program areas Digital Youth
Program Areas
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News
Child and Consumer Advocates Urge Federal Trade Commission to Investigate and Bring Action Against Google for Excessive and Deceptive Advertising Directed at Children
So-called “Family-Friendly” YouTube Kids App Combines Commercials and Videos, Violating Long-Standing Safeguards for Protecting Children
Washington, DC – Tuesday, April 7 – A coalition of prominent children’s and consumer advocacy groups filed a complaint with the Federal Trade Commission (FTC) today requesting an investigation of Google, charging the company with unfair and deceptive practices in connection with its new YouTube Kids app. The complaint (link is external) details a number of the app’s features that take advantage of children’s developmental vulnerabilities and violate long-standing media and advertising safeguards that protect children viewing television. Among the specific practices identified in the complaint are:Intermixing advertising and programming in ways that deceive young children, who, unlike adults, lack the cognitive ability to distinguish between the two;Featuring numerous “branded channels” for McDonald’s, Barbie, Fisher-Price, and other companies, which are little more than program-length commercials;Distributing so-called “user-generated” segments that feature toys, candy, and other products without disclosing the business relationships that many of the producers of these videos have with the manufacturers of the products, a likely violation of the FTC’s Endorsement Guidelines.When it launched the YouTube Kids app in February, Google described it as “the first Google product built from the ground up with little ones in mind.” As the complaint points out, however, the company appears to have ignored not only the scientific research on children’s developmental limitations, but also the well-established system of advertising safeguards that has been in place on both broadcast and cable television for decades. Those important policies include (1) a prohibition against the host of a children’s program from delivering commercial messages; (2) strict time limits on the amount of advertising any children’s program can include; (3) the prohibition of program-length commercials; and (4) the banning of “product placements” or “embedded advertisements.” Such “blending of children’s programming content with advertising material on television,” the group’s complaint declares, “has long been prohibited because it is unfair and deceptive to children. The fact that children are viewing the videos on a tablet or smart phone screen instead of on a television screen does not make it any less unfair and deceptive.” The complaint also charges that Google is violating its own advertising policies for YouTube Kids. For example, while the company promises that food and beverage ads will not appear on the app, advertising and promotions for junk food are prominently featured throughout. “YouTube Kids is the most hyper-commercialized media environment for children I have ever seen,” commented Dale Kunkel, Professor of Communication, University of Arizona. “Many of these advertising tactics are considered illegal on television, and it's sad to see Google trying to get away with using them in digital media.” “There is nothing 'child friendly' about an app that obliterates long-standing principles designed to protect kids from commercialism,” added Josh Golin, Associate Director of Campaign for a Commercial-Free Childhood. “YouTube Kids exploits children’s developmental vulnerabilities by delivering a steady stream of advertising that masquerades as programming. Furthermore, YouTube Kids' advertising policy is incredibly deceptive. To cite just one example, Google claims it doesn't accept food and beverage ads but McDonald's actually has its own channel and the 'content' includes actual Happy Meal commercials.” Angela J. Campbell of the Institute for Public Representation at Georgetown Law, who serves as counsel to the coalition, called on the FTC to "investigate whether Disney and other marketers are providing secret financial incentives for the creation of videos showing off their products. The FTC’s Endorsement Guides require disclosure of any such relationships so that consumers will not be misled." “In today’s digital era, children deserve effective safeguards that will protect them regardless of the ‘screen’ they use,” explained Jeff Chester, Executive Director of the Center for Digital Democracy. “In addition to ensuring that Google stops its illegal and irresponsible behavior to children on YouTube Kids, new policies will be required to address the growing arsenal of powerful digital marketing and targeting practices that are shaping contemporary children’s media culture – on mobile phones, social media, gaming devices, and online video platforms.” Organizations signing the complaint include: the Center for Digital Democracy, Campaign for a Commercial-Free Childhood, American Academy of Child and Adolescent Psychiatry, Center for Science in the Public Interest, Children Now, Consumer Federation of America, Consumer Watchdog, Consumers Union, Corporate Accountability International, and Public Citizen -
News
Consumer, Privacy, Child Health Groups Challenge Federal Trade Commission’s Proposed Settlement with TRUSTe
