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IN THE NEWS: House members, witnesses agree time is ripe to pass federal data privacy laws

by Policy

Proposals to improve children’s online data privacy were a big focus during a House subcommittee hearing on Wednesday.

By: Anna Merod

Source: K-12DIVE

Dive Brief:

  • Data privacy rights, particularly for children, were front and center at a House subcommittee hearing Wednesday that focused on three bills aimed at limiting online companies’ storage and use of consumer data.
  • Several lawmakers and witnesses said including more protections for children’s data would be crucial under the proposed American Privacy Rights Act, which would set national consumer data privacy rights. They also stressed the importance of prohibiting targeted advertising to children and teens — as included in the proposed Children and Teens’ Online Privacy Protection Act, or COPPA 2.0.
  • Representatives from both sides of the aisle, along with witnesses, also agreed that the current momentum building around the issue in Congress might be the best chance for passing comprehensive federal data privacy legislation.

Dive Insight:

The proposals aiming to bolster data privacy protections, particularly COPPA 2.0, could impact how schools navigate contracts with ed tech companies that often handle sensitive student data.

Endorsement for updates proposed for COPPA 2.0 came from 11 education groups in a letter to several members of the Senate Health, Education, Labor and Pensions Committee and House Energy and Commerce Committee on Wednesday. The groups, which the Association of School Business Officials, the Consortium for School Networking, the National School Boards Association, and AASA, The School Superintendents Association, endorsing are members of the Federal Education Privacy Coalition.

The groups wrote that the proposed COPPA 2.0 “finds the right balance between enhancing child and teen privacy protections online and enabling schools to effectively incorporate edtech into the classroom.” The bill would allow schools to offer students access to ed tech platforms once a vendor contract is signed and the school has thoroughly vetted the ed tech company for privacy and security safeguards, they said.

Additionally, the groups supported the bill’s proposal to expand online privacy protections for children from those 13 and under to those 17 and under.

During Wednesday’s House Innovation, Data, and Commerce Subcommittee hearing, panel Chair Rep. Gus Bilirakis, R-Florida, said in his opening statement that passing bills like COPPA 2.0 and KOSA is a critical safety measure.

“We know that big tech has failed, ladies and gentleman, to prioritize the health and safety of our children online, resulting in significant increase in mental health conditions, suicide and drug overdose deaths.” Bilirakis said. “It’s time for big tech to be held accountable for facilitating this activity and manipulating our kids to keep them addicted to their screens for longer than ever before.”

Ava Smithing, advocacy and community director for the Young People’s Alliance, shared how targeted advertising and algorithmic changes on Instagram shaped her eating disorder when she was a teen.

“They stored my insecurity as data and linked it to all my accounts across the internet,” Smithing said. “They used my data to infer what other types of ads and content I might ‘like,’ leading me down a pipeline from bikini advertisements to exercise videos to dieting tips and finally to eating disorder content.”

Smithing expressed support for both the proposed Kids Online Safety Act and COPPA 2.0, stressing the importance for social platforms to give users a way to opt out from targeted advertising or even turn off targeted advertising by default.

Data privacy standards appear to be stronger in APRA than in COPPA 2.0, said witness Samir Jain, vice president of policy at the Center for Democracy and Technology. He suggested that data protections instead be included in one place for both adults and children,“It’s helpful to have this all in one place, because we don’t want to inadvertently protect kids less than we do adults.”

Additionally, Jain said there’s a need to create a youth privacy division within the Federal Trade Commission to help develop better children’s data privacy policies later on.

A different viewpoint came from the Software and Information Industry Association, which sent a letter to the chair and ranking member of the House Energy and Commerce Committee prior to the hearing.

SIIA said COPPA 2.0’s age verification requirement could cause operators to require all users to verify their age, not just children, which would increase privacy and cybersecurity risks due to the additional amount of information provided. The association also said banning targeted advertising via COPPA 2.0 could unintentionally lead online providers to charge for access to their services, which would “have a notable impact on the digital divide.”

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Celebrating Sara Kloek: A Leader in the AI Revolution Shaping Education

by Policy

This week, Sara Kloek, SIIA Vice President of Education and Children’s Policy, was honored as one of the Women Leading the AI Revolution in EDU at the AIR show in San Diego.

Sara played a pivotal role in launching the Education Technology Industry’s Principles For The Future Of AI In Education, and has been instrumental in paving the way for the ethical and responsible integration of AI into educational practices. The principles set forth by Sara and her colleagues not only provide guidance for industry professionals but also emphasize the importance of prioritizing students’ well-being and privacy in this digital age.

Sara is a recognized expert in children’s privacy issues and is  deeply engaged in educating both policymakers and the public about the implications of significant bills such as KOSA and COPPA. Her advocacy informs and ensures stakeholders can advocate for policies that prioritize the well-being of educators and students. You can watch her recent insights on these issues here.

