S-836-119
Held at the desk.
Sponsored by Edward Markey (D-MA)
What it does
This bill would amend the Children's Online Privacy Protection Act (COPPA) of 1998 to extend its protections from children under 13 to also cover teens ages 13–16. It would prohibit operators of websites, apps, and online services from using personal information of children or teens for targeted advertising, require verifiable consent from parents (for children) or the teens themselves (for teens 13–16) before collecting personal data, and give both parents and teens the right to access, correct, and delete their personal information. The bill would also require the FTC to study and report on enforcement, direct the GAO to study teens' use of financial technology products, and allow states to enact stronger — but not conflicting — protections.
Who benefits
Children under 13 and teens ages 13–16 who would gain stronger data privacy protections and new rights to delete their information. Parents of minors who would receive clearer notice and consent rights. Teens themselves, who would gain direct consent and deletion rights for the first time. Privacy-focused technology companies that already limit data collection and would face less competitive disadvantage. State attorneys general who would gain expanded enforcement authority. Educational institutions, which would receive a structured framework for authorizing data collection for educational purposes without requiring individual parental consent each time.
Who is hurt
Large digital advertising platforms and social media companies that rely on behavioral profiling of younger users for revenue. Ad-tech companies and data brokers whose business models depend on individual-specific advertising to minors. Smaller app developers and startups that may face disproportionate compliance costs relative to larger competitors. Free online services that monetize through targeted advertising and may need to restrict access to or alter services for users under 17. Financial technology companies whose products are used by teens and who would face new scrutiny. Operators of educational technology platforms, who would face new contractual and notice obligations when working with schools.
Supporters argue
Supporters argue that COPPA's 1998 framework was designed before smartphones, social media, and algorithmic advertising existed, leaving teens ages 13–16 entirely unprotected despite being among the most heavily targeted demographic online. They contend that individual-specific advertising to