Leaning into CHAOS (Child's Health and Online Safety Act): Revision to FTC's Enforcement of COPPA & New Model Rule for Child Advertising
Prof. Scott Bloomberg
This article focuses on the need for a new model act introduced by the author (the Child’s Health and Online Safety Act) to amend the Child’s Online Privacy Protection Rule. First, to understand the landscape of existing child privacy protections, this article discusses the historical background of the Federal Trade Commission’s (FTC’s) authority to regulate child advertising. Furthermore, this article illustrates how the current law, the Children’s Online Privacy Protection Rule (COPPA), regulates entities who direct their websites or online services and advertising to children. Next, this article introduces case law that illustrates the weaknesses of COPPA. Finally, the focus turns to adopt CHAOS (Child’s Health and Online Safety Act), which would amend COPPA and strengthen the foundation to protect our vulnerable population. This new act would seek to replace the various shortcomings that COPPA has not yet addressed and would require new broader obligations such as banning targeted advertising to children, stopping the collection of personal information from children in certain regards, and adopting a new scope, expanded definitions, education opportunities, and more that would provide a more appropriate level of protection for children. Congress must, therefore, be called upon to adopt CHAOS and answer the call by lawmakers, parents, the President, and others to enhance the privacy protections for the US’s most vulnerable population and create a new generation of tech-savvy and safeguarded youths.
Schwartz, Gabrielle N., "Leaning into CHAOS (Child's Health and Online Safety Act): Revision to FTC's Enforcement of COPPA & New Model Rule for Child Advertising" (2022). Privacy Certificate Student Publications. 3.