Thread by @NexusOfPrivacy

Good morning! Starting at 7 am (Pacific time), it's the @SenateCommerce_ markup on bipartisan children's privacy legislation! You can watch the livestream at commerce.senate.gov/2022/7/executi…

There are two bills on the agenda today.

S. 1628, Children and Teens’ Online Privacy Protection Act (CTOPPA, sometimes called COPPA 2.0 because it updates the Childs Online Privacy Protection Act, COPPA), is sponsored by @SenMarkey and @SenBillCassidy

markey.senate.gov/news/press-rel…

And S. 3663, Kids Online Safety Act (KOSA) is sponsored by @SenBlumenthal and Senator Blackburn (@VoteMartha)

blumenthal.senate.gov/newsroom/press…

@rebeccaklar_ has an overview on the Hill, describing how the bills complement each other

"While Markey’s COPPA update largely tackles issues related to data collection, KOSA aims to address the design of platforms and how they operate for young users."

thehill.com/policy/3573852…

@wendyndavis, writing on @MediaPost, highlights a letter 90+ organizations, led by @fairplayforkids, sentt the committee in support of both bills.

mediapost.com/publications/a…

@fairplayforkids recently released a report on design discrimination on social media platforms. @riptari's coverage quotes a spokeswoman for Fairplay:
“In terms of a one line summary, it’s that regulation works and tech companies don’t act without it.”

techcrunch.com/2022/07/11/tik…

But there's also opposition to KOSA. @EFF says describes it as a "Heavy-Handed Plan to Force Platforms to Spy on Young People"

eff.org/deeplinks/2022…

and @evan_greer of @fightfortheftr minces no words about its impact, especially on LGBTQ+ youth.

https://twitter.com/evan_greer/status/1549920556862111745

What's *not* on the agenda: a consumer privacy bill. Our newsletter yesterday discussed ADPPA, currently making its way through the House.

privacy.thenexus.today/what-about-the…

Senate Commerce Chair @MariaCantwell, who's working on her own consumer privacy bill COPRA, had some sharp criticism of ADPPA in Monday's story by @orionds in the @SpokesmanReview

spokesman.com/stories/2022/j…

And they're off! Here's the link again for the Senate Commerce markup on children's privacy legislation.

commerce.senate.gov/2022/7/executi…

After Cantwell's opening remarks Senate Commerce Ranking Member @SenatorWicker starts it off by talking about ADPPA, on which he's a cosponsor. He won't support the bills because they're not ADPPA

@jduballreports is livetweeting at

https://mobile.twitter.com/jduballreports/status/1552295641648447489

And @cobun (also of @privacypros) is livetweeting as well.

https://twitter.com/cobun/status/1552297442175029248

and @rebeccamkern of @politico

https://mobile.twitter.com/rebeccamkern/status/1552296655713615874

Sen. Blumenthal thanks the committee, and the numerous cosponsors.

@SenJohnThune talks about a bipartisan amendment incoporating the Filter Bubble Transparency Act that he filed with cosponsors including Klobuchar and Warner, although it won't get voted on today

Blackburn thanks members for improving the bill. "One of the things we've learned from parents is that they want a toolkit to protect their children online." The enemy isn't only outside the home, it's often within the four walls -- on their children's devices.

Blackburn: "I don't think we've ever had legislation that has so much support." Begins to bring transparency, put in place tools necessary for accountability so that parent can protect their children.

@SenAmyKlobuchar like other talks about Frances Haugen at the hearing.

@SenatorFischer notes that KOSA incorporates the DETOUR act she cosponsored with @SenJohnWarner

And a roll-call vote ... 28-0.

Followed by a voice vote. KOSA is favorably reported!

As @cobun notes, the version of KOSA they advanced isn't even public.

https://twitter.com/cobun/status/1552300788088819712

Now Blackburn talks about CTOPPA (I think). She's pleased they took an amendment related to GAO, but is concerned that the bill gives the FTC too much leeway. "They need to stay in their lane."

@SenMarkey thanks other Senators for work. "We know we have a crisis in this country. Children's mental health problems are at a historic high. We need to do something."

Notes endorsers include @AmerAcadPeds, discusses eating disorders in teen girls, notes that algorithms amplify content that harms young people. "This bill sends a big message to big tech: enough is enough, stop targeting our children"

@SenMikeLee talks about an investigation his staff did with undercover social media accounts. Unfortunately, wasn't able to support CTOPPA today. Some good reforms, e.g. applying COPPA protections to apps.

But Lee's also concerned about substantial delegation of authority to FTC. "Members of this committee must have a better say in definition of the terms." Wants to keep working on it, can't support today.

Lee talks about ongoing work on KOSA, including knowledge standard -- when do platforms and apps know somebody is a minor?

Ooops. I had an error in my previous tweet. CTOPPA has also been reported out, on a voice vote that was apparently mostly party-line.

https://mobile.twitter.com/jduballreports/status/1552302217767550987

Blumenthal cites Haugen yet again, thanking staff. Complements Markey on his doggedly persistent work on this issue -- deservedly so, @SenMarkey's a longstanding privacy advocate!

Markey returns the thanks, talks about the importance of Haugen. "That hearing was historic. It changed everything." Wants to continue to improve CTOPPA.

And that's it! Meeting adjourned!

Oops, looks like that tweet was deleted. Here's the revised tweet.

https://twitter.com/cobun/status/1552304103136677889

I wonder if any of these bills can slip in a clause requiring an edit button on Twitter?

I should have said, both KOSA and CTOPPA are favorably reported -- the roll-call vote was on KOSA, the voice vote was on CTOPPA.

@EPICprivacy supports KOSA and CTOPPA, but has also sent a letter to Senate Commerce asking them to markup ADPPA.

Along with industry-funded @futureofprivacy, EPIC is one of ADPPA's biggest supporters in the privacy community.

epic.org/epic-urges-sen…