Senator Markey And Representative Barton Reintroduce Do Not Track Kids Act (The Download - November 2013)

Edited by Stuart P. Ingis and Michael A. Signorelli

HEARD ON THE HILL

Senator Markey and Representative Barton Reintroduce Do Not Track Kids Act

On November 14, 2013, the Do Not Track Kids Act (S. 1700 and H.R. 3481) was introduced in both chambers of Congress by Sen. Edward Markey (D-MA), Sen. Mark Kirk (R-IL), Rep. Joe Barton (R-TX), and Rep. Bobby Rush (D-IL). The bill's authors have cited increased use of the Internet by kids and teens as creating a need for the legislation. In 2011, Sen. Markey, who was then in the House, and Rep. Barton first introduced the bill in the House, where it stalled. Although now serving in separate chambers, these original sponsors have enlisted new co-sponsors from across the aisle to introduce a bipartisan bill in both the House and the Senate. The purpose of the bill is to amend the Children's Online Privacy Protection Act of 1998 ("COPPA") to include further restrictions for Internet companies seeking to collect and disclose children's and teens' personal and location information.

Unlike COPPA's current coverage, which applies to children age 12 and under, the Do Not Track Kids Act would expand the law to cover teens age 15 and under. The bill would prohibit Internet companies from collecting and disclosing personal information from kids (without parental consent) and from teens (without their consent). Consent from parents (on behalf of their children) and teens would also be required before online behavioral advertisements could be displayed. Additionally, the bill would create a "Digital Marketing Bill of Rights for Teens" limiting the collection of certain personal information. Another provision would create an "Eraser Button," which is a tool that parents and children could use to eliminate personal information made publicly available on the Internet.

House Bipartisan Working Group Continues Discussion on Privacy

On November 14, 2013, the Bipartisan Privacy Working Group of the House Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade ("Working Group") held a second meeting to discuss the growing information-sharing capabilities and connectivity of consumer devices, known as the Internet of Things ("IoT"). The Working Group heard from representatives from industry and a former top official from the Federal Trade Commission. During this meeting, the Working Group participants discussed how the IoT could affect the average consumer through the integration of their household appliances, medical devices, and other "smart" items for everyday use. Participants also examined the extent to which any existing or proposed privacy laws could impact innovation within the IoT space.

On November 20, 2013, the Working Group held its third meeting on consumer privacy issues. The Working Group heard from the Direct Marketing Association ("DMA"), consumer interest groups, and a representative of the academic community. At this meeting, the DMA discussed the results of a new academic study that demonstrated the value of data to the U.S. economy. The DMA reported that data-driven marketing generates an estimated $156 billion annually and fueled more than 675,000 new jobs in 2012.

AROUND THE AGENCIES

Federal Trade Commission Holds Workshop on "Internet of Things"

On November 19, 2013, the Federal Trade Commission ("FTC") hosted "the Internet of Things" ("IoT") Workshop to explore potential consumer privacy and security concerns involving the flow of data across new technologies. "IoT" is a term that describes the exchange of data enabled by everyday devices. Industry stakeholders and consumer advocates came together to discuss both the impact increased connectivity will continue to have on privacy and lifestyles and ways to ensure personal data is protected. Panel topics included "The Smart Home," "Connected Health and Fitness," "Connected Cars," and "Privacy and Security in a Connected World."

Chairwoman Edith Ramirez began the workshop with opening remarks that highlighted the benefits and ramifications that the IoT can have for consumers. She noted that while the workshop would shed light on benefits and risks associated with increased connectivity of everyday devices, the FTC's ultimate goal was to address how to allow for continued use of devices in a manner that overcomes privacy and security issues. She identified three core elements of the FTC guidelines for...