In a warning shot across the bow to all online information gatherers, the Federal Trade Commission and Justice Department say they have struck an agreement with Fortnite creator Epic Games that will see the online gaming giant pay $520 million to settle allegations it broke the law by designing "dark patterns" that tricked game players into make millions of unintended in-game purchases like costumes and dance moves.

Associate Attorney General Vanita Gupta said the settlement should send a message to all online providers that collecting personal information from children without parental consent "will not be tolerated."

The settlement is divided into a $275 million payment to the Treasury, the largest such penalty in FTC history, and $245 million in consumer refunds for its billing practices, the biggest refund in an FTC gaming case.

The FTC alleged that Epic used "privacy-invasive default settings and deceptive interfaces that tricked Fortnite users, including teenagers and children," according to FTC chair Lina Khan.

As part of the agreement, Epic will have to employ "strong privacy default settings for children and teens," including that voice communications and texting are turned off by default, the FTC said.

The FTC said the game violated the Children's Online Privacy Protection Act (COPPA) by failing to notify parents about the data collection from their children, then requiring parents to "jump through unreasonable hoops" if they wanted that data deleted.

In a separate complaint, it said Epic used dark patterns -- including confusing button configurations, which tricked players into hundreds of millions of dollars worth of unwanted purchases -- as the game was loading or being awakened from sleep mode.

The FTC said the company had been put on notice of problems by some of the people working for it. "As early as 2017, Epic employees urged the company to change the default settings to require users to opt in for voice chat, citing concern about the impact on children in particular," the FTC said. It also said the company had ignored over a million consumer complaints as well as the repeated employee concerns.

The FTC referred the complaint to Justice (the vote was 4-0), which then proposed the settlement.

Sen. Ed Markey (D-Mass.), a member of the Commerce Committee who authored COPPA, signaled the issue went beyond Epic and put in a plug for passing his update to COPPA that would extend its protections to teens.

"Congress must meet this moment in history by stepping up and stepping in for the wellbeing of young people across America," said Markey in a statement. "Without immediate action to thwart the pernicious threats facing young people, we will fail to safeguard them in the face of a generation-defining mental health and privacy crisis. This is a bipartisan issue for American families, and I won’t stop fighting until we pass updated legislation for kids' and teens' privacy protections online."Sen. Maria Cantwell (D-Wash.), chair of the Commerce Committee, agreed.

“The FTC’s lawsuit against Epic proves we need stronger online privacy protections for children and teens," she said in response to the settlement. "Kids were bullied, harassed, and threated because Epic designed its games to let them communicate with strangers from all over the world.  It’s time for Congress to step up for kids and protect them from online harms and to make sure we have a stronger FTC to enforce against bad actors.”

Sen. Mark Warner (D-Va.) similarly promoted his legislative effort to weed out dark patterns.

“I’m glad to see the FTC cracking down on the use of manipulative dark patterns against children. Companies and platforms that cater to young people have a responsibility to protect their users — not to target them with deceptive interfaces that manipulate them into ceding their personal information or making unwanted purchases," Warner said in a statement. "I will continue working to pass my DETOUR Act in order to establish greater safeguards for users of all ages.”

Dark patterns are online interfaces designed to trick users into taking actions they might not ordinarily take. Examples include: 1) simple buttons that say "yes" to user data collection while the "no" button is tiny or hidden or several steps removed; 2) suggesting others are about to buy an item to try to close the sale; or 3) deliberately obscuring alternative choices or settings. Then there are the online game designs that lure kids into in-app purchases their parents have to either pay for or seek refunds. ■

The Federal Trade Commission has issued a staff report showing the increasing use of “dark patterns” to manipulate consumers into buying products or giving up their information, and thus their privacy, online.

The report, titled “Bringing Dark Patterns to Light,” was released at the FTC's September public meeting  — where it was approved by the commissioners 5-0 — and stems from a workshop in April 2021.

The report cited the case of smart-TV maker Vizio, which struck a multimillion-dollar agreement to settle FTC allegations that it had enabled a default setting that allowed the company to collect and share TV-viewing activity with third parties, but did so without sufficient notice to consumers, including by giving the setting the vague, pro-consumer sounding name of “Smart Interactivity.”

“While dark patterns may manipulate consumers in stealth, these practices are squarely on the FTC’s radar,” the report concluded. That includes where those practices violated the CAN-SPAM Act and Children’s Online Privacy Protection Act (COPPA).

The Network Advertising Initiative is OK with the FTC’s “goals” of cracking down on efforts “designed to trick and trap consumers, including disguised ads, difficult-to-cancel subscriptions, buried terms, and tricks to obtain data.” But it suggested the answer is self-regulation.

The NAI pointed out it has been recommending for months that its member companies follow its NAI Best Practices for User Choice and Transparency. ▪️

A new U.S. trade group has formed to champion companies that provide age verification services a digital identify market estimated to be a $1 trillion business by 2029 and one used by social media companies, video streamers and others to to keep kids away from mature content.

The Europe-based Age Verification Providers Association (AVPA) said Tuesday (April 19) that it has created a U.S. division to "raise the profile of online age assurance with state and federal lawmakers, regulators and others."

The move comes as legislators and policymakers in Washington have been pushing social media companies and other edge providers to better protect children online, which includes making it harder for them to access content not meant for them.

Also: Hill Dems Tell Netflix to Snuff out Tobacco Portrayals

That opportunity for age verification companies was not lost on AVPA, which cited a number of relevant laws, old and new, in announcing the new U.S. division.

Those included the Children's Online Privacy Protection Act (COPPA), which Congress is looking to update; the bipartisan Kids Online Safety Act, which was introduced earlier this year by Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.), and a California bill meant to protect children's online information.

“Online Age Verification is already a global industry, but most of the legislative pressure has come from Europe," said AVPA co-chair Warren Russell. "This is clearly changing, and we want to share the lessons learnt with our colleagues across the Atlantic, while also ensuring that the international standards we champion as a trade association accurately reflect the needs of the North American market.”

Also: Biden SOTU: Social Media Are Experimenting on Children for Profit

ATVA has been around since 2018. "The new association will raise the profile of online age assurance with state and federal lawmakers, regulators, leading online platforms and all those who run websites and apps which process children’s data or may include content that is inappropriate for certain younger age groups," AVPA said.

