Protecting Children's Privacy: The Battle Against TikTok's COPPA Violations

A bipartisan group of lawmakers is urging Attorney General Merrick Garland to take legal action against TikTok for allegedly violating the Children's Online Privacy Protection Act (COPPA), a law designed to safeguard children's personal information on the internet. The Federal Trade Commission (FTC) has referred a case to the Department of Justice, alleging that TikTok and its parent company ByteDance are breaching the terms of a previous COPPA settlement.

Safeguarding the Digital Frontier: The Urgent Need to Enforce COPPA

Revisiting the Musical.ly Saga: A Cautionary Tale

The FTC's current case against TikTok stems from a previous COPPA lawsuit against Musical.ly, a ByteDance-owned app that later merged into TikTok. The FTC alleged that Musical.ly had collected and used personal information from users younger than 13 without parental consent or notification. In 2019, the company, by then known as TikTok, paid a .7 million settlement, the largest civil penalty ever obtained by the FTC in a children's privacy case. However, the settlement amounted to less than 1% of what ByteDance had paid to acquire Musical.ly two years earlier, raising questions about the deterrent effect of such penalties.

Escalating Enforcement: The FTC's Referral to the DOJ

Last month, the FTC levied new allegations that TikTok is violating the terms of the 2019 settlement, which could result in even heftier fines. The FTC's decision to publicly announce the referral of the case to the Department of Justice is highly unusual, suggesting the agency views the alleged misconduct as particularly egregious. This move signals a more aggressive approach to enforcing COPPA, as the FTC seeks to hold tech giants accountable for their treatment of children's personal data.

The Evolving Landscape of COPPA Enforcement

Since COPPA's inception in 1998, the FTC has modified the law's rules only once, in 2013, to address the growing use of social media and mobile devices. However, the agency has recently been pursuing updates to the COPPA rule, aiming to strengthen security requirements for sensitive personal information, limit data retention, and prevent targeted advertising to children. These efforts reflect the changing digital landscape and the need to adapt regulations to protect children's privacy effectively.

Congressional Momentum: The Push for "COPPA 2.0"

Alongside the FTC's actions, there is growing bipartisan support in Congress for the Children and Teens' Online Privacy Protection Act, or "COPPA 2.0." This proposed legislation would expand the law's coverage to include those up to age 16, close loopholes that allow platforms to ignore the presence of underage users, and ban targeted advertising to children and teens. The push for COPPA 2.0 underscores the widespread recognition of the need to strengthen legal safeguards for children's digital privacy.

The Broader Implications: Protecting Children in the Digital Age

The FTC's case against TikTok and the congressional support it has garnered highlight the growing consensus on the importance of shielding children's privacy from the encroachment of tech giants. As the digital landscape continues to evolve, COPPA has become a critical tool in addressing the challenges posed by the collection and use of children's personal data. With enforcement of the statute becoming more vigorous, and public scrutiny on TikTok intensifying, it is unlikely that ByteDance will escape with another lenient settlement.