regulation of children’s data

Leaning into CHAOS (Child’s Health and Online Safety Act): Revision to FTC’s Enforcement of COPPA & New Model Rule for Child Advertising

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By Gabrielle Schwartz, Class of 2023

I. Introduction

A wise author once wrote, “I know, up top you are seeing great sights, but down here at the bottom we, too, should have rights.”[1] Dr. Suess not only understood the importance of inspiring children but believed it was essential to teach children valuable life lessons. As more children continue to stray away from reading as their source of entertainment, children are more likely to become fascinated by the beauty of the internet. Although the internet’s capabilities may positively impact children, there are also adverse effects through the use of the internet’s products, services, and content. Many companies, individuals (such as parents), and lawmakers are calling for action to be taken to prevent and protect against arguably toxic online content.

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Ongoing Threat to Children’s Data in the American Education System

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Written by Julie Libby, Class of 2022 

Introduction

Privacy regulations have been strengthening worldwide in recent years, but regulations continue to fall short regarding children’s data in K-12 education, specifically in the United States. Under current federal law, children’s privacy receives only face-level protections by not requiring protective measures to defend the mass collection of this class of vulnerable and valuable data. Future student privacy regulations are possible by creating a reliable structure to minimize threats experienced by students nationwide through evaluating leading federal and state laws, perceived inadequacies in recommended minimums, and developing trends at the state level. In the end, Congress bears the responsibility to enact mandatory minimum protections that effectively assume that even if a breach occurs, it was not due to the lack of sufficient protection.

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