The Computer & Communications Industry Association (CCIA) has submitted comments in response to the New York Attorney General’s Advanced Notices of Proposed Rulemaking for the SAFE for Kids Act and Child Data Protection Act. The association raised concerns about privacy and Constitutional rights, while sharing the goal of protecting young users online.
The proposed laws would require online services to implement strict age verification for minors. CCIA argues that this could lead to significant privacy and security risks by mandating the collection of sensitive information from users, including minors and their parents. This could expose users to greater risk. Additionally, businesses would be held liable for failing to verify users’ ages and required to delete data, leaving them without proof of compliance. Vulnerable groups, such as New York’s estimated 800,000 undocumented residents, could be disproportionately affected and potentially excluded from platforms they rely on.
The Child Data Protection Act aims to limit minors' access to certain content online. CCIA noted that courts have previously ruled such laws unconstitutional if they restrict access to protected speech for both adults and minors. The association also pointed out that older teens may face challenges accessing broader information for academic purposes under this act. Enforcing strict content restrictions would require websites to gather more sensitive data from users, potentially violating federal laws.
CCIA emphasized the need for regulations that balance protecting young users with respecting their privacy and free speech rights.
Alex Spyropulos, CCIA Northeast Regional Policy Manager, stated: “CCIA appreciates the opportunity to provide some initial feedback around the legal and logistical challenges that face both the SAFE for Kids Act and the Child Data Protection Act. Both laws pose serious privacy risks and could hinder minors’ access to information."
Spyropulos added: “The SAFE for Kids Act would force companies to collect excessive personal information from young users, leading to heightened security concerns. Likewise, the Child Data Protection Act could impose liabilities on platforms for factors beyond their control while infringing on the constitutional rights of minors. Making the internet safer for children is critical but it should not come at the cost of their privacy or constitutional protections.”