AVPA is already working with technical standards organization IEEE on new online age verification best practices and is a part of an online consent project funded by the European Commission. ■

The TickTalk 4 smart watch/phone and app are in violation of the Children’s Online Privacy Protection Act (COPPA), according to the Children’s Advertising Review Unit (CARU) of BBB National Programs. The company said it would take corrective measures.

CARU is a self-regulatory body, but if the Federal Trade Commission also concludes the company violated COPPA, it could take legal action.

Also: Sen. Ed Markey: President Biden To Promote Ban of Child-Targeted Ads

CARU said that Tick Talk Tech, which produces the watch, violated CARU's online privacy protection guidelines. Companies who stay within the guidelines are considered to be in compliance with COPPA because those guidelines are an FTC-approved safe harbor program.

But according to CARU, Tick Talk Tech's privacy policy did not provide "clear and complete, and non-confusing" on the information the device collects from children, did not display the information prominently, and did not provide "a means for verifiable parental consent" to the collection.

In addition, there was no direct notice of information collection that COPPA requires.

Also: CARU Concludes Discord is in Accord with COPPA

And if that were not enough, CARU said the company's "privacy policy, terms of service, and other online statements included inconsistent, confusing and/or contradictory statements about its collection, use, or disclosure of children’s personal information."

CARU said the company must revise the web site and app to provide clear, complete, and conspicuous information on information collection and an "unavoidable means" to obtain parental consent.

Tick Talk provided a compliance plan. ■

President Joe Biden is expected Tuesday (March 1) to call for a ban on online ads targeted to children and other measures billed as meant to better protect children online.

That‘s according to the office of Sen. Ed Markey (D-Mass.), who has been pushing for those protections, and comes on the same day the House Energy & Commerce Committee is holding its third hearing on holding Big Tech accountable, which includes consideration of a bill that would generally ban certain types of targeted online advertising.

That expectation appeared to be confirmed after the White House announced that Facebook whistleblower Frances Haugen was named as a guest in the First Lady's box for the State of the Union speech in which the President is expected to make that call out.

Also: Senators Call on FTC to Protect Kids Online

The caveat is that the president’s speech was being recrafted Tuesday to center more on Russia‘s invasion of Ukraine, according to various reports. The bulk of the speech, though, is still expected to be about “bread and butter” issues, according to CNN, including broadband issues, given the administration's push for closing the digital divide and getting the internet into every home.

According to Markey‘s office, Biden’s address is expected to include a call to Congress to “strengthen privacy protections, ban targeted advertising to children, demand technology companies stop collecting personal data on our children and stop discriminatory algorithmic decision-making for young people.”

That basically tracks with Markey’s proposed update of his Children's Online Privacy Protection Act (COPPA).

Currently, COPPA, which Markey motormanned, prohibits websites from collecting personal information from anyone 12 and under without consent. The new bill, the Children and Teens' Online Privacy Protection Act, would extend that protection to teens 13-15.

It would also create the “eraser button” that Markey has been pushing for years, requiring online companies to allow users to eliminate personal information from a child or teen.

In addition to banning advertising targeted to children (as distinguished from contextual advertising in content targeted to children), the legislative update aslo creates a “digital marketing bill of rights,” which limits the collection of personal information from teens for marketing purposes. And to make sure that the limits are respected, it creates a Youth Privacy and Marketing Division at the Federal Trade Commission.

In addition, the bill would:

1.) Change COPPA’s “actual knowledge” standard to a “constructive knowledge” standard, which means websites “should reasonably know” children are on their sites and they need to get consent to collect data.

2.) Require online companies to explain what personal information is being collected, how it is being used and to disclose their collection policies.

3.) Require that internet-connected devices for kids have robust cybersecurity.

4.) Require manufacturers of connected devices targetd to kids and minors to include on their packaging disclosures of how information is collected, transmitted, retained, used and protected. ■

In a letter to Federal Trade Commission chair Lina Khan led by Sen. Ed Markey (D-Mass.), a trio of senators called on the agency to flex its metaverse muscle to make sure children are protected from potential manipulation.

"While some platforms state their VR devices should not be used by children, many adult users have nonetheless encountered numerous children online. In fact, two-thirds of parents with VR devices report that their children asked them to buy the device," they wrote. Among the potential harms they point to are online harassment and unsafe content.

The senators said increasing use of VR and AR is cause for serious concern related to threats to younger users, including because VR platforms and headsets don't have parental controls. Not surprisingly given Washington's current focus on online platforms, they pointed the finger at Big Tech, saying FTC intervention was needed "as leading technology companies that have historically failed to protect children announce plans to expand their businesses into the 'metaverse.'"

Also: Kids Online Protection Bill Introduced

Markey was a driving force behind the V-chip parental control, a technology that was meant to give parents greater control over their kids TV viewing, though most parents likely don't know the V-chip receiver mandate exists, much less use it.

The senators said the FTC should use its authority under the Children's Online Privacy Protection Act (COPPA, which Markey spearheaded) and the FTC Act to monitor the metaverse. "The need to protect young people from threats online is more urgent than ever. As new technologies emerge, it is incumbent upon the Commission to exercise this authority to protect children," they wrote. ■

The Campaign for a Commercial-Free Childhood (CCFC) has rebranded as Fairplay, coinciding with a new campaign seeking regulations mandating an age-appropriate platform designed to better protect kids online.

Launched to battle the over-commercialization of children's media, the former CCFC has updated the name to match its evolution into a digital age defender of children on a host of tech fronts.

“In the more than 20 years we have advocated for children, childhood has been transformed by smartphones, tablets, and an overwhelming array of apps and games designed to hook kids, monopolize their attention, and mine their personal information for profit,” said Angela Campbell, professor emeritus, Georgetown Law, and chair of Fairplay's board of directors. “While our advocacy has evolved to match the digital techniques used by corporate marketers, our name hasn’t. As Fairplay, we will demand a new set of rules to protect children from the unfair and harmful manipulations of Big Tech.”

Also Read: Children's Prviacy Advocates Renew Complaint Against Google

Fairplay's new campaign, supported by a coalition of children's advocates, is looking to institute regs similar to the United Kingdom's Age Appropriate Design Code, among whose core tenets, says Fairplay, is that "the best interests of young people must be the primary consideration when designing online services likely to be accessed by children and teens, and that young people’s data should never be used in ways that is detrimental to their wellbeing."

Taking a page from that UK code, which goes into effect in September, Fairplay will focus its efforts on "advocating for regulations against manipulative platform design that puts children at risk," as well as an update to COPPA, the Children’s Online Privacy Protection Act.

