program areas Digital Youth

General Comment submission Children’s rights in relation to the digital environment • Professor Amandine Garde, Law & Non-Communicable Research Unit, School of Law and Social Justice, University of Liverpool • Dr Mimi Tatlow-Golden, Senior Lecturer, Developmental Psychology and Childhood, The Open University • Dr Emma Boyland, Senior Lecturer, Psychology, University of Liverpool • Professor Emerita Kathryn C. Montgomery, School of Communication, American University; Senior Strategist, Center for Digital Democracy • Jeff Chester, Center for Digital Democracy • Josh Golin, Campaign for a Commercial Free Childhood • Kaja Lund-Iversen and Ailo Krogh Ravna, Norwegian Consumer Council • Pedro Hartung and Marina Reina, Alana Institute • Dr Marine Friant-Perrot, University of Nantes • Professor Emerita Wenche Barth Eide, University of Oslo; Coordinator, FoHRC • Professor Liv Elin Torheim, Oslo Metropolitan University • Professor Alberto Alemanno, HEC Paris Business School and The Good Lobby • Marianne Hammer, Norwegian Cancer Society • Nikolai Pushkarev, European Public Health Alliance 13 November 2020 Dear Members of the Committee on the Rights of the Child, We very much welcome the Committee’s Draft General Comment No25 on children’s rights in relation to the digital environment (the Draft) and are grateful for the opportunity to comment. We are a group of leading scholars and NGO experts on youth, digital media, child rights and public health who work to raise awareness and promote regulation of marketing (particularly of harmful goods, services and brands) to which children are exposed. We argue this infringes many of the rights enshrined in the UN Convention on the Rights of the Child (CRC) and other international instruments and should be strictly regulated. Based on our collective expertise, we call on the Committee to recognise more explicitly the fundamentally transformed nature of marketing in new digital environments, the harms stemming therefrom, and the corresponding need to protect children from targeting and exposure. Without such recognition, children will not be able to fully enjoy the many opportunities for learning, civic participation, creativity and communication that the digital environment offers for their development and fulfilment of their rights. Facilitating children’s participation in this environment should not come at the price of violations of any children's rights. Before making specific comments, we wish to highlight our support for much of this Draft. In particular, we strongly support the provisions in the following paragraphs of the General Comment: 11, 13, 14, 52, 54, 62, 63, 64, 67, 72, 74, 75, 88, 112, and 119. We also note concerns regarding provisions that will require mandatory age verification: e.g., paragraphs 56, 70, 120, 122. We call on the Committee to consider provisions that this be applied proportionately, as this will certainly have the effect of increasing the processing of children’s personal data - which should not happen to the detriment of the best interests of the child. The rest of this contribution, following the structure of the Draft, proposes specific additions / modifications (underlined, in italics), with brief explanations (in boxes). Numbers refer to original paragraphs in the Draft; XX indicates a new proposed paragraph. Hoping these comments are useful to finalise the General Comment, we remain at your disposal for further information. Yours faithfully, Amandine Garde and Mimi Tatlow-Golden On behalf of those listed above [See full comments in attached document]

TikTok (also known by its Chinese name, Dǒuyīn) has quickly captured the interest of children, adolescents, and young adults in 150 countries around the world. The mobile app enables users to create short video clips, customize them with a panoply of user-friendly special effects tools, and then share them widely through the platform’s vast social network. A recent industry survey of children’s app usage in the United States, the UK, and Spain reported that young people between the ages of 4 and 15 now spend almost as much time per day (80 minutes) on TikTok as they do on the highly popular YouTube (85 minutes). TikTok is also credited with helping to drive growth in children’s social app use by 100 percent in 2019 and 200 percent in 2020. Among the keys to its success is a sophisticated artificial intelligence (AI) system that offers a constant stream of highly tailored content, and fosters continuous interaction with the platform. Using computer vision technology to reveal insights based on images, objects, texts, and natural-language processing, the app “learns” about an individual’s preferences, interests and online behaviors so it can offer “high-quality and personalized” content and recommendations. TikTok also provides advertisers with a full spectrum of marketing and brand-promotion applications that tap into a vast store of user information, including not only age, gender, location, and interests, but also granular data sets based on constant tracking of behaviors and activities...TikTok is just one of many tech companies deploying these techniques… [full article attached and also here (link is external); more from series here (link is external)]

