Montana’s TikTok Ban Tees Up First Amendment Legal Battle

Montana has become the first state to institute an outright ban on TikTok, barring it from operating in the region and prohibiting app stores from providing downloads there. The move is opposed not only by the Chinese-owned TikTok, but by free speech advocacy groups including the American Civil Liberties Union. The ban is set to go into effect January 1, 2024, though legal challenges could delay that implementation. Observers say the inevitable lawsuits fighting the legislation could prove instructive as relates to proposed federal TikTok bans in development in Washington. Continue reading Montana’s TikTok Ban Tees Up First Amendment Legal Battle

Facebook and Instagram Roll Out New Safety Tools for Teens

Meta Platforms is introducing updates to further protect teens on Facebook and Instagram. Starting this week, those under the age of 16 (or under 18 in certain countries) will be defaulted into more stringent private settings when they join Facebook. A similar default was put into effect on Instagram last year. Meta is also restricting “potentially suspicious adults.” For example, adults will be restricted from messaging teens they aren’t connected to and from seeing teens in their People You May Know recommendations. A “suspicious adult” is one that has recently been blocked or reported by a young person. Continue reading Facebook and Instagram Roll Out New Safety Tools for Teens

Advocacy Groups Seek to Enact Online Rules to Protect Kids

A coalition of more than 20 advocacy groups with an interest in child safety is petitioning the Federal Trade Commission to prohibit social media platforms including TikTok as well as online games and other services from bombarding kids with ads and using other tactics that may hook children online. Regulators are being lobbied to prevent online services from offering minors “low-friction rewards” — unpredictably granting positive reinforcement for scrolling, tapping or logging on to prolonged use. The groups say the technique is the same used by slot machine makers to keep gamblers engaged. Continue reading Advocacy Groups Seek to Enact Online Rules to Protect Kids

Online Safety Act Paused as Ofcom Reports on Net Neutrality

UK watchdog Ofcom has proposed a loosening of the nation’s net neutrality rules so as to not unduly restrict innovation and development. While it is up to government and Parliament to change the law, recommendations from Ofcom — which was created to monitor compliance with net neutrality laws — are influential. “Since the current rules were put in place in 2016, there have been significant developments in the online world, including a surge in demand for capacity,” as well as the rollout of 5G, and the emergence of large players like Netflix and Amazon Prime. Continue reading Online Safety Act Paused as Ofcom Reports on Net Neutrality

California Governor Signs Online Child Protection Bill into Law

Governor Gavin Newsom signed the California Age-Appropriate Design Code Act into law last week, making his state the first in the nation to adopt online child safety measures. The bipartisan legislation requires online platforms to default to privacy and safety settings that protect children’s mental and physical health. The new law, cosponsored by Assemblymembers Buffy Wicks (D-15th District) and Jordan Cunningham (R-35th District), prohibits companies that provide online services and products in California from using a child’s personal information and forbids collecting, selling, or retaining a child’s geolocation, among other things. Continue reading California Governor Signs Online Child Protection Bill into Law

FTC Explores New Rules Surrounding Data Collection and AI

The Electronic Privacy Information Center is calling on the Federal Trade Commission to create rules that would protect the digital privacy of teens. Human Rights Watch is asking the FTC for safeguards to prevent education companies from selling minors’ personal information to data brokers and a ban on data-driven advertising targeting children. Both groups were represented at the FTC’s first public forum to explore adopting new rules around data collection and AI training on personal data. Practices the FTC is examining include the timeframe in which companies can retain consumer data and mandating audits of automated decision-making systems. Continue reading FTC Explores New Rules Surrounding Data Collection and AI

California’s Online Child Safety Bill Could Set New Standards

A first of its kind U.S. proposal to protect children online cleared the California Legislature Tuesday and was sent to the desk of Governor Gavin Newsom. The California Age-Appropriate Design Code Act will require social media platforms to implement guardrails for users under 18. The new rules will curb risks — such as allowing strangers to message children — and require changes to recommendation algorithms and ad targeting where minors are concerned. The bill was drafted following Facebook whistleblower Frances Haugen’s 2021 congressional testimony about the negative effects of social media on children’s mental health. Continue reading California’s Online Child Safety Bill Could Set New Standards