“In a field often dominated by male voices, it’s crucial to spotlight and celebrate the exceptional contributions of women shaping the landscape of artificial intelligence (AI) in education. It’s extremely gratifying to see Sara’s subject matter expertise and thought leadership more widely recognized. She and the other nominees  are spearheading the AI revolution in education. Through her unwavering dedication to crafting inclusive education policies and practices, the work she is doing will create a better digital experience for future generations,” remarks Chris Mohr, SIIA President.

At the core of Sara’s endeavors lies a steadfast commitment to promoting education technology while safeguarding children’s and student data privacy. These are not mere aspirations but tangible actions with the potential to shape the educational landscape for generations to come.

Congratulations, Sara on being recognized as a trailblazer in the AI revolution in education!

See the list of other Women Leading the AI Revolution In EDU here

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SIIA’s Comments to Subcommittee Hearing on “Legislative Solutions to Protect Kids Online and Ensure Americans Data Privacy Rights”

by Policy
The following letter showcases SIIA’s support for preemptive consumer privacy legislation and provides feedback on three bills: the American Privacy Rights Act of 2024 (APRA), Children’s Online Privacy Protection Act (COPPA 2.0), and Kids Online Safety Act (KOSA). SIIA highlights the importance of comprehensive privacy laws to address accountability and transparency concerns regarding consumer data. They commend aspects of APRA while expressing concerns about its expanded definition of sensitive data, data minimization standards, private right of action, and broad AI provisions. Regarding COPPA 2.0, they appreciate its efforts but raise concerns about age verification requirements, treatment of contextual advertising, and lack of preemption. Conversely, they strongly oppose KOSA due to its potential impact on free speech and privacy. SIIA expresses readiness to collaborate for balanced federal standards protecting Americans’ privacy.
Full Letter Here
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Federal Consumer Privacy Proposals and their Impact on America’s Schools Webinar

by Policy
Congress is considering several bills intended to protect the privacy of Americans. Bills like KOSA, COPPA 2.0, and APRA all have implications for America’s schools – both K-12 and higher education. Join experts from the Center for Democracy & Technology, the Public Interest Privacy Center, and the Software & Information Industry Association to learn more about these proposals and their unintended consequences.
Watch Here
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Leaders in Congress Must Push USTR to Protect American Interests

by Policy

This week, United States Trade Representative (USTR) Ambassador Katherine Tai will appear before the Senate Finance Committee and House Ways and Means Committee for annual hearings with lawmakers to examine the Biden administration’s trade agenda. The need for these two hearings could not be more urgent. While USTR was created by Congress to advance American trade interests, under Ambassador Tai’s leadership, the agency has failed to stand up against a growing list of threats to U.S. digital trade. Unfortunately, USTR’s inaction has put American global competitiveness, innovation, and companies of all sizes at risk, and leaders in Congress should use the hearings to push Ambassador Tai to reorient USTR and return the agency to its original mission: protecting American trade interests.

Last year, Ambassador Tai withdrew her support for digital trade rules during ongoing negotiations at the World Trade Organization (WTO). Previously, these rules had bipartisan support in Congress and were seen as essential to maintain the United States’ global digital leadership. Subsequently, Ambassador Tai also suspended key digital trade negotiations as part of the Indo-Pacific Economic Framework initiative. These moves – which represented a stark reversal from long-standing bipartisan goals designed to secure free and fair digital trade policies around the globe – quickly received bipartisan criticism from leaders in Congress.

In the meantime, a growing number of foreign governments have erected digital trade barriers targeting American businesses, threatening U.S. economic interests. In March, Canada announced it would implement a digital services tax on American companies, with Canadian officials revealing that they did so because the U.S. government has “explicitly tolerated” discriminatory actions. Unfortunately, other countries, including Indonesia and Australia, are considering additional digital trade laws that would put American innovation and global competitiveness at risk.

In Europe, European Union (EU) officials have forced companies designated as “gatekeepers” under the Digital Markets Act (DMA) to comply with a new and unproven regulatory regime. The list of gatekeepers named by the EU disproportionately targets American businesses while excluding European and most other foreign-based companies, hamstringing innovative U.S.-based businesses to the benefit of their foreign competitors. And while American companies recently met with European regulators to discuss DMA compliance, EU officials announced investigations into some of those very same companies, including Google and Apple, just days after these talks concluded.

Concerningly, Ambassador Tai has failed to stand up against these discriminatory actions. Tai has signaled her support for European regulators targeting American businesses and has questioned whether the companies powering the digital economy – which accounts for more than 10% of U.S. GDP and supports the jobs of more than three million Americans – are “really American.”

Just weeks before sitting before the Senate Finance Committee and House Ways and Means Committee to answer questions about U.S. trade, Ambassador Tai minimized references to many of the digital trade barriers facing American companies in the annual National Trade Estimate (NTE) report, which Congress designed for USTR to identify trade barriers facing the United States. This latest action only signals to foreign nations that the United States is willing to tolerate discriminatory actions and invites additional digital trade barriers.

Ultimately, further inaction from USTR will hurt U.S. economic interests and innovation and encourage foreign governments to discriminate against American businesses. Leaders in Washington must use Ambassador Tai’s upcoming appearances on Capitol Hill to steer USTR back on course.