Blumenthal, Graham Prep Return of Earn It Act
Sens. Richard Blumenthal, D-Conn., and Lindsey Graham, R-S.C., are “pretty close” to reintroducing the Earn It Act (see 2008050039), without major changes anticipated, Blumenthal told us. He led a Consumer Protection Subcommittee hearing Tuesday, where witnesses offered potential solutions for online child exploitation. Blumenthal and ranking member Marsha Blackburn, R-Tenn., criticized TikTok for refusing to testify.
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“We’re in agreement that we should go forward,” Blumenthal said of Graham, noting the unanimous Judiciary Committee vote last session (see 2007020050). If the bill isn’t identical, “it will be very, very close,” he added. The most recent version would remove the tech industry’s blanket immunity under Communications Decency Act Section 230 from federal civil, state criminal and state civil child sexual abuse material (CSAM) laws. An attorney general-led commission would develop voluntary best practices.
Blumenthal said he’s in close discussions with Graham, who introduced the bill with Sens. Josh Hawley, R-Mo., and Dianne Feinstein, D-Calif. Asked if she supports the Earn It Act, Blackburn told us she supports components that would tighten protections in the Children's Online Privacy Protection Act. She noted witnesses supported more specificity about what’s acceptable when companies collect kids' information.
Facebook, YouTube, Snapchat and TikTok are a few platforms failing to protect youth and using algorithms that keep users “addicted” to scrolling and viewing, Blumenthal and Blackburn said. TikTok’s failure to appear is an admission it has no adequate answers, said Blumenthal. Blackburn was “frustrated” with TikTok’s lack of attention to data security and children’s privacy. TikTok is "deeply committed to the safety of minors and we continually work to strengthen our safeguards to protect teens on our platform," the company said in a statement. "We look forward to a continued dialogue around our shared priority of keeping youth safe online with this committee." Google and Snapchat didn’t comment.
Facebook should abandon plans to launch Instagram for children, said Blumenthal (see 2105100048), citing predatory sexual content and manipulative content on both platforms. He said the Earn It Act offers a “template” for even broader action on Section 230. The three witnesses -- Angela Campbell, co-director, Georgetown Law Institute for Public Representation; Serge Egelman, research director-usable security and privacy at the University of California, Berkeley's International Computer Science Institute; and 5Rights founder Beeban Kidron -- agreed Facebook shouldn’t launch this.
A Facebook spokesperson noted a previous statement on excluding ads from Instagram content geared toward children. The company also noted a recent letter to Congress saying it's committed to consulting with experts. “We do not have a set timeline,” the company wrote, so "expect development and consultation with experts to take many months.”
Even without collection of children’s data, it’s a type of “grooming,” said Egelman. Locking young users into a social network with their web of friends means it will be harder to walk away when they’re older, said Egelman. The length of time that platforms are tracking users from childhood to adulthood is frightening, said Blackburn. She pushed for support for her Safe Data Act (see 2009180052), which would prevent companies from transferring teens’ data without the individuals' or parents’ consent.
Facebook hasn’t earned the trust to offer children’s services, said Kidron. Unless they have standard agreements about what’s a suitable platform for children, Facebook shouldn’t go ahead, she said.
Ed Markey, D-Mass., urged support for his Children and Teens’ Online Privacy Protection Act with Sen. Bill Cassidy, R-La. (see 2105110052), which he called COPPA 2.0. It’s critical to add a “constructive knowledge” standard to COPPA, which would further clarify when a platform knows a minor is underage. Platforms unequivocally know users’ ages, said Kidron: What’s lacking is transparency and agreement with platforms about age assurance.
Ben Ray Lujan, D-N.M., noted testimony from Campbell in 2019 saying the FTC has no formal process to field COPPA complaints from parents. Campbell filed 14 such complaints and didn't receive responses, noted Lujan. He asked if anything has changed since the testimony. There’s still no formal process, said Campbell, and the agency signaled it’s looking at these questions “a little more” through FTC Act investigative demands and studies. Parents should notify the commission with complaints, she said. Blumenthal noted the FTC has filed 34 COPPA cases in the past 21 years, which he said shows lack of resources or lack of will. The agency didn’t comment.