As digital spaces continue to evolve, so too must the laws that are designed to protect the youngest users of these platforms. Congress is, seemingly, rising to the challenge by currently considering four bills related to online safety for children and teens. This drive to update legislation comes as no surprise given that current U.S. laws targeted at maintaining online safety for children have failed to keep pace with the extensive advances made in the field of technology in recent years.
It is pertinent to recall that the Children’s Online Privacy Protection Act (COPPA), a significant piece of legislation dealing with this issue, is more than two decades old and even then, it solely targets the safety of children under 13 years of age. So, it is evident that current laws are woefully under-equipped to address the current digital environment, which includes the likes of social media and the creator economy. Hence, many state and federal legislators are rallying tirelessly for extending and updating these protective measures to better cater to the needs of minors in the online realm. [Orrick, Herrington & Sutcliffe LLP]
No doubt, these initiatives by Congress will be closely watched by legal professionals, particularly those working in the tech industry as well as in related areas of law. The online safety of children and teens is not only a legal concern but also a social and moral one, with implications for the broader society. If successful, these four bills could arguably construct a more robust legal framework for the protection of minors online.
It merits further scrutiny and discussion as to how these new legislative measures will operate in conjunction with existing laws, the potential conflict of legislative powers between federal and state governments, and the feasibility of implementing such laws without trampling on digital freedoms. The task ahead for Congress, no doubt, is a formidable one.