Rebecca Weitzel Garcia

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On May 9, 2024, Maryland Governor Wes Moore signed HB 603, the Maryland Age-Appropriate Design Code (Maryland AADC). The Maryland AADC builds on Maryland’s Online Data Privacy Act, which was signed into law the same day and requires companies to provide certain protections for personal data of a consumer when the company knows or has reason to know the consumer is a child under the age of 13.1 The Maryland AADC layers on additional requirements for “covered entities” and expands the definition of “child” to include individuals under the age of 18.Continue Reading Maryland Passes Age-Appropriate Design Code

Despite national efforts over the past decades, child sexual abuse material (CSAM) and online child sexual exploitation are still unfortunately prevalent. In 2023, the National Center for Missing and Exploited Children (NCMEC) received over 35.9 million reports of suspected CSAM.[1] This is more than a 20 percent increase over the previous three years. Notably, NCMEC’s 2023 report highlighted concern about the significant increase in reports involving generative artificial intelligence, noting that the Center received 4,700 reports of CSAM or other sexually exploitative content related to these technologies.Continue Reading New Minor Safety Obligations for Online Services: REPORT Act Expands Child Sexual Exploitation Reporting Requirements

On April 7, 2024, Representative Cathy McMorris Rogers (R-WA) and Senator Maria Cantwell (D-WA) announced that Congress will once again consider a comprehensive federal data privacy bill that, if passed, would dramatically alter the privacy landscape across the United States.Continue Reading Congress Proposes New Comprehensive Privacy Legislation: The American Privacy Rights Act

On April 3, 2024, the UK Information Commissioner’s Office (ICO) released a statement setting out its priorities for protecting children’s privacy online. The priorities reflect the ICO’s strategy for the next phase of implementing its Children’s code of practice (also known as the “AADC”) and signal a focus by the regulator on the operations of social media and video-sharing platforms (platforms). The ICO will look at platforms’ default settings for children’s profiles, recommender systems and how they obtain consent to the processing of children’s data. The statement also indicates that the ICO will conduct audits of EdTech providers to identify privacy risks and potential noncompliance with applicable legislation.Continue Reading UK Privacy Regulator Details Next Stages of Its Strategy to Protect Children Online

On March 25, 2024, Governor Ron DeSantis signed Florida’s HB 3. The law requires that social media platforms prohibit users under 14 years old from creating accounts and requires these platforms to obtain parental consent for account registrants who are 14 or 15 years old. The law also imposes age verification requirements for online services that knowingly distribute a significant amount of “harmful” content.Continue Reading State Social Media Law Patchwork Emerging: Florida Passes Law to Restrict Minors’ Use of Online Services

On March 13, 2024, Governor Spencer Cox signed Utah’s Social Media Amendments, SB 194 and HB 464. Utah was the first state last year to pass laws strictly limiting minors’ use of social media. These laws were challenged in two lawsuits: one brought by social media users and another brought by NetChoice, a trade association representing internet companies.Continue Reading Utah Passes New Versions of Social Media Laws for Minors in Response to Challenges