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New Online Privacy Laws May Raise Serious Concerns for Lower-Income Communities

Proposed laws could lead to sensitive data collection and facial recognition use. Lower-income communities may be disproportionately affected, and privacy concerns are raised.

In this image we can see group of children wearing id cards. A boy and a girl are holding a board...
In this image we can see group of children wearing id cards. A boy and a girl are holding a board with some text. At the top of the image we can see the curtains.

New Online Privacy Laws May Raise Serious Concerns for Lower-Income Communities

Recent legislative proposals in California and beyond aim to protect younger users online, but they may also raise serious privacy concerns and disproportionately affect lower-income communities. These proposals often mandate age verification or estimation, which can involve collecting sensitive data and using facial recognition tools.

California's Age-Appropriate Design Code (AB 2273) requires businesses to estimate the age of child users with a reasonable level of certainty. This could lead to additional data collection about all users, including children, and may disproportionately affect lower-income communities. Moreover, age estimation services may collect or retain personal identifiable information, raising further privacy concerns. Mandating age assurance may also be counterproductive in protecting younger users, as it could create serious privacy concerns.

Many of these proposals require organizations to provide 'age estimation' or 'age verification' for users under a certain age. Several third-party providers in the United States offer services for age determination of online users, often using facial analysis or other technical means. Examples include VeriMe, Yoti, FaceFirst, and AnyVision. However, recent legislative proposals lack specificity and flexibility, requiring businesses to employ these measures regardless of the nature of their business. The Children's Online Privacy Protection Act (COPPA) already dictates that digital services must provide specific protections for users under 13 years of age. The act of estimating or verifying a user's age is complex and raises concerns about feasibility, privacy, and unintended consequences.

California's AADC could hold violators liable for a civil penalty of up to $7,500 per affected child for each intentional violation. Lawmakers are proposing legislation to create additional age restriction and 'assurance' measures for digital services to mitigate perceived negative impacts on younger users. However, these measures must be carefully crafted to balance the need for protection with the potential risks to privacy and the feasibility for businesses to implement.

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