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

The coalition say a U.S. version of the code can be achieved through a combination of new laws and Federal Trade Commission rulemakings. The FTC has traditionally been an enforcement agency rather than a rulemaking body, but children's advocates have long advocated for the FTC to flex more of its rulemaking muscle.

Joining in the new campaign, according to Fairplay, are the American Academy of Pediatrics, Center for Digital Democracy, Center for Humane Technology, Common Sense, ParentsTogether, RAINN (Rape Abuse and Incest National Network), and the producers of the film The Social Dilemma.

Sen. Ed Markey (D-Mass.), joined by Sen. Bill Cassidy (R-La.), has renewed his effort to extend the reach of his child online protection law to young teens.

Currently, the Children's Online Privacy Protection Act (COPPA), which Markey motormanned, prohibits websites from collecting personal information from anyone 12 and under without consent. The new bill, the Children and Teens' Online Privacy Protection Act, would extend that protection to teens 13-15.

It would also create the "eraser button" Markey has been pushing for years, which would require online companies to allow users to eliminate personal information from a child or teen.

The bill creates a "digital marketing bill of rights" as well, which limits the collection of personal information from teens for marketing purposes. And to make sure that the limits are respected, it creates a Youth Privacy and Marketing Division at the Federal Trade Commission.

Also Read: Senate Commerce Tees Up Federal Privacy Bills

But wait, there's more — a lot more — including:

1. Ban advertising targeted to kids (as distinguished from contextual advertising in content targeted to children.
2. Change COPPA's "actual knowledge" standard to a "constructive knowledge" standard, which means websites "should reasonably know" that children are on their sites and they need to get consent to collect data.
3. Requires online companies to explain what personal information is being collected, how it is being used and disclosed and their collection policies.
4. Require that internet-connected devices for kids have robust cybersecurity.
5. Require manufacturers of connected devices targetd to kids and minors to include on their packaging disclosures of how information is collected, transmitted, retained, used and protected.

Also Read: Senators Seek Major Investigation of Kids Data Collection

“The Children and Teens’ Online Privacy Protection Act rightly recognizes that the internet's prevailing business model is harmful to young people,” said Josh Golin, executive director, Campaign for Commercial-Free Children. “The bill's strict limits on how kids' data can be collected, stored, and used — and its all-out ban on targeted ads for children under 13 — would give children a chance to develop a healthy relationship with media without being ensnared by Big Tech’s surveillance and marketing apparatuses. 

"We commend Senators Markey and Cassidy for introducing this landmark legislation and urge Congress to act quickly to put children’s needs ahead of commercial interests,” Golin added.

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.

Children's privacy and welfare advocates are calling on Google to spend its planned $100 million YouTube children's content production fund on commercial-free programming and on content from diverse producers.

That is according to a copy of a letter to YouTube CEO Susan Wojciki from the Campaign for a Commercial-Free Childhood, ParentsTogether, the Center for Digital Democracy, Free Press, and the Writers Guild of America, East.

The fund is part of a settlement Google struck with the Federal Trade Commission to resolve violations of the Children's Online Privacy Protection Act (COPPA).

"This fund has the potential to stamp an imprint on children’s online content, which will have influence for years to come," they said. "We ask that YouTube adopt policies to ensure this fund will operate in the best interests of children worldwide."

They said the fund should:

1. "Reflect the perspectives and interests of children from different countries and cultures
2. "Underwrite content makers who are diverse and independent, with at least 50% of funding dedicated to historically underrepresented communities
3. "Promote educational content and content which reflects the highest values of civil society, including diversity
4. "Not support content which promotes commercialism
5. "Facilitate union representation of creators of scripted and nonfiction content for YouTube
6. "Be advised by a team of leading independent experts who can ensure programming is commissioned that truly serves the educational, civic, and developmental needs of young people."

In September 2019, YouTube agreed to pay a record $170 million to settle allegations by the FTC and the New York Attorney General's office that YouTube "illegally collected personal information from children without their parents’ consent."

"Google purposefully positioned YouTube to be the leading global platform targeting children and teens around the world," said Jeff Chester, executive director of the Center for Digital Democracy, in a statement. "The company has a special responsibility to ensure that its new fund is governed by policies that enable young people to access an array of quality content that benefits them—not Google’s bottom line."

Online video gaming platform Discord is not an online service directed to children, so it complies with the Children’s Online Privacy Protection Act (COPPA).

That is according to the Children's Advertising Review Unit of BBB National Programs, which took a closer look at the platform as part of its routine monitoring of sites with child-directed content. It also concluded the site met CARU's own guidelines for online privacy protections for the kids that do use the site.

The site has taken flak as an "unsupervised playground" where gaming mixes with a darker side.

CARU found a number of Discord channels that featured games with significant numbers of users under 13, including Fortnite, Pokémon Go, and Roblox, as well as YouTube influencers with large teen followers that encourage them to use Discord. But it also said that after assessing information provided by Discord demonstrating its intent to direct the site to adults, including the mature content on its most popular channels, the lack of ad campaigns directed to a young audience, and the fact that it is subscription based rather than on monetizing online behavioral data, CARU concluded it was not child-directed.

“Though it isn’t always the case, the outcome we hope for is proactive corporate accountability on children’s privacy, and that is exactly what Discord delivered,” said Dona Fraser, SVP of privacy initiatives and director of the Children’s Advertising Review Unit (CARU).

CARU said it was also persuaded by Discord's privacy by design measures and Discord's decision to implement an age screen and take other steps to try and keep kids off the site.

Children's privacy advocates are calling on companies looking to potentially purchase TikTok to commit to "comprehensively" improve privacy and data practices when it comes to the millions of children who use the Chinese social media video platform.

Related: TikTok Reportedly Close to $30B Sale

In letters to TikTok suitors Walmart, Microsoft and Oracle, the Campaign for a Commercial-Free Childhood (CCFC) and the Center for Digital Democracy (CDD) outline what they say is TikTok's "extensive" history of the Children's Online Privacy Protection Act (COPPA) and ask the companies, if they buy TikTok, to pledge to stop collecting and processing data from kids under 13.

Related: Senate Approves TikTok Ban Bill

"Whoever purchases TikTok will have access to a treasure trove of ill-gotten, sensitive children’s data," said Josh Golin, executive director of CCFC. "Any new owner must demonstrate their commitment to protecting young people’s privacy by immediately deleting any data that was illegally obtained from children under 13."

