As expected, Congress’ renewed focus on expanding protections for minors online has resulted in legislative developments that attempt to mitigate harms while adhering to the Constitution’s free speech and preemption parameters. Last month, updates to both the Kids Online
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Children’s Online Privacy: History, Debates, and Current Legislative Developments
During 2023, legislative, congressional, and executive actions aimed at protecting children and teens online took center stage. Such actions included: legislative attempts to raise the age of a “child” at both the federal and state levels for advertising and privacy…
EDPB ePrivacy Guidelines: Comments Highlighting Risks to Businesses with Digital Activities
Keller and Heckman has submitted comments to the European Data Protection Board (EDPB) in the context of a public consultation on their draft guidelines 2/2023 on the Technical Scope of Art. 5(3) of ePrivacy Directive, on behalf of various…
CPSC Proposes Significant Changes to Rule Governing Certificates of Compliance
The Consumer Product Safety Commission (CPSC or Agency) recently published a Supplemental Notice of Proposed Rulemaking (SNPR) (88 Fed. Reg. 85760 (December 8, 2023)) to revise the existing rule on Certificates of Compliance (CoC or certificates), 16 CFR § 1110 (Rule…
FTC Approves NPR Updating the COPPA Rule
On December 20, 2023, the Federal Trade Commission (FTC or Commission) finally published its long-awaited proposed Notice of Proposed Rulemaking (NPR) updating the Children’s Online Privacy Protection Act Rule (COPPA Rule). Find out more here.
AI Regulation: The Next Frontier
As the federal government continues to wrestle with the complex issue of regulating Artificial Intelligence (AI) in the wake of the release of President Biden’s Executive Order, states have already proposed or enacted AI regulation, and even more will…
Health Canada Steps Up CCCR Labeling Recalls
Manufacturers and distributors of household cleaners and similar chemically-based consumer products sold in Canada should be aware of an uptick in recalls by Health Canada for violations of the labeling requirements of the Consumer Chemicals and Containers Regulations, 2001 (CCCR)…
Why every company with digital activities should comment on the EDPB’s new ePrivacy guidelines
So much for tackling consent fatigue. The short version: If unchanged, the new EDPB guidelines on what is known as the “cookie” rule would extend that rule to cover nearly every communication over the Internet and any use of software…
FTC Warns Two Trade Associations and 12 Online Influencers to Better Disclose Financial Connections
On November 13, 2023, the Federal Trade Commission (FTC or Commission) sent warning letters to the American Beverage Association (AmeriBev), The Canadian Sugar Institute, and a dozen dietitians and influencers promoting the safety of artificial sweetener aspartame or the…
Youth Online Safety in the Crosshairs with NTIA Comment Request and Joint AG Meta Complaint
Children’s and teen’s online privacy and safety – particularly their mental health – continues to be an area of intense scrutiny for lawmakers, regulators, and enforcers. Last May, the Biden administration announced the creation of a new task force focused…