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The kids ain’t alright—or at least, advertising to the kids might not be.
This week, the Senate overwhelmingly passed two bills that could affect how advertisers interact with children online, if they become law.
Minor threat: The Children and Teens’ Online Privacy Protection Act (COPPA 2.0), an updated version of the 1998 bill of the same name, would effectively ban targeted advertising to and collecting personal information on anyone under the age of 17. It would also allow parents to delete any personal information a company may have collected about their child. Contextual advertising, though, would still be allowed.
Meanwhile, the Kids Online Safety Act (KOSA) would require tech companies to take “reasonable measures” to mitigate harms against minors, including cyberbullying and mental health conditions like eating disorders and depression.
What exactly is considered a “harm” has been hotly debated, as opponents of the bill, including the ACLU and LGBTQ groups, have raised concerns that it could be used to police and censor online content.
“An attorney general can simply argue, ‘I believe that LGBTQ content makes kids depressed, or makes kids kids anxious,’” Evan Greer, director of digital rights advocacy nonprofit Fight for the Future, told Marketing Brew last year when KOSA was gaining steam.
Though its future in the House is uncertain, President Joe Biden has repeatedly signaled that he supports strengthening privacy protections for children. After the bills passed, Vice President Kamala Harris, who is currently mounting her own presidential campaign, voiced support for the legislation.
What the industry has to say: Microsoft and Snap have embraced KOSA, while Meta suggested that the bill, if passed, could require parental approval to download apps. Some trade groups are more outwardly opposed. After the bills passed, Lartease Tiffith, EVP of public policy at the Interactive Advertising Bureau, an ad industry trade group, shared a statement with Marketing Brew arguing that KOSA “takes an overly broad approach that could harm the very users it aims to protect.”