President Trump issued an executive order Aug. 6 that would ban the TikTok app in the U.S. unless parent ByteDance can find an American buyer, which launched the potential merger mating dance.

Related: TikTok Set to Sue Trump Administration

The Campaign for a Commercial-Free Childhood and Center for Digital Democracy were among a coalition of 20 groups that filed a complaint at the Federal Trade Commission in May against TikTok, saying it was not adhering to its February 2019 settlement with the FTC.

TikTok (formerly Musical.ly) agreed to pay $5.7 million to settle the FTC allegation that it had illegally collected personal info from kids. In addition to the settlement, TikTok "agreed to change their practices to ensure COPPA compliance," the FTC said at the time.

App developer HyperBeard has agreed to pay $150,000 and delete personal information it collected illegally for targeted advertising.

That is part of a settlement it struck with the FTC, according to the commission.

The FTC alleged that the company had violated the Children’s Online Privacy Protection Act Rule (COPPA Rule) by knowingly "allowing third-party ad networks to collect personal information in the form of persistent identifiers to track users of the company’s child-directed apps, without notifying parents or obtaining verifiable parental consent." Ad networks used the info to target the kids.

While targeted advertising is the economic model that undergirds free online content, COPPA does not allow such targeting without notice and parental approval.

Among the child-directed apps at issue were Axolochi, BunnyBuns, Chichens, Claberta, Clawbert, KleptoCats, KleptoCats 2, KleptoDogs, MonkeyNauts, and NomNoms.

“If your app or website is directed to kids, you’ve got to make sure parents are in the loop before you collect children’s personal information,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection in announcing the settlement.

HyperBeard’s CEO Alexander Kozachenko and managing director, Antonio Uribe, were also named in the complaint.

The settlement penalty was actually $4 million, but the FTC said it would accept the $150,000 since the company said it couldn't pay any more. If that was not the truth, the FTC will go after the other $3,850,000.

Dona Frasier, VP of the BBB National Programs' Children’s Advertising Review Unit (CARU), said the settlement shows that "companies [that] choose not to follow self-regulatory principles and procedures open the door to significant consequences with a regulatory agency such as the FTC."

"Certainly, when companies find themselves caught in the crosshairs of an investigation by one of BBB National Programs’ self-regulation programs, as HyperBeard did in March 2019, it is not our desire to be punitive in nature, but instead to help them align their practices with established standards for the benefit of their stakeholders," she said.

Citing all those surfing-from-home kids during the coronavirus pandemic, a markedly bipartisan group of senators often on opposite sides of communications issues has teamed up to urge the Federal Trade Commission to launch a "major" investigation of data practices in the ed tech and digital ad spaces. 

Joining in the letter were Senators Ed Markey (D-Mass.) [one of COPPA's authors), Josh Hawley (R-Mo.), Richard Blumenthal (D-Conn.), Bill Cassidy (R-La.), Dick Durbin (D-Ill.), and Marsha Blackburn (R-Tenn.).  

The FTC is already undertaking an early review of the Children's Online Privacy Protection Act (COPPA), but in a letter to FTC chairman Joseph Simons and the other commissioners, the senators said a major investigation of those two areas should be part and parcel of its consideration of possible revisions to the COPPA implementation rule. 

Related: Privacy Advocates Push FTC for Kids Data Collection Oversight 

Fearing the review might lead to weakening, rather than strengthening COPPA, they told the FTC that "in order to ensure that the COPPA Rule review benefits young users, the FTC should use its statutory power to uncover critical information about evolving and widespread threats to children’s privacy that warrant further protections," specifically the ed tech that is now becoming increasingly important in a shelter-at-home world, and that the use of data by targeted online advertising to that same stay-at-home population of young people.

Related: New Bill Would Remake Kids Internet Content 

"Congress granted the FTC the power to undertake important fact-finding efforts, and we urge you to use this tool to better understand children’s privacy issues online as an essential step in the COPPA Rule review." 

Among the the things they want the FTC to investigate: 

• "What personal data ed tech services and providers collect from children and teens; 

• "How they obtain consent for this collection;

• "How long they retain students’ data and what their process is for deleting student data;

• "Whether they offer incentives for schools to integrate their products and services into their systems, and whether they offer incentives, such as financial discounts, for adults to consent to children’s data collection;

• "How they collect and process children’s biometric information, including facial recognition data, in educational settings, including outdoor educational settings; 

• "Whether they use student data for any non-ed tech products or services, including whether they use children’s data for behavioral advertising; 

• "What steps they take to maintain the security of students’ data;

• "Whether they have suffered any data breaches involving information about children or teens; 

• "Whether parents have adequate alternatives to consent to the collection of their children’s data, and what options are provided to parents in the course of obtaining consent; and

• "How they notify parents and schools about changes to their terms of service."

A pair of powerful Democrats have drafted a bill that would change the face of children's online content/gaming industry. 

The Kids Internet Design and Safety (KIDS) Act, introduced Thursday (March 5) by Sens. Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.), would, among many other things, ban auto-play settings, push alerts and reward "badges" on websites and/or apps for kids and young teens.

It would also prohibit web sites from recommending content with host-selling and influencer marketing, including "unboxing videos" to kids and young teens, or from "exposing children and young teens to marketing with embedded interactive elements." 

Related: Senators Push for Research into Tech Impact on Kids

“Powerful companies push kids to buy products at every turn online, and top platforms are saturated with disturbing content that no kid should ever be exposed to," said Markey, co-author of the Children’s Online Privacy Protection Act (COPPA). "As a society, we’re playing catch up to the serious risks to kids online, and Congress has a responsibility to say loud and clear that Big Tech needs to get serious about the well-being of children and teens.”

“Big Tech has designed their platforms to ensnare and exploit children for more likes, more views, and more purchases,” said Blumenthal. "The KIDS Act puts guardrails in place to reign in recklessness of marketers and Big Tech – protecting children and giving parents some peace of mind.” 

“This groundbreaking bill will provide children with the 21st Century safeguards they urgently need today,” said Jeffrey Chester, executive director of the Center for Digital Democracy and one of the historically strongest voices for protecting kids online. “Children in the U.S. have been turned into digital “guinea pigs” as marketers and online platforms bombard them with commercial interactive applications designed to unfairly influence their emotions and behaviors. The 'Kids Act' will ensure that young people will be able to grow up in a world where they are no longer exposed to these unaccountable outside forces.”   