Contact: Katharina Kopp, CDD (kkopp@democraticmedia.org (link sends e-mail); 202-836-4621) David Monahan, CCFC (david@commercialfreechildhood.org (link sends e-mail)) Advocates Call on TikTok Suitors to Clean Up Kids’ Privacy Practices Groups had filed complaint at FTC documenting how TikTok flouts children’s privacy law, tracks millions of kids without parental consent. WASHINGTON, DC and BOSTON, MA—September 3, 2020—The nation’s leading children’s privacy advocates are calling on potential buyers of TikTok “to take immediate steps to comprehensively improve its privacy and data marketing practices for young people” should they purchase the platform. In separate letters to Microsoft, Walmart, and Oracle, Campaign for a Commercial-Free Childhood (CCFC) and the Center for Digital Democracy (CDD) detail TikTok’s extensive history of violating the Children’s Online Privacy Protection Act (COPPA), including a recent news report that TikTok internally classified more than one-third of its 49 million US users as fourteen or under. Given the likelihood that millions of these users are also under thirteen, the advocates urged Microsoft, Walmart, and Oracle to pledge to immediately stop collecting and processing data from any account flagged as or believed to be under thirteen if they acquire TikTok’s US operations, and only restore accounts that can be affirmatively verified as belonging to users that are thirteen or older. COPPA requires apps and websites to obtain verifiable parental consent before collecting the personal information of anyone under 13, but TikTok has not done so for its millions of accounts held by children. “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 thirteen. With the keys to one of the most popular platforms for young people on the planet must come a commitment to protect children’s privacy and wellbeing.” In February 2019, TikTok was fined $5.7 million by the Federal Trade Commission (FTC) for COPPA violations and agreed to delete children’s data and properly request parental consent before allowing children under 13 on the site and collecting more data from them. This May, CCFC, CDD, and a coalition of 20 advocacy groups filed an FTC complaint against TikTok for ignoring their promises to delete kids’ data and comply with the law. To this day, the groups say, TikTok plays by its own rules, luring millions of kids under the age of 13, illegally collecting their data, and using it to manipulatively target them with marketing. In addition, they wrote to the companies today that, “By ignoring the presence of millions of younger children on its app, TikTok is putting them at risk for sexual predation; news reports and law enforcement agencies have documented many cases of inappropriate adult-to-child contact on the app.” In August, the groups’ allegations that TikTok had actual knowledge that millions of its users were under thirteen were confirmed by the New York Times. According to internal documents obtained by the Times, TikTok assigns an age range to each user utilizing a variety of methods including “facial recognition algorithms that scrutinize profile pictures and videos,” “comparing their activity and social connections in the app against those of users whose ages have already been estimated,” and drawing “upon information about users that is bought from other sources.” Using these methods, more than one third of TikTok’s 49 million users in the US were estimated to be under fourteen. Among daily users, the proportion that TikTok has designated as under fourteen rises to 47%. “The new owners of TikTok in the U.S. must demonstrate they take protecting the privacy and well-being of young people seriously,” said Katharina Kopp, policy director of the Center for Digital Democracy. “The federal law protecting kids’ privacy must be complied with and fully enforced. In addition, the company should implement a series of safeguards that prohibits manipulative, discriminatory and harmful data and marketing practices that target children and teens. Regulators should reject any proposed sale without ensuring a set of robust set of safeguards for youth are in place,” she noted. ###

Contact: Jeff Chester, CDD (jeff@democraticmedia.org (link sends e-mail); 202-494-7100) David Monahan, CCFC (david@commercialfreechildhood.org (link sends e-mail);) Statement from Campaign for a Commercial-Free Childhood and Center for Digital Democracy on Comments filed with FTC regarding Endorsement Guides WASHINGTON, DC and BOSTON, MA—June 23, 2020—Advocacy groups Campaign for a Commercial-Free Childhood (CCFC) and the Center for Digital Democracy (CDD) filed comments on Monday in response to the FTC’s request for public comment (link is external) on its Endorsement Guides. Jeff Chester, executive director, Center for Digital Democracy: "Influencer marketing should be declared an unfair and deceptive practice when it comes to children. The FTC is enabling so-called ‘kidfluencers,’ ‘brand ambassadors,’ and other ‘celebrity’ marketers to stealthily pitch kids junk food, toys and other products, despite the known risks to their privacy, personal health and security. Kids and teens are being targeted by a ‘wild west’ influencer marketing industry wherever they go online, including when they watch videos, play games, or use social media. It's time for the FTC to place the interests of America's youth before the manipulative commercial activities of influencers." Josh Golin, Executive Director, Campaign for a Commercial-Free Childhood: “The FTC’s failure to act has helped create an entire ecosystem of unfair and deceptive influencer marketing aimed at children. It’s past time for the Commission to send a strong message to everyone – platforms, brands, ad agencies and the influencers themselves – that children should not be targets for this insidious and manipulative marketing.” Angela J. Campbell, Director Emeritus of the Institute for Public Representation’s Communications and Technology Clinic at Georgetown Law, currently chair of CCFC’s Board, and counsel to CCFC and CDD: "Influencer videos full of hidden promotions and sometimes blatant marketing have largely displaced actual programs for children. The FTC must act now to stop these deceptive and unfair practices." ###

