Advocates for a secure and safe online environment for kids have filed a complaint against Google with the Federal Trade Commission seeking an investigation into what they said are app recommendations for kids that don't comply with the Children's Online Privacy Protection Act (COPPA).

Google counters that it makes protection of children a priority.

The complaint was filed by the Campaign for a Commercial-Free Childhood (CCFC) and the Center for Digital Democracy (CDD), which filed a similar complaint two years ago (December 2018) that did not motivate the Donald Trump FTC to action. They are looking for a better result with the Joe Biden FTC and their message is simple: "Google is certifying as safe and appropriate for children apps that violate COPPA and put children at risk."

Also Read: Privacy Advocates Push FTC for Kids Data Collection Transparency, Oversight

They argued that given the increase in kids' screen time during the pandemic, the need for FTC action is even greater.

They conceded Google has made changes since that initial complaint was filed, but said Google had failed to address the core problems, pointing to studies that found that a "significant" number of Google Play apps collected and shared children's personal information without getting parental consent first, a big no-no in COPPA land.

They also said that websites' Sec. 230 immunity from liability over most third-party content would not shield Google from Sec. 5 liability (false and deceptive) because two prongs of the three part Sec. 230 liability shield test would not be met.

While Google may be an interactive computer service (prong one), the second prong is not met because the content at issue is statements made by Google Play in its parent guide and blog, not developed by another content provider. The third prong of the shield would also not apply, they say, because it is Google's speech being held liable, not a third party's.

"While the FTC has brought a few enforcement actions against developers of children’s apps, its whack-a-mole approach cannot fix the systemic problem that Google Play, the largest source of apps for children, misrepresents children’s apps as complying with COPPA when they do not," the complaint alleged. "Thus, it is important that the FTC conduct a thorough review of Google Play’s practices regarding children’s apps."

Also Read: Groups Seeks FTC Investigation of Child-Directed Digital Marketplace

“Parents reasonably expect that Google Play Store apps designated as ‘Teacher approved’ or appropriate for children under age 13 comply with the law protecting children’s privacy. But far too often, that is not the case," said campaign chair Angela Campbell case. "The FTC failed to act when this problem was brought to its attention over two years ago. Because children today are spending even more time using mobile apps, the FTC must hold Google accountable for violating children’s privacy.”

"The Federal Trade Commission must swiftly act to stop Google’s ongoing disregard of the privacy and well-being of children," added Jeff Chester, executive director of CDD.

“Back in 2018, I sounded the alarm and raised concerns about whether the Google Play store is failing to protecting children’s privacy," Sen. Ed Markey (D-Mass.) told Multichannel News. "I’m disturbed, but not surprised, to see new evidence that this is still a problem today."

"Children are spending an unprecedented amount of time on their devices right now, and they shouldn’t be tracked at every turn. I authored the Children’s Online Privacy Protection Act because I believe that kids are a uniquely vulnerable population online. Unfortunately, the threats to kids’ privacy and well-being on the internet have increased by orders of magnitude since that legislation was signed into law decades ago, but violators have far too often been let off the hook. That has to stop. It’s time for Big Tech to be held accountable for prioritizing profits over privacy, particularly when it comes to our children.”

“Google Play is committed to providing a positive and safe environment for children and families," the company said in a statement. "Over the last few years, we’ve taken significant steps including updating our Google Play Families and Designed for Families programs with more stringent requirements around ads, content, and personal data and introducing a Kids tab in Google Play filled with “Teacher-approved” apps to help families find quality apps and games for their kids. We will continue to make the protection of children on our platform a priority.” 

A Google spokesperson said that the company has stringent policies for developers and enforcement, as well as promoting quality content, and has made it easier for parents to supervise their children's use of Google play.

The Campaign for a Commercial-Free Childhood has taken aim at a new Mattel AI toy, Aristotle, calling it a data-collecting and marketing intruder.

The device, which is described as alternately, a smart baby monitor (it has "cry detection" technology), high-tech electronic assistant and an Amazon Echo for kids, has a camera and microphone and generated buzz when it was introduced by Mattel's nabi division at the year's CES show in Las Vegas.

Mattel says that "child development/parenting advice, learning, music entertainment, books and games content [from third parties including iHeart Radio] can be instantly accessed through the Aristotle hub and corresponding Aristotle app."

"In order to work, Aristotle collects and stores data about a child’s activity and interactions within range of the device," says CCFC. "Because Aristotle connects to other apps and online retailers, that data can be shared with those partner corporations, who in turn can use it to target the marketing of other products to a child or her family."

CCFC is hosting a petition to try to get Mattel to pull the plug on the device. Among their concerns is that the toy could interfere with the responding and bonding that are crucial to the parent/child relationship.

"Many of the country’s leading experts on child development and health concur that Mattel’s Aristotle product is a digital “Trojan Horse” that threatens their well-being," said Center for Digital Democracy Executive Director Jeff Chester. "Mattel should not be trying to creep into the room where a child sleeps in order to spy on them and generate revenues. This product should not enter the marketplace."

Mattel said on the Aristotle Web site that all the data is encrypted and that it is in compliance with the Children's Online Privacy Protection Act.

At press time, a Mattel spokesperson had not returned a request for comment on the petition.

There’s been a lot of attention and questions about consumer privacy in recent days. At Comcast, we respect and protect our customers’ personal information. Always have, always will. We do not sell our broadband customers’ individual Web browsing history. We did not do it before the FCC’s rules were adopted, and we have no plans to do so.

Comcast has committed to privacy principles that are consistent with the FTC’s privacy regime, which has applied to all entities in the Internet ecosystem for over 20 years and which continues to apply to Internet edge companies like Google, Facebook, and Amazon. We believe this commitment is legally enforceable in multiple ways, including by state attorneys general.

There has been a lot of misleading talk about how the congressional action this week to overturn the regulatory overreach of the prior FCC will now permit us to sell sensitive customer data without customers’ knowledge or consent. This is just not true. In fact, we have committed not to share our customers’ sensitive information (such as banking, children’s and health information), unless we first obtain their affirmative, opt-in consent.

Our privacy commitments to our customers go even beyond this protection of sensitive information that has dominated the dialogue this week. If a customer does not want us to use other, non-sensitive data to send them targeted ads, we offer them the ability to opt out of receiving such targeted ads.

We also continue to comply with various federal laws protecting privacy, such as the Communications Act, the Children’s Online Privacy Protection Act, and the Electronic Communications Privacy Act, as well as dozens of state privacy and data-security laws.

In view of all the misinformation and inaccurate statements that have been made in the last week, we want to make sure that our customers understand how strong our privacy protections really are. So we will revise our privacy policy to make more clear and prominent that, contrary to the many inaccurate statements and reports, we do not sell our customers’ individual Web browsing information to third parties and that we do not share sensitive information unless our customers have affirmatively opted in to allow that to occur.

Gerard Lewis is the senior vice president, deputy general counsel and chief privacy officer for Comcast.