New Mexico is suing Google alleging the search giant is collecting personal information from school children under 13, which violates the Children's Online Privacy Protection Act as well as the state's Unfair Practices Act. 

That is according to the office of Attorney General Hector Balderas, which filed the lawsuit last month as well as sending a letter to Google CEO Sundar Pichai warning him about the allegedly illegal conduct. 

Related: Kids Advocates Say FCC Isn't Enforcing COPPA 

Balderas is alleging that Google uses its G Suite of education products, which it provideds free to New Mexico schools, to collect large amounts of valuable personal data on kids without their parent's consent, kids who are often required by the schools to use the Google products. 

Balderas said that data includes "geolocation information, websites visited, terms searched for on Google and YouTube, contact lists, and voice recordings..." 

Related: YouTube Paying $170M to Settle Privacy Complaint 

“Tracking student data without parental consent is not only illegal, it is dangerous; and my office will hold any company accountable who compromises the safety of New Mexican children," he says. 

In his letter to Pichai, Balderas called Google a vitally important partner in New Mexico schools, providing much-needed tech to kids who might not otherwise have it. But he said he has to put the safety of school children first. "I demand that this conduct cease immediately," he wrote.  

The lawsuit seeks a ruling that Google's conduct violates COPPA, an injunction against said conduct, and civil penalties--$5,000 per violation--damages, restitution and court costs. 

“These claims are factually wrong," said a Google spokesperson. "G Suite for Education allows schools to control account access and requires that schools obtain parental consent when necessary. We do not use personal information from users in primary and secondary schools to target ads. School districts can decide how best to use Google for Education in their classrooms and we are committed to partnering with them.”  

YouTube has officially begun implementing changes to its platform to better identify online video content targeted to kids and protect their privacy online, though that protection means severely limiting features for viewers of government-defined kids content no matter how old they are.

While YouTube says it still recommends that parents use YouTube Kids if allowing their children under 13 to use the platform (that presumes parents are overseeing that use), it said this week it will now treat personal information from anyone watching children's content on the main YouTube platform as coming from a child, regardless of their age.

That means for videos made for kids, as determined by FTC factors including "subject matter of the video, whether the video has an emphasis on kids characters, themes, toys or games, YouTube will restrict or disable features including personalized ads, comments, posts, live chat, and much more."

That is according to a blog post attributed to "The YouTube Team".

Related: YouTube Agrees to Change Kids Ad Policies

Back in September, YouTube and parent Google agreed to pay $170 million to settle allegations YouTube violated children's privacy laws, the largest-ever fine for such a violation, with the government saying that YouTube does indeed contain child-directed content.

As part of the FTC settlement, YouTube has to make sure its child-directed content is identified as such so YouTube can make sure it is compliant with the Children's Online Privacy Protection Act (COPPA). The site must also obtain "verifiable" parental consent before collecting any personal info from kids.

The FTC will conduct a "sweep" of YouTube to make sure it is identifying child-directed content, for which it will be liable.

The YouTube "team" conceded the change will have significant impacts on content creators and pledged to help them navigate the "new landscape."

“These are important changes that will help protect children from manipulative personalized marketing on the number one kids site in the world," said Josh Golin, executive director for the Campaign for a Commercial-Free Childhood, which called for the FTC to crack down on YouTube's data collection policies. "It also shows that COPPA can still be incredibly effective in protecting children’s online privacy, provided the FTC is aggressive in enforcing the law and holding the biggest violators accountable.”

"Google illegally marketed to children in violation of COPPA," said Jeff Chester of the Center for Digital Democracy, another long-time voice for children's online protection. "The company was more interested in building a global business targeting kids than protecting their privacy. The changes Google has made are long overdue but insufficient. It should assume direct responsibility force during children around the world are treated fairly and provided access to quality content."

Children's advocacy groups told the Federal Trade Commission this week that it has been failing to enforce kids online protection for years, allowing Google and others to ignore the Children's Online Privacy Protection Act (COPPA) for years.

It suggested the issue could be exacerbated by the rise of online video with a motive to get in on the children's market.

"The last seven years have also seen growth in child-directed offerings distributed by large platforms, as well as new and expanded streaming services and gaming applications. These platforms that do not appeal exclusively to children have had strong profit-driven incentives to launch products and services directed to kids," they said.

The FTC had asked for comment on whether and how it should update enforcement of its COPPA Rule, and it got an earful from the Center for Digital Democracy, Campaign for a Commercial-Free Childhood, the American Academy of Pediatrics and more than a dozen others.

Related: Senators Warn FTC About Weakening COPPA

“Children are at greater risk today of losing their digital privacy because the FTC has failed to enforce COPPA," said Jeff Chester, executive director of the Center for Digital Democracy. "For years, the Commission has allowed Google and many others to ignore the landmark bipartisan law designed to protect children under 13. It’s time for the FTC to stand up to the big data companies and put the interests of young people and families first.”

They use as an example the FTC's recent action against YouTube.

In September, Google agreed to pay $170 million to settle allegations it violated children's privacy laws, the largest-ever fine for such a violation, with the government saying that YouTube does indeed contain child-directed content.

COPPA only applies to child-directed sites and YouTube has argued that while YouTube Kids obviously is, the mother ship is not. The FTC vote was 3-2 with the Democrats saying the fine was too small.

The groups told the FTC that while they agreed YouTube was liable, the channel owners supplying child-directed content were too and should have also been sanctioned. They also suggested their had been a failure to communicate.

"The large number of comments from content creators in this proceeding suggests that many did not realize they were responsible for complying with COPPA," they pointed out. "Had the FTC acted sooner to enforce the COPPA Rule against YouTube and the creators of child content, these problems could have been minimized."

They told the FTC the first thing it needs to do is to start enforcing the rule already on the books.

"In particular, the FTC should do more to ensure that operators do not collect more information from a child than is reasonably necessary and require operators to protect the confidentiality, security, and integrity of personal information collected from children. It should also revise Rules to encourage increased enforcement by safe harbor organizations."

And when it does enforce, they said, it should speed the process and levy fines that are not just seen as the cost of doing business.

The Federal Trade Commission has given commenters a couple more days to weigh in on its enforcement of the Children’s Online Privacy Protection Act via its COPPA Rule. It had already extended the deadline from Oct. 23 to Monday (Dec. 9).