Contact: Jeff Chester, CDD (jeff@democraticmedia.org (link sends e-mail); 202-494-7100) David Monahan, CCFC (david@commercialfreechildhood.org (link sends e-mail);) Advocates Say TikTok In Contempt of Court Order More kids than ever use the site due to COVID19 quarantine, but TikTok flouts settlement agreement with the FTC WASHINGTON, DC and BOSTON, MA—May 14, 2020—Today, a coalition of leading U.S. child advocacy, consumer, and privacy groups filed a complaint (link is external) urging the Federal Trade Commission (FTC) to investigate and sanction TikTok for putting kids at risk by continuing to violate the Children’s Online Privacy Protection Act (COPPA). In February 2019, TikTok paid a $5.7 million fine for violating COPPA, including illegally collecting personal information from children. But more than a year later, with quarantined kids and families flocking to the site in record numbers, TikTok has failed to delete personal information previously collected from children and is still collecting kids’ personal information without notice to and consent of parents. Campaign for a Commercial-Free Childhood (CCFC), the Center for Digital Democracy (CDD), and a total of 20 organizations demonstrated in their FTC filing that TikTok continues to violate COPPA by: failing to delete personal information related to children under 13 it obtained prior to the 2019 settlement order; failing to give direct notice to parents and to obtain parents’ consent before collecting kids’ personal information; and failing to give parents the right to review or delete their children’s personal information collected by TikTok. TikTok makes it easy for children to avoid obtaining parental consent. When a child under 13 tries to register using their actual birthdate, they will be signed up for a “younger users account” with limited functions, and no ability to share their videos. If a child is frustrated by this limited functionality, they can immediately register again with a fake birthdate from the same device for an account with full privileges, thereby putting them at risk for both TikTok’s commercial data uses and inappropriate contact from adults. In either case, TikTok makes no attempt to notify parents or obtain their consent. And TikTok doesn’t even comply with the law for those children who stick with limited “younger users accounts.” For these accounts, TikTok collects detailed information about how the child uses the app and uses artificial intelligence to determine what to show next, to keep the child engaged online as long as possible. The advocates, represented by the Communications & Technology Law Clinic in the Institute for Public Representation at Georgetown Law, asked the FTC to identify and hold responsible those individuals who made or ratified decisions to violate the settlement agreement. They also asked the FTC to prevent TikTok from registering any new accounts for persons in the US until it adopts a reliable method of determining the ages of its users and comes into full compliance with the children’s privacy rules. In light of TikTok’s vast financial resources, the number and severity of the violations, and the large number of US children that use TikTok, they asked the FTC to seek the maximum monetary penalties allowed by law. Josh Golin, Executive Director of Campaign for a Commercial-Free Childhood, said “For years, TikTok has ignored COPPA, thereby ensnaring perhaps millions of underage children in its marketing apparatus, and putting children at risk of sexual predation. Now, even after being caught red-handed by the FTC, TikTok continues to flout the law. We urge the Commission to take swift action and sanction TikTok again – this time with a fine and injunctive relief commensurate with the seriousness of TikTok’s serial violations.” Jeff Chester, Executive Director of the Center for Digital Democracy, said “Congress empowered the FTC to ensure that kids have online protections, yet here is another case of a digital giant deliberately violating the law. The failure of the FTC to ensure that TikTok protects the privacy of millions of children, including through its use of predictive AI applications, is another reason why there are questions whether the agency can be trusted to effectively oversee the kids’ data law.” Michael Rosenbloom, Staff Attorney and Teaching Fellow at the Institute for Public Representation, Georgetown Law, said “The FTC ordered TikTok to delete all personal information of children under 13 years old from its servers, but TikTok has clearly failed to do so. We easily found that many accounts featuring children were still present on TikTok. Many of these accounts have tens of thousands to millions of followers, and have been around since before the order. We urge the FTC to hold TikTok to account for continuing to violate both COPPA and its consent decree.” Katie McInnis, Policy Counsel at Consumer Reports, said "During the pandemic, families and children are turning to digital tools like TikTok to share videos with loved ones. Now more than ever, effective protection of children's personal information requires robust enforcement in order to incentivize companies, including TikTok, to comply with COPPA and any relevant consent decrees. We urge the FTC to investigate the matters raised in this complaint" Groups signing on to the complaint to the FTC are: Campaign for a Commercial-Free Childhood, the Center for Digital Democracy, Badass Teachers Association, Berkeley Media Studies Group, Children and Screens: Institute of Digital Media and Child Development, Consumer Action, Consumer Federation of America, Consumer Reports, Defending the Early Years, Electronic Privacy Information Center, Media Education Foundation, Obligation, Inc., Parent Coalition for Student Privacy, Parents Across America, ParentsTogether Foundation, Privacy Rights Clearinghouse, Public Citizen, The Story of Stuff, United Church of Christ, and USPIRG. ###