Meta Adding Parent Controls for Instagram and Virtual Reality

Meta Platforms is beginning to implement parental controls on Instagram and Quest. Last week, Instagram added a Family Center that will eventually expand to allow parents and guardians to “help teens manage experiences across Meta technologies from one central place.” Meta says parental controls will be added to Quest VR in May, and hinted others, like Facebook, are queued-up to join. The Family Center will allow parents to monitor how much time their teens spend on Instagram, setting limits if they choose. Additionally, accounts teens follow and accounts following them will be trackable. Continue reading Meta Adding Parent Controls for Instagram and Virtual Reality

TikTok Updates Safety for Minors, Expands Security Features

On the heels of its first Congressional hearing for product safety, TikTok has announced policy changes aimed at making the short-form video social platform safer and more secure, particularly for minors, LGBTQ and minority users. In October, TikTok vice president and head of public policy Michael Beckerman testified along with executives from Snapchat and YouTube, addressing questions from U.S. senators as to the social media site’s impact on teen eating disorders and fallout from dangerous hoaxes. The policy updates address those concerns and institute new cybersecurity measures intended to protect user data from unauthorized access. Continue reading TikTok Updates Safety for Minors, Expands Security Features

Meta Says User Safety Prompts Delay for Default Encryption

Last month, Meta Platforms announced it would delay until 2023 the introduction of end-to-end encryption (E2EE) by default on Messenger and Instagram. Now the company is shedding light on its decision, which walks the line between issues of privacy and public safety. Child advocates said the change would help abusers avoid detection. Since the purpose of encryption is to shield sensitive information for things like financial and health information, it wouldn’t do to have human monitors poking around there. Meta is using artificial intelligence in an attempt to prevent bad behavior before it happens. Continue reading Meta Says User Safety Prompts Delay for Default Encryption

European Union Supports New Restrictions on Targeted Ads

In what could be bad news for companies such as Facebook and Google, the European Parliament has voted to toughen limits on the use of consumer data for advertising. The Committee on Internal Market and Consumer Protection (IMCO) voted overwhelmingly under the Digital Markets Act (DMA) to support stricter consent requirements for how personal information is used to serve ads, expanding the draft legislation to include a ban on the commercial use of the personal data of minors. The proposed law blacklists some practices of Big Tech platforms and empowers the EU Commission to undertake investigations, adding sanctions for non-compliant behavior. Continue reading European Union Supports New Restrictions on Targeted Ads

Gaming Industry Reacts to New Entertainment Rules in China

Chinese online game companies are falling in line with Xi Jinping’s government mandate to curb negative influences on the country’s youth, vowing to self-police the workarounds kids have found to circumvent regulatory limits on play-time. In August, China banned persons under 18 from playing video games more than three hours each week. More than 200 game firms including Tencent and NetEase say they will comply with regulations announced by China’s National Press and Publication Administration and take steps to ensure the rules are enforced. The NPPA suggested use of facial recognition to accomplish that goal. Continue reading Gaming Industry Reacts to New Entertainment Rules in China

China Says No Video Games for Kids During the School Week

China’s General Administration of Press and Publication (GAPP) announced a regulation that bans young people under the age of 18 from playing online video games between Monday and Thursday and, on the other days of the week and holidays, limits game play between 8:00 PM and 9:00 PM. Authorities blame “video game addiction” for distracting younger people from school and family responsibilities. The rule states that all video games must connect to an anti-addiction system operated by the GAPP. Continue reading China Says No Video Games for Kids During the School Week

Facebook Updates Privacy Policy, Details Use of Personal Data

Facebook announced that it is updating its privacy policy to remind users that their data can be used by advertisers. Facebook has made changes to two legal documents in order to make it clear that users grant Facebook the right to share their name, profile picture and content with advertisers. While Facebook’s policy has never been a secret, Facebook hopes to make their rules more explicit for users who may have been confused. Continue reading Facebook Updates Privacy Policy, Details Use of Personal Data