The new deadline is by 11:59 p.m. on Dec. 11. 

That is because the federal government's Regulations.gov portal is "temporarily inaccessible." 

The FTC is also allowing commenters to submit their comments by e-mail (secretary@ftc.gov). The vote to extend was 5.0.

Almost three dozen privacy and child advocates want the Federal Trade Commission to subpoena records from various companies, likely including Google, Disney, Viacom, and others, before it makes any changes to its COPPA Rule, which enforces the Child Online Privacy Protection Act.

That is according to a copy of their comments to the FTC. The FTC is currently deciding whether and how to change that enforcement in the wake of complaints about how content providers target that audience with information and/or advertising and in turn, collect data from those kids. 

Related: FTC Extends COPPA Comment Deadline 

COPPA requires operators of web sites targeted to kids or with actual knowledge that kids are using the site to obtain parental permission to collect, use or disclose personal information of anyone under 13.  

The groups are not suggesting some specific malfeasance, just saying the FTC needs to collect more information before taking action, given ongoing concerns about data collection. 

Groups calling for the subpoenas include the American Academy of Pediatrics, Consumer Reports, the Campaign for a Consumer-Free Childhood and the Center for Digital Democracy. 

"As kids are spending more time than ever on digital devices, we need the full power of the law to protect them from predatory data collection -- but we can't protect children from Big Tech business models if we don't know how those models truly work," said CCFC executive director Josh Golin. "The FTC must use its full authority to investigate opaque data and marketing practices before making any changes to COPPA. We need to know what Big Tech knows about our kids." 

The Federal Trade Commission has extended the deadline for comments on its COPPA Rule and whether it needs to update the way it enforces the Children's Online Privacy Protection Act. 

COPPA requires operators of web sites targeted to kids or with actual knowledge that kids are using the site to obtain parental permission to collect, use or disclose personal information of anyone under 13. 

That comes after members of the public asked for more time, according to the FTC. 

Related: Senators Warn Against Weakening COPPA 

One of the things it is looking at is "whether rapid changes in technology, such as the expanded use of education technology, warrant modifications to the Rule at this time." 

The initial deadline for comments on the deep dive were to be due Oct. 23, but the FTC voted 5-0 to move it to Dec. 9. 

Look for the FTC to publish an announcement of the new date in the Federal Register, along with instructions on how to file comments in the extended period. 

The FTC held a daylong workshop on the COPPA Rule Oct. 7 where it got plenty of input.

According to a new Pew Research Center analysis of every video posted to "high-subscriber" channels in the first week of this year found that children's content and content featuring children was most viewed than any other type of video, with videos about video games topping the list. 

That is according to Pew's analysis of postings on over 43,000 channels, each with at least 250,000 subs.  

RELATED: FTC Settles With Web Site Over Children's Privacy Protection

According to Pew, "videos aimed at children were highly popular, as were those that featured children under the age of 13 – regardless of their intended audience." 

Pew says only a small percentage of the videos, all English-language, posted on the channels were "explicitly intended" for children it said (based on the conclusion's of Pew's human reviewers). 

But the ones that were intended for kids "tended to be longer, received more views, and came from channels with a larger number of subscribers relative to general-audience videos." 

Related: YouTube Sports a New Look

In addition, videos that featured a child or children appearing to be younger than 13 averaged almost three times the views of other videos.  

Video game videos were the post popular on the channels Pew polled, with about 18% of English-language videos posted "related to video games or gaming." 

Pew pointed out that YouTube "explicitly states that the platform is not intended for children under the age of 13," and provides its own YouTube Kids platforms with parental controls. It also added the caveat that, since the study, "YouTube has made changes to its policies about the kinds of content that are acceptable to publish." 

The survey comes as YouTube is widely expected to be the subject of a settlement with the Federal Trade Commission over how it handles content directed to children. The company has also been the subject of complaints over the assertion that some content is not targeted to kids and is thus not subject to the Children's Online Privacy Protection Act. 

Earlier this year, FTC chair Joseph Simons told Democratic Massachusetts Sen. Ed Markey (who backed the complaints and co-authored the Children's Online Privacy Protection Act that YouTube had allegedly violated) that if YouTube were indeed saying that a toy-review video was not directed toward kids, as Markey said was the case, the FTC would have a problem with that. 

The Senate Judiciary Committee held a hearing Tuesday (July 9) on protecting kids online, and Big Tech came in for further criticism over its handling of the issue.  

Lindsey Graham (R-S.C.) said he hoped to learn a lot about the perils of social media sites and the internet in general" for children from the witnesses, a mix of academics and children's online health advocates. He also signaled there would be a follow-on hearing where Big Tech was called to account. 

Related: Hawley Bill Targets YouTube Algorithm 

Professor Angela Campbell of the Institute For Public Representation at Georgetown Law, did her best not to disappoint Graham as she outlined the perils the groups she represents has targeted. 

She has been on the front lines of child protection issues for three decades, representing the Center for Digital Democracy and the Campaign for a Commercial-Free Childhood in their efforts to protect children and their online information. 

She told the committee that problems with protecting children's privacy, preventing exposure to inappropriate content and limiting screen time on digital "vices" stem from two things: 1) The business models of the dominant tech companies, which have not been designed to protect children, but to attract users and keep them so they can monetize their data via targeted marketing; and the fact that the government does not have sufficient safeguards and has not enforced the ones it has. 

Related: POTUS Says Justice Might Have to Act Against Edge 

She called out the Federal Trade Commission for not vigorously enforcing the Children's Online Privacy Protection Act (COPPA), which she said has empowered Google, YouTube, Facebook and Amazon to "ignore existing safeguards." 

She pointed out that when COPPA was adopted there were no interconnected toys or social media sites and that COPPA is not up to the task of tackling those. She also put in a plug for upping the COPPA protections to children over 13, which COPPA co-author Ed Markey (D-Mass.) has also been pushing for. They argue teens tend to take a lot of risks.  

She also called for passage of Markey's Do Not Track Kids Act, which she said would be a good first step to updating COPPA. 

But she said in the meantime, the FTC needed to take more FTC enforcement actions. She said she herself has filed 14 COPPA-related complaints while the FTC has not acted, at least publicly, on any of them. 

Campbell said the FTC should insure that the COPPA safe harbor program is actually doing its job. She urged the FTC to use its Sec. 5 authority--over false and deceptive conduct--to go after platforms for content labeled appropriate for children that are obviously not, or when they say their platform is not appropriate for children when they know that a lot of children use their platform. 

