, 2024)
By Lynn Stanton and Tom Leithauser
Sens. Bill Cassidy (R., La.) and Ed Markey (D., Mass.) have submitted their Children and Teens’ Online Privacy Protection Act (COPPA 2.0) as a proposed secondary amendment to the proposed substitute amendment version of the Securing Growth and Robust Leadership in American Aviation Act (HR 3935), which the Senate is expected to consider next week.
In a post on the social media platform X yesterday, Sen. Markey said that “we have waited far too long to protect children and teens’ privacy. We need to stop Big Tech’s tracking and targeting of young people online. I’m calling on my colleagues to pass COPPA 2.0.”
COPPA 2.0, which Sens. Cassidy and Markey first introduced in 2021 and then reintroduced in this congress (CPR, May 4, 2023), would extend existing affirmative consent requirements for children 12 and under to minors aged 13 to 16; ban targeted ads to children and teens; require an online “Eraser Button” to enable users to delete personal information collected from a child or a teen; and establish a “Digital Marketing Bill of Rights for Minors” that limits the collection of personal information from teens. It also would revise the existing Children’s Online Privacy Protection Act’s (COPPA’s) “actual knowledge” standard to a “constructive knowledge” standard.
In addition, COPPA 2.0 would direct the Federal Trade Commission to study and report on the processes used by mobile and online applications to ensure that applications, services, and websites directed to children are in compliance with the Children’s Online Privacy Protection Act, as amended by COPPA 2.0, and the FCC’s COPPA rules. The FTC also would be required to report to Congress on its enforcement efforts under COPPA and make policy or legislative recommendations to strengthen online protections for children and teens.
COPPA 2.0 would require the Government Accountability Office to study and report on teens’ use of financial technology products, potential risks to their privacy from such use, and the sufficiency of existing laws to address those privacy risks.
On Tuesday, the Senate will begin consideration of its version, which was released this week by leaders of the Senate Commerce, Science, and Transportation Committee following talks with leaders of the House Transportation and Infrastructure Committee.
The Senate substitute for HR 3935 to be offered by Commerce Committee Chair Maria Cantwell (D., Wash.) and ranking member Ted Cruz (R., Texas) would rename the underlying bill the FAA Reauthorization Act of 2024.
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