Children’s privacy rights – looking at it through four legal lenses – content kids are exposed to, conduct as it relates to kids, the context in which kids interact and the contact kids have with one another
This conversation starts with snoopy sunglasses. In 1983, the photo of me on the training potty reading my richard scarry book wearing snoopy sunglasses founds it public display in a photo album that never left the house
In 2013, kids and their parents are actively online sharing information and interacting with the larger world on a day-to-day basis.
So, I come back to being this little girl and as I and the other kids that came after me were aimed to be protected through regulation. So, her assumption is that the law protects kids like her.
But then there is a juxtaposition of what some kids parents are doing today. Dichotomy of regulatory regimes like COPPA protecting kids data juxtaposed with parents sharing ever moment of their kids lives. Key question: a complicated conversation about privacy and safety.
Law was first aimed at the content that was out there that kids were exposed to, like pornography.
Porn. We didn’t want people exposed to bad content. Content that adversely affected them.
This hit some constitutional snags. Tension between speech and protection and safety.
Next, was the conduct focused at children, engaging with kids online. Trying to provide engagement online for them.
So, this who we are trying to protect – COPPA’s covert war on app developers
But the reason we have that legislative regime is to avoid this – getting data from kids without them or their parents knowing just seems bad. Content and safety. Conduct and safety online. Protecting kids from data exposure since, arguably, they are not in a position to meaningfully consent.
Now, we are moving to be concerned with kid’s understanding the context they are operating in. Kids know the tools but they don’t know the rules or social norms.