She pointed out complaints filed against YouTube, which claims not to be for kids so does not comply with COPPA rules, and Google for labeling apps in its Google Play Store in the family section as family friendly when they did not meet Google's own standards.  

Sen. Richard Blumenthal (D-Conn.), ranking member of the committee, said it will be "nearly impossible" to protect kids online without the buy-in from the "Big Tech companies." He said parents are primarily responsible, but need a more proactive role from those companies, which he said too often have been "inadequate and abysmally slow" in responding to complaints, like the ones about YouTube promoting videos that sexualized minors.  

The New York Times reported that YouTube algorithms "funnel" videos of partially clad children to pedophiles by recommending videos with fleeting frames of partially undressed kids to those who have viewed sexually themed content or videos of young children. "The vast majority of videos featuring minors on YouTube, including those referenced in recent news reports, do not violate our policies and are innocently posted — a family creator providing educational tips, or a parent sharing a proud moment," said YouTube in a blog post responding to the Times story.  

Related: Privacy Groups Say Kids Programming Should Be Off YouTube 

Blumenthal said he was disappointed the YouTube was not taking what he said were basic steps to "fix their platform." He said their reponse had been inadequate and they had not heard the last from him on it. 

He said that Big Tech's failures were troubling, but that the government's enforcement failures were in some ways even more disturbing, and even shocking. 

He said Campbell's view reflected his own of the laxity of enforcement. "If there's no deterrence, and potential switf and sure punishment, these companies have a lot less incentive to enforce their own terms of service much less the morals and standards that the law provides." 

He said tech companies need a "national standard" of protection when children are threatened.  

Graham asked Campbell how she thought the FTC could "up their game." She said they need to enforce COPPA--she gave them a .5 on a scale of 1-10 (Graham joked that at least there was a lot of potential to get better).  

Related: Sen. Markey Says Kids Need Online Privacy Constitution 

 Graham asked whether she also thought the committee should call in the tech companies to testify. She said yes and Graham responded: "We'll do that." Blumenthal agreed Big Tech should be called to testify, adding that he thought that .5 was "generous." 

Witness Duffie Stone, incoming president of the National District Attorneys Association, added that while the dark web gets much of the attention, and rightfully so, he though the mainstream sites were in some ways equally as dangerous, citing music videos with guns and gang members as recruiting tools. He said those are being posted on YouTube. "The more mainstream internet is something we need to be more concerned about." 

Blumenthal said they should have a separate hearing with the FTC, and Graham agreed. 

Privacy groups are warning the Federal Trade Commission about not taking the right steps to rein in YouTube if it finds reason to strike a consent decree with the site over its handling of children's personal info.

In a letter to the FTC, the Campaign for a Commercial-Free Childhood (CCFC) and the Center for Digital Democracy (CDD), which complained about children's content on the social media video site, said that any remedies of the alleged violation of the Children's Online Privacy Protection Act (COPPA) should not include leaving children's content on the site by " shift[ing] the burden of responsibility to content creators to opt out of 'interest-based' advertising."

It is a follow-up to a letter last month on the same issue.

"It is crucial that any proposed consent decree with YouTube or Google require the structural separation of the child-directed channels and videos, substantial civil penalties, and other relief requested in our letter of June 25, 2019," CFCC and CDD wrote in their follow up letter.

They told the FTC in the most recent letter that COPPA anticipates that more than one party can be liable for collecting personal information from a child in violation of COPPA, and YouTube and parent Google fit the bill. 

"As we explained in our request to investigate, Google and YouTube are operators in at least two different senses. First, YouTube operates a website, youtube.com, a significant portion of which is directed at children....Second, Google operates the Google Marketing Platform (GMP), which...incorporates both the DoubleClick advertiser products and the Google Analytics 360 Suite. DoubleClick and other Google ad networks place trackers on child-directed channels on YouTube..."

Related: Sen Markey Says Kids Need Online Privacy Constitution

The FTC has not confirmed reports it is investigating YouTube, but CCFC and CDD filled a formal complaint against the site in April 2018, seeking potentially tens of billions of dollars in fines for what they said has been the company’s collection and sharing of children’s information.

FTC chair Joseph Simons told Sen. Ed Markey (D-Mass.), who backed the complaint and co-authored COPPA,  that if YouTube were indeed saying that a toy-review video was not directed toward kids, as Markey said was the case, the FTC would have a problem with that. But he would not comment on any possible investigation of the company over such issues. Markey then wrote the FTC with his own wish list of possible remedies. 

To which the privacy groups have added.

Privacy groups have filed a complaint at the Federal Trade Commission against Amazon's Echo Dot Kids Edition alleging its collection and storage of information violates COPPA (the Children’s Online Privacy Protection Act) in at least a couple of ways. 

That is according to a copy of the complaint obtained by Multichannel News. 

The complaint, being filed Thursday (May 9) by the Center for Digital Democracy and the Campaign for a Commercial-Free Childhood (the groups say others will be joining the complaint) comes as the FTC is under pressure to better protect consumers from online data misuse and abuse. 

The groups want the FTC to investigate that allegation and take any necessary action to ensure compliance. 

Told of the planned complaint an Amazon spokesperson said: “FreeTime on Alexa and Echo Dot Kids Edition are compliant with the Children’s Online Privacy Protection Act (COPPA). Customers can find more information on Alexa and overall privacy practices here."

Related: FTC's Simons Says We Are Cop on Privacy Beat 

The Center and CCFC say they have tested the device and found that it retains children's data even after parents believe it has been deleted, that Amazon ignores those requests to delete info or "forget" a child's information, which violates COPPA, they say. In addition, they argue that Amazon's "maze" of multiple privacy policies are confusing and even contradictory, and thus misleading, and thus another COPPA violation. 

The complaint paints a rather frightening picture of the potential privacy implications as children "grow up with the devices. They argue that children could start sharing information with Alexa as they would with a friend, including if they are sad or being bullied at school, information Amazon will record, transcribe, and store in The Cloud "forever."  

“It’s shameful that Amazon is ensnaring children and their valuable data in its race to market dominance,” said Jeff Chester of CDD. "COPPA was enacted to empower parents to have control over their children’s data, but at every turn Echo Dot Kids thwarts parents who want to limit what Amazon knows about their child. The FTC must hold Amazon accountable to make clear that voice-activated, always-on devices must respect children’s privacy." 

