[Congressional Record Volume 170, Number 35 (Tuesday, February 27, 2024)]
[Senate]
[Pages S999-S1001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Children and Teen's Online Privacy Protection Act
Mr. MARKEY. Mr. President, I rise today in support of the Children
and Teens' Online Privacy Protection Act or, as it is known, COPPA
2.0., the Child Online Privacy Protection Act.
We stand at a truly consequential moment for protecting children
online in our country. Our kids are suffering from an acute mental
health crisis. The statistics are staggering: One in three high school
girls in the United States seriously considered suicide in 2021--one in
three teenage girls considered suicide. At least 1 in 10 high school
girls attempted suicide in the United States in 2021--1 in 10 teenage
girls in America attempted suicide in 2021. Amongst LGBTQ youth, the
number is more like one in five LGBTQ youths attempted suicide in 2021.
We know that Big Tech's tracking, targeting, and traumatizing of our
young people is contributing in a significant way to that crisis. As
the Senate Judiciary Committee hearing just a few weeks ago
demonstrated, Big Tech CEOs still don't understand the damage they have
caused and remain unwilling to make the necessary changes to fix their
platforms and protect children, to protect teenagers, because, without
a doubt, self-regulation by the CEOs of the tech companies has failed
and failed miserably. Otherwise, we would not be in this mental health
crisis.
In the face of this defiance by the industry, policymakers at the
Federal, State, and local levels have been introducing and passing new
legislation to address the crisis. More notably, last week, the Florida
Legislature felt compelled to pass a law to ban all kids under 16 from
social media all together in the face of Big Tech inaction. Do you hear
what I am saying? Florida is passing a law banning kids under 16 from
being on at all.
I am glad that bipartisan lawmakers and regulators have mobilized
across the country to address this problem, but we also must be careful
because social media is not inherently bad. Many young people have
found their voices online and organize there on issues such as the
climate crisis and gun violence. Online platforms allow young people to
connect with loved ones, share their own experiences, and learn from
others in ways that are just unavailable to them offline. They need, in
many instances, the online communities. If we shut down those spaces in
our efforts to keep children and teenagers safe online, we may just
trade one youth mental health crisis for another one.
For most of my career, I have worked to get this balance right--to
protect kids from the dangers of new technologies without undermining
the social, the political, and the economic benefits of those very same
technologies. There is a Dickensian quality to these qualities. There
are the best of technologies and the worst of technologies
simultaneously. They can enable, they can ennoble, or they can degrade
and debase.
We want the benefits but also have to protect our society--especially
young people--against the degradation that has now overcome so many
parts of the internet. We just have to find a balance with social media
as we have done in many other areas of our country.
Fortunately, we are not writing on a blank slate. The Children's
Online Privacy Protection Act, the original COPPA, laid the groundwork
for protecting kids online by empowering parents and allowing corporate
incentives with our policy goals. And unlike more draconian laws from
that era, COPPA remains the law of the land. In fact, the only Federal
privacy protection for kids online is my law, which passed 26 years
ago, which protects kids under the age of 13.
But we can now see that it has expanded beyond anything that people
actually thought about in 1998. And in the 26 years since COPPA's
passage, much has changed, but at the same time the core principles of
that bill still hold the key for protecting young people today. That is
why I am fighting so hard to pass COPPA 2.0 and update those privacy
policies. And it is why it is worth revisiting the passage of COPPA in
1998 and its successes over the past two decades.
As many of my colleagues remember, the late nineties were an exciting
and scary period for technology. This spectacular growth in home
internet access ushered in a digital and communications revolution,
making it easier than ever to find information, discover new
communities, and interact with friends, families, and strangers online.
In fact, I am the author of the key three bills that moved America from
analog to digital, from narrowband to broadband. I am very proud of
that. Not one home had broadband in America in February of 1996, so I
am proud of those bills I authored at the time.
We want the benefit of the information superhighway. We want the
revolution. But in that early internet period, the possibilities
appeared endless: online classrooms, remote work, telehealth services.
The internet threatened to upend every aspect of society, and we
lawmakers, the public, individuals across the globe--we were now trying
to catch up with these changes that the laws that I authored were now
ushering in, real changes in commerce, education, and healthcare.
Even in those heady days, however, the dark side of the digital
revolution was already apparent, the sinister side of cyber space.
Heads rose almost immediately. New personal computers and access to the
internet created vast
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opportunities for corporate surveillance, allowing the new online
platforms to amass large quantities of our personal information and our
data with every click, every typed word. Every website visited became
another data point in the ever-expanding profiles that websites, web
browsers, and other online companies built on their users. This was in
the ``BF'' era, the before Facebook era. Before there ever was a
Facebook, they were already doing it. As soon as we moved to broadband,
as soon as the three laws passed, the initial companies all moved in
that direction. And that is when the Big Tech titans just began to
master the lucrative art of targeted advertising, using all of this
collected data.
But they understood that our data had value, and they began building
huge data collection apparatus. For those of us closely monitoring the
digital revolution, online companies' voracious appetite for our data
exposed extreme risk to our privacies. As our social, economic, and
political lives increasingly took place online, Big Tech's near-
constant surveillance threatened to expose every part of every life in
America to eliminate personal privacy as we know it.
Back in the 1990s, I was deeply concerned about this risk, and I
introduced legislation to enact an electronic privacy bill of rights
across all technology platforms in our country. And, like today,
lobbyists blanketed Capitol Hill, warning that limits on data practices
would harm innovation, block the internet revolution, and threaten
America's place as the world's economic leader.
So my comprehensive privacy bill, even though I got it passed in the
House in 1995, which would be in place right now for all Americans, and
other privacy legislation, ultimately, all fell victim to this lobbying
firestorm. And, 26 years later, we still don't have a national
comprehensive privacy law. We came so close in 1995 and 1996.
But on one aspect of this problem, reason prevailed: children's
privacy. So what I did then, in October of 1998, is I went back to my
Republican colleagues, and I said: Well, if we are not going to protect
adults and we are not going to protect teenagers, at least let us
protect kids in America under the age of 13. Let's have a child online
privacy protection law for those kids. Can I get that from you?
So the law wasn't perfect, but COPPA fundamentally changed how
websites and online services interacted with children. The law, No. 1,
prohibited companies from collecting information data on children under
the age of 13 without obtaining parental consent. No. 2, it required
companies to give parents access to their children's personal
information. And, No. 3, it required companies to post clear privacy
policies describing their collection of children's personal
information.
No longer could websites vacuum up children's data without any
parental consent. No longer could they think of this as a hidden, vast
surveillance apparatus without even a disclosure. No longer could they
amass troves of data on our kids without parental oversight. All that
ended with COPPA, the Children's Online Privacy Protection Act of 1998,
but only for kids under the age of 13.
But, ultimately, the core problem facing our children, both in the
1990s and even more so today, is Big Tech's relentless and unyielding
drive to accumulate more and more data on its users, including
children. And this data may seem vague and uncertain, but it is
anything but. It is a child's name, email address, location, their
height, their weight, their health conditions, their fingerprints and
facial scan, their likes and dislikes, even their sexual orientation
and gender identity.
If you can identify a characteristic of a child, chances are that Big
Tech wants to know about it and wants to use it to develop an ever more
precise profile on that one specific child to target that child with
information that advertisers and others will pay to talk to that child.
Why? Because of targeted advertising. More data means more effective,
targeted ads at that child, at that teenager, which means more money
for the Big Tech companies, bigger mansions, bigger yachts, bigger
superjets for them. But it all comes at the expense of individual
children and teenagers all across our country. And the more money they
make, it allows the tech giants to invest in new ways to keep our young
people glued to their screens.
So the hearings I had in the 1990s were on AI and how AI is going to
be used in order to do all of this targeting. I had all of those
hearings in the 1990s. It is not new. It is just now on steroids, even
worse, even more dangerous.
So the giants are absolutely committed to keeping this continued
because the media giants of today are really advertising giants. That
is all they are. Data is the fuel for Big Tech's profit machine and the
raw material that sustains Big Tech's business model.
This endless quest for more data incentivizes Big Tech to maximize
user engagement and attention. The formula is very simple: More time on
social media means more data to fuel the targeted advertising machine.
That means more revenue for Big Tech, coming at the expense of the
privacy of teenagers and children in our country.
Addiction equals data, equals money--simple formula. Addiction equals
data, equals money. That is their business model. You can put it on a
3-by-5 card. It is not complicated, and it is a lot of money.
In 2022, according to a recent Harvard study, the major Big Tech
platforms earned nearly $11 billion in advertising revenue from U.S.
users under the age of 17. So $11 billion they made off of kids,
targeting ads toward them. That is 11 billion reasons to build ever
more sophisticated data profiles on younger users; 11 billion reasons
to develop new addictive features; 11 billion reasons to keep our young
people clicking, swiping, and liking.
The question then is how to break this self-fulfilling cycle, how to
change Big Tech's incentives to modify their operations to benefit
children rather than addict them. The answer is to address the
underlying source of the problem: the data that fuels Big Tech's
business model itself.
If Big Tech no longer has an incentive to maximize the data collected
on a young person, it will lose the incentive to develop ever-changing
methods to addict that child, that teenager to the product in the first
place. By breaking the incentive to collect data, we can permanently
change Big Tech's approach to children and to teenagers in our country.
So, back in 1998, my original child online protection bill took a
first step to change those incentives. It put up barriers that limited
websites' ability to collect endless data on children, putting parents
in control, and, over the past 26 years, the Federal Trade Commission
has used its authority under the Children's Online Privacy Protection
Act to hold all sorts of companies accountable for invading kids'
privacy.
Using my law from 1998, by 2003--the Federal Trade Commission--it
was Mrs. Fields Cookies and Hershey collecting children's information
online without obtaining parental consent. In 2008, it was Sony. In
2019, Google agreed to pay $170 million for its YouTube channels'
violation of COPPA. And, just last year, Epic Games, Microsoft, and
Amazon all agreed to settlements for COPPA violations.
In total, the Federal Trade Commission has held 36 companies
accountable thanks to its authority to protect kids online under COPPA,
and COPPA's true impact is so much bigger because those 36 cases that
the Federal Trade Commission won are a deterrent to hundreds of
companies trying to do the same thing, because they can see how big the
penalty will be if they violate the terms of the law.
And then, last year, 33 attorneys general filed claims under COPPA
against Meta, against Facebook, for collecting personal data on
millions of users that Facebook and Instagram knew were children. They
knew they were children. Their algorithms could tell them they were
children.
And Meta's willful blindness toward these users was breathtaking. One
internal Meta report estimated that, in 2015, 4 million users on
Instagram were under the age of 13, and they knew it. And it
represented 30 percent of all 10- to 12-year-olds in the country, and
they knew it. They knew what they were doing.
In other cases, Meta employees allegedly declined to conduct research
on users that the company knew were
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under age 13 because such research would reveal that children used its
platforms. They didn't want to know what they knew. They didn't want
the documentation to reinforce and prove that they were in violation of
the law.
So if it looks like a duckling, swims like a duckling, quacks like a
duckling, it is probably a duckling. And that is what these companies
are doing. We know. They know. Everybody knows what they are doing.
So the States' complaint makes this clear: Meta knew that Facebook
and Instagram were filled with ducklings but deliberately stuck their
head in the sand. And, by the way, for people watching, Facebook just
changed their name to Meta, but it is still the same. It is still
Facebook. It is still Instagram. And they are both owned by Meta.
So thanks to COPPA, Meta is being held accountable for this brazen
conduct, for collecting vast quantities of data for its targeted
advertising machine without even trying to obtain parental consent at
all.
Despite the valiant efforts of the Federal Trade Commission and State
regulators, websites and online services have found ways to skirt these
privacy protections to amass troves of data on young people and feed
their data-fueled business model.
And, most notably, teenagers are unprotected by COPPA. Similarly, the
law does not contain strict protections against excessive data
collection or targeted advertising by Big Tech.
When I first pushed for COPPA in 1998, I summarized my plan in three
words: disclosure, knowledge, and no--disclosure of privacy policies,
knowledge of the information collected on our children being reused for
other purposes, and the right to say no to the reuse or sale of that
information.
Today, the same formula works, except the no. It is now more like a
``no, no, no, no; stop it; end this.''
We have a mental health teenage and child crisis in our country, and
the Surgeon General of the United States has pointed the finger at
social media: No. Stop it. End it.
And the companies must still disclose their privacy practices to
users and still must ensure their parents can access the information
collected on their kids and prohibit future use of that information.
But we need to adapt. We need to adopt stronger and more aggressive
protections to disrupt Big Tech's business model, to provide Big Tech
with financial incentives to build healthy platforms for our young
people and not these dangerous cesspools that have been created.
And that is why, for over a decade, I have been introducing
legislation to crack open Big Tech's business model by prohibiting
targeted advertising for kids and teens and to prohibit Big Tech from
collecting data on young people beyond what is necessary to provide the
service. These provisions--along with raising the COPPA age to cover
teens up to age 17 and preventing online platforms like Meta from
pretending their users aren't children or teens--target the perverse
incentives with Big Tech's business model. They fix the rot under the
floorboards of this whole system, rather than just applying a new layer
of paint.
This is the ``no, no, no'' that this Senate, this country must say to
Big Tech, and it is the foundation of my and Senator Cassidy's COPPA
2.0 legislation, which has now passed through the U.S. Senate Commerce
Committee. The committee unanimously, last year, No. 1, said no
targeted advertising toward teenagers and children; No. 2, no
unnecessary data collection from children and teenagers in our country;
No. 3, no deliberately ignoring young users and pretending you don't
know that they are young because your algorithms tell you they are
young. You know it. You know it, just because of all of the other sites
these young people go to. You know who they are.
By addressing the business model, COPPA 2.0 also preserves the real
benefits of social media. It allows young people to open accounts,
converse with friends and family, find new communities, learn, grow,
develop, and take part in rich online spaces.
I have heard from countless young people that these spaces are
essential for their own development and growth. So, as policymakers at
every level, but especially in this body, we consider different
approaches to regulating social media and addressing the youth mental
health crisis. We must remember the ultimate source of the whole
problem is the data which they collect. We cannot allow them. We cannot
permit them to continue to collect that data and then use it to go back
and target kids with it.
And any effort to combat this crisis has to include effective reforms
to minimize this data collection, enhance privacy protection for young
people online, and ban targeted advertising for kids and teens. That is
what COPPA 2.0 does. I am deeply proud to lead this legislation with my
good friend from Louisiana, Senator Cassidy, a physician who knows that
there is a mental health crisis in our country. And I am thankful for
the thoughtful work of Chair Cantwell and Ranking Member Cruz on this
bill, and I am delighted to say that both have agreed to cosponsor
COPPA 2.0.
COPPA 2.0 is bipartisan. It is a commonsense effort to address Big
Tech's insatiable appetite for data and their incentive to addict our
kids and teens to their platforms by returning to the lessons from the
1990s, which we knew was going to be a problem right from the
beginning. We can put an end to Big Tech's impunity. We can turn social
media platforms into healthy spaces for our young people. We can
finally look our kids in the eye and say: We are making changes for
them, to protect them, to deal with this mental health teen and
children's crisis in our country.
The surgeon general has pointed the finger at this as a major source
of the problem. We have to do something about it. So I urge my
colleagues, on a bipartisan basis--and I know it is bipartisan at this
time--that we move, and we move rapidly. We have to give relief to
parents and families all across our country.
We just can't allow Big Tech CEOs to determine the morality of our
country, the values of our country. The technologies should animate our
values, not the values of tech CEOs. They should have the values of the
American people that are built into it.
So that is my hope. I urge all of my colleagues to support this
legislation, and I will just add, parenthetically, that the other thing
I was able to do in 1996 was to pass in that bill, the legislation
which pays for kids, the poorest kids in America, to be online at their
desks in schools. Otherwise, rich kids would have had it, and poor kids
would not. So far, that program is a $75 billion program--$75 billion--
the largest single educational technology program in the history of our
country to make sure that poor kids have it on their desk. And for the
first time in American history, a new technology was introduced at the
same pace for poor kids as the rich kids. But we still have much more
work to do to make sure that they can afford it at all, that they can
have access to it, because our country is changing, and the technology
is helping to change it, and we must keep up with the policies that we
know are going to be necessary--especially to protect young people in
our country. They are only 20 percent of our population, but they are
100 percent of our future, and we, in the Senate, must act this year to
protect them.
I yield the floor.
The PRESIDING OFFICER (Mr. Markey). The Senator from Iowa.