Scope of online safety measure(s).2025-01-21-22-01-38.png)
Online harms addressed
Territorial scope
Penalties and enforcement
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19 Feb 2025
Insight
Key online safety measures and status
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Key online safety measures |
Status |
Additional commentary regarding status |
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Children's Online Privacy Protection Act of 1998 (COPPA) |
Law |
Came into effect in April 2000. |
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Children's Online Privacy Protection Act 2.0 (COPPA 2.0) |
Draft law |
The House and Senate are currently attempting to reach a compromise text for an updated version of COPPA, the Children and Teens’ Online Privacy Protection Act (COPPA 2.0). |
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Online Health and Safety for Children and Youth: Best Practices for Families and Guidance for Industry |
Guidance |
Published by the White House Task Force on Kids Online Health and Safety. |
Key concepts
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Key takeaways
While COPPA has been the primary legislation addressing the data privacy of children on the federal level for some time, there may be significant changes in the near future
Kids Online Safety Act (KOSA) and COPPA 2.0 are both currently pending before the US Congress. KOSA would impose a duty of care on website to take reasonable steps to mitigate harm to children. COPPA 2.0 would raise the age for protection from 13 to 17 and prohibit targeted advertising
The First Amendment in the US Constitution (to protect freedom of speech) has significantly prohibited any all-encompassing federal legislation around online safety
In parallel, the private sector continues to self-regulate as well, with big tech determining the content moderation balancing act and the US Supreme Court intervening, as appropriate
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.