The groups say Amazon's "always on" candy-colored listening device is often placed in a child's bedroom, where it encourages kids to interact with it/her (Alexa) as though with a friend and download "skills," which is where the misleading privacy policy allegation comes in. "In clear violation of COPPA, Amazon disavows responsibility for the data collection practices of Alexa skills for kids and tells parents to check the skill developers’ privacy policies. To make matters worse, 85% of skills for kids have no privacy policy posted," they say. 

According to a source familiar with the company's thinking, Amazon asserts that the "skills" do not access or collect personal info, that parents can delete voice recordings in the Alexa app or on the website, that parents have to give their consent before services like FreeTime can be used, and that there are multiple entry points for viewing its privacy policy, including during Echo Dot Kids set-up.

Amazon provided some of that context publicly in a blog post.

Some of the groups were not fans of the device out of the box, having warned parents not to buy it not long after it was introduced last spring. 

They argued then, as now, that it poses "significant threats to a child's wellbeing and privacy." 

Sen. Ed Markey (D-Mass.) and Rep. Joe Barton (R-Tex.), who co-founded the Congressional Privacy Caucus, also pressed Amazon CEO Jeff Bezos at the time for some answers on how the device worked and what steps the company has taken to comply with Children’s Online Privacy and Protection Act privacy protections (a bill Markey motormanned). 

Related: Privacy Groups Push FTC Action on Kid-Connected Devices 

Edge providers are increasingly under the microscope in Washington as their market cap and power have exploded and concerns about how they are using it when it comes to privacy and security and targeted marketing have come to the fore. 

Just this week, FTC Chairman Joseph Simons said that the FTC's high tech task force could go after digital platforms for how they did, or did not, protect online privacy. 

A coalition of groups have filed a complaint against Facebook with the FTC over what it says is the company's collection of children's personal information without obtaining the requisite parental permission.

The complaint is leveled against the Messenger Kids app, a social media platform for children as young as five.

The app does have a parental consent mechanism, but the groups say it does not meet the requirements of the Children's Online Privacy Protection Act (COPPA) because it is not "reasonably Calculated" to make sure the permission giving permission is actually the parent.

Related: Senators Grill Facebook's Zuckerberg on New Messenger Kids App

They say they tested the app and any "fictional" parent can set up the app and immediately approve a child's account without proof of identity.

They also say the the privacy policy is "incomplete and vague."

The complaint was spearheaded by the Campaign for a Commercial-Free Childhood (CCFC) and drawn up by the Communications & Technology Law Clinic at the Institute for Public Representation at Georgetown University Law Center.

CCFC earlier this year asked Facebook CEO Mark Zuckerberg to pull the plug on the app.

“While evidence shows that excessive social media use negatively impacts the wellbeing of children and teens, Facebook is trying to get kids hooked at the tender age of five,” said CCFC executive director Josh Golin in a statement.

Other signatories to the complaint included the Consumer Federation of America and the Parents Television Council.

Related: Markey Pans Facebook Answers on COPPA and Kids

The complaint is just the latest volley at the social media giant, which has had a rough time in Washington over the Cambridge Analytica third-party info sharing debacle and social media's role in Russian election meddling and alleged bias against conservative speech.

Facebook's release of the app last fall drew immediate scrutiny on the Hill

Sens. Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.) sent a letter to company CEO Mark Zuckerberg Dec. 7 saying they were "concerned about where sensitive information collected through this app could end up and for what purpose it could be used,” the Senators told Zuckerberg in a letter. “Facebook must take heightened care in ensuring the company creates a safe and controlled environment for its young users, complete with parental consent.”

Facebook has said it talked to parents, the PTA and parenting experts before giving kids something to make it easier to connect, but with parental control.

The tablet and smartphone app allows parents to set up one-one-one or group video chats with contacts they approve of and includes a library of" kid-appropriate and specially chosen GIFs, frames, stickers, masks and drawing tools."

But the senators, both members of the Commerce Committee, which oversees communications issues, wanted to make sure that the app complies with COPPA, which Markey helped draft.

CCFC and the others say it doesn't.

Child advocacy and privacy groups are calling on the Federal Trade Commission to investigate several smartwatch brands and the risks they pose to children, part of a global effort, they said. They also want them pulled from store shelves.

The groups, which include Consumers Union, Public Citizen and the Center for Digital Democracy, said in a filing with the FTC that the watches, essentially wearable smartphones, have "significant" security flaws and lack privacy protections.

Privacy groups are filing similar complaints in Belgium, Denmark, the Netherlands, Sweden, Germany and the UK.

The research that led to the filings was conducted by the Norwegian Consumer Council, the same group whose investigation prompted a complaint against the Cayla "smart" doll over similar data security concerns.

Related Video: #WatchOut (by the Norwegian Consumer Council)

While the watches are meant to allow parents to keep up with their children, the groups said research has shown that a stranger can "take control of the watch with a few simple steps, allowing them to eavesdrop on conversations the child is having with others, track and communicate with the child, and access stored data about the child’s location."

The groups argued that violates both Sec. 5 prohibitions on false and deceptive practices and the Children's Online Privacy Protection Act.

"The devices create a new vulnerability that allows a third party to find a young child at precisely the time when the child is separated from a parent or guardian," they said.

Related: Markey, Barton Press Mattel on Baby Monitor Privacy

"The Trump Administration and the Congress must bring America’s consumer product safety rules into the 21st century,” said Jeff Chester of the Center for Digital Democracy. “In the rush to make money off of kids’ connected digital devices, manufacturers and retailers are failing to ensure these products are truly safe. In today’s connected world that means protecting the privacy and security of the consumer — especially of children.

"Both the FTC and the CPSC [Consumer Product Safety Commission] must be given the power to regulate the rapidly growing Internet of Things marketplace,” he added. "These devices are supposed to give parents peace of mind and enable secure communications. But some can be hacked; they don’t use encryption, and the 'SOS' function may not work."

Chester was one of the earliest and strongest voices for more child privacy and data protections given the potential of online platforms, and now the growing internet of things, to collect and share information.

The groups gave the FTC credit for having extended privacy protections to children and recognizing the risks of interconnected devices, but said the FTC in the past has also failed to take enforcement action on previous complaints about child safety.

They cited, for example, a 2010 agreement between New York state and a company that stopped selling kids' online conversations to marketers, a complaint consumer groups also lodged with the FTC, which took no action.