Consumer, Children’s, and Privacy Groups Challenge Federal Trade Commission’s Proposed Settlement with TRUSTe (True Ultimate Standards Everywhere, Inc.) As Too Lenient Stronger Sanctions Needed for TRUSTe’s Violation of the Public Trust Consumers—Especially Parents—Materially Harmed by Years of Deception Washington, DC: The Center for Digital Democracy (CDD), through its counsel the Institute for Public Representation and on behalf of the American Academy of Child and Adolescent Psychiatry, Campaign for Commercial Free Childhood, Consumer Action, Consumer Federation of America, Consumer Watchdog, and The Rudd Center for Food Policy and Obesity, filed comments today at the Federal Trade Commission (FTC) in response to that agency’s proposed Agreement and Consent Order with True Ultimate Standards Everywhere, Inc. (“TRUSTe”). In November, after conducting an investigation, the FTC filed a complaint against TRUSTe, a company that has been issuing various “privacy seals” since 1997. The display of such seals indicate that a website has been reviewed annually by TRUSTe to ensure it is compliance with TRUSTe’s program requirements designed to protect consumer privacy. In fact, according to the FTC TRUSTe deceived consumers in two important respects. First, TRUSTe failed in over one thousand instances between 2006 and 2013 to conduct the annual re-certifications that it told consumers and the FTC it was conducting. Second, the company failed to require the companies using its privacy seals to change references to TRUSTe’s nonprofit status after it became a for-profit operation in 2008. As CDD’s filing makes clear, these violations are especially significant coming from a company that is entrusted with verifying the self-regulatory privacy-protection efforts of thousands of companies—including some of the biggest in the world—and covering such important areas of concern as the Children’s Online Privacy Protection Act (COPPA) and the EU-US Safe Harbor framework for transatlantic data transfers. Thus while the filing applauds the FTC’s enforcement action against TRUSTe, it finds the proposed sanctions—a $200,000 fine and additional recordkeeping and reporting requirements concerning the COPPA safe harbor program—to be far too lenient. “Safe harbors such as TRUSTe,” the filing points out, “play a pivotal role protecting children’s privacy by prohibiting the collection, use or disclosure of personal information without meaningful notice to parents and advance, verifiable parental consent, limiting the amount of data collected from children and protecting the security of data that is collected.” Unfortunately, because the FTC neither revealed the websites and services that were not properly re-certified, nor estimated the number of consumers who were affected by these violations, consumers—including parents concerned for their children’s privacy—are left wondering just how much meaningful privacy protection they have online. In addition to calling for a significant increase in the size of TRUSTe’s payment (citing individual companies that have paid as much as $1 million for their COPPA violations in the past), CDD’s filing called for all COPPA safe harbor reports (including those filed by TRUSTe) be made available to the public on the FTC’s website in a timely manner. Angela Campbell, co-director of the Institute for Public Representation, emphasized that “Parents rely on seal programs such as TRUSTe when deciding whether a particular website is appropriate for their children. Misrepresentations such as these have the potential to put millions of children at risk across potentially hundreds or thousands of child-directed websites. The FTC must do more to restore public trust in the COPPA safe harbor programs.” “The commission needs to stand up for children and their parents,” explained Jeff Chester, executive director of CDD. “If the FTC had adequately engaged in oversight of these programs, such problems would have been identified earlier,” he noted. “Those companies such as TRUSTe that have pledged to truly protect the privacy of American children should be required to make public how they actually determine whether online companies targeting kids engage in fair and responsible practices.” A copy of CDD’s FTC filing is available at www.democraticmedia.org. --30-- -
Blog
CDD files Appeal to make public NIST grant to Privo
Disclosure required on kids privacy issue involving Privo's partnership with a toy company and Verizon
The Children's Online Privacy Protection Act (COPPA), a federal law my NGO led the campaign for back in the mid-1990's, was designed to ensure that parents (or the responsible adult) be able to make meaningful decisions about commercial data collected from a child (thru age 12). It's based on a concept requiring serious (read honest) and full disclosure of data collection and use practices, with prior affirmative consent (informed opt-in) before any collection occurs. Given the powerful array (link is external)of digital marketing techniques focused on collecting our information, and the need to ensure that parents have federal safeguards for the children's privacy, COPPA means that online marketing companies and their partners need to act in a highly responsbile, transparent and truly privacy appropriate manner.We are concerned that some in the online marketing industry want to create an easy "one-stop shopping" process that encourages parents to approve data collection for their child. Kids are a very lucrative market, spending (link is external)and influencing many billions a year. Some companies view COPPA as an obstacle to their plans to generate profits by online marketing to kids. Despite claims of respecting privacy (and which can also be viewed by examining the commercial market targeting adolescents), the default most marketers have adopted is full non-stop personalized data collection and real-time targeting. But COPPA makes such practices, commonplace in the digital ad industry, much harder to do. In part, it's because under the law they have to actually explain first what they intend to do and get permission. That approach is anathema to most in the online marketing business.When we learned that the National Institute for Standards and Technology (NIST, a division of the Department of Commerce) gave a federal $1.6 million grant (link is external)to Privo (link is external)designed to create a "parent consent at Internet scale" system for COPPA we were concerned. Privo's partners in its grant include "one of the world's largest toy companies" as well as Verizon (link is external). CDD, through our attorneys at the Institute for Public Representation, Georgetown Law Center, filed a FOIA request. The public needs to know how Privo's (link is external) system will operate; whether it's really designed to help parents make meaningful decisions; what role does the major toy company and Verizon (which has expanded (link is external) its own data targeting apparatus) play.NIST redacted nearly all of the Privo related documents, failing to provide the public the information and accountability necessary (especially when it's about the privacy of children). Today, we filed an Appeal and intend to pursue our legal options. (See attachment below.) More details coming. -
Youth of color are a key focus for digital marketers, especially for fast-foods and beverages linked to the youth obesity epidemic. The digital targeting of African American and Hispanic youth is growing, and uses a full array of sophisticated mobile, geo-location, social media and other cutting-edge marketing strategies. Food and beverage marketers should adopt practices that stop unfair and irresponsible digital marketing practices. The FTC and State AG's should call for safeguards.Here's the latest CDD Infographic that addresses African American youth.
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In our research we've noticed that some groups get more attention than others when it comes to digital marketing. See our infographic below highlighting some of our concerns about "Junk Food Marketing to Hispanic Youth"Release Date: May 16, 2014
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Center for Digital Democracy Leads Coalition of Children’s, Health, and Consumer Advocates in Challenging District Court Decision Friend-of-the-Court Brief Urges Stronger Privacy Protections for Teen Facebook UsersWashington, DC: The Center for Digital Democracy, joined by a coalition of public health, children’s advocacy, and media justice groups, today filed an amicus curiae (“friend of the court”) brief in a case concerning teen privacy online. In Fraley v. Facebook, the social networking company was sued for violating the privacy of users of all ages, and the company settled with class-action attorneys before going to litigation. Facebook’s proposed settlement, which was eventually approved by the U.S. District Court, does not protect teen users from appearing in sponsored advertisements on Facebook, even though seven states forbid this kind of appropriation without parental consent. Although numerous parties have objected to the settlement, CDD’s brief specifically supports the objection of six families represented by Public Citizen, a leading consumer protection organization.CDD’s brief covers the many strong policy arguments in favor of having enhanced privacy protections online for teens. The settlement, and Facebook’s current policy, does nothing to account for teen development, or for the differences in how teens use and understand social media. The broad coalition of groups joining in the brief shows what an important case this is for the work of public health, digital-consumer rights, and childhood-obesity experts. Joining the brief are the American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, Berkeley Media Studies Group, Center for Global Policy Solutions, Center for Science in the Public Interest, Children Now, Consumer Watchdog, First Star, Media Alliance, Media Literacy Project, Pediatrics Now, Public Health Advocacy Institute, Praxis Project, and Yale Rudd Center for Food Policy and Obesity.The proposed settlement was deemed so inimical to the privacy rights of teens that another nonprofit organization, Campaign for a Commercial-Free Childhood, rejected nearly $300,000 in compensation in order to come out against it and to support Public Citizen’s objection. “All of our organizations hope that the Ninth Circuit will see through a deal that was bad for teens and that tramples states’ legal protections of minors. The court has a great opportunity to respect states’ laws and the parents’ role simply by throwing the settlement out,” said Hudson Kingston, CDD’s legal director.A copy of the coalition’s brief is attached. See too the Appeal by our friends at the Children's Advovacy Institute.
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The Center for Digital Democracy (CDD) closely analyzes Facebook’s privacy and marketing policies. In partnership with other child advocacy, health and consumer organizations, we are in an on-going discussion about Facebook's data collection and marketing policies and its impact on children and teens. As part of our public outreach work, CDD is releasing “5 Reasons Why Facebook is Not Suitable for Children Under 13." The guide lays out some of the key problematic business and marketing practices that makes Facebook own data-driven marketing practices of concern for children. For example, it discusses how Facebook's marketing practices take advantage of children's cognitive, social and developmental vulnerabilities.CDD and our partners plan to expand the public conversation on children and Facebook to include issues related to the platform's extensive data collection, profiling and marketing practices. These issues compound existing concerns about children's risks involving cyberbullying, harmful content, or the activities of predators while on Facebook.The guide can be found below:
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News
Protecting Children's Online Privacy: A Parent's Guide to the new stronger kids privacy rules for digital media(COPPA)
The new FTC rules designed to better protect children's privacy kick-in on July 1, 2013. CDD and colleagues led a four-year campaign to help create these safeguards. The new rules better protect kids from stealth online tracking, the collection of their geo-location information by apps and mobile devices, data gathered by social media, etc. Here's a guide for parents to help them understand how to make COPPA work for them. Groups interested in learning how they can monitor online sites to ensure they are following the new safeguards, as well as file complaints with the FTC, can email us for a free COPPA compliance guide. -
In a 4-0 decision, the FTC agreed with CDD and a coalition of consumer, public health, and child advocay groups to reject calls from the online marketing lobby to delay the implementation of the new COPPA rules. The decision can be read here. (link is external)Our coalition's oppostion to the industry request played an important role in the commission's decision. It can be reviewed here. (link is external)The commission's action sent an important message that protecting the privacy of children and empowering parents/caregivers is a core value which must be respected.
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Blog
CDD Presentation at World Health Org on Digital Alcohol Marketing
We will present this Wed. at the WHO's Global Alcohol Policy conference. Our presentation is: The Digital Marketing of Alcoholic Beverages to Youth: How Social Media, Mobile Devices, Personalized Data Collection and Neuromarketing have transformed the global advertising landscape.
Here's the abstract.Powerful new digital marketing techniques permit beer and alcohol companies to deeply penetrate into the hearts and minds of consumers, and their social networks of friends. The growing sophistication and capabilities of online marketing, increasingly integrated into the lifestyles of youthful and Internet connected consumers throughout the world, pose potential public health concerns—as well as opportunities. Marketing today has been transformed from the viewing of a single advert on television or in print, into experiencing interactive and highly personalized content that influences what we consume and purchase. Alcoholic beverage companies are winning global awards for their campaigns, including those launched in the Asia Pacific, EU, North and South America markets.Today, a single user can be stealthily tracked and profiled throughout their “online journey”—including their visits to many websites and they actions they take--as their information is collected and analyzed. Then so-called online “behavioral” advertising takes this profile data to target an individual user more precisely.. Mobile phone and location marketing permit marketers to “geo-target” users in specific geographic areas and at defined times. Digital advertising can operate across so-called multiple platforms—following a single consumer whether they are in front of the personal computer, using a mobile device, or even soon while watching television. Super-fast computers are able to identify a single individual who might be a suitable target for an online alcohol ad—and sell them in real-time to the highest bidder.Facebook and other social media enable marketers to go beyond the targeting of individuals to also influence and “activate” ones network of friends. The goal for much of social media marketing is to encourage consumers to do the marketing for the brand, through new forms of viral and other “peer-to-peer” endorsements. Millions of Facebook members are now regularly reached by alcoholic beverage companies.Online marketers are increasingly relying on the use of “neuromarketing” to create ads and other content expressly designed to penetrate the subconscious minds of users. Through the use of “immersive” online content, including entertainment, digital marketers are creating new forms of story-telling designed to increase brand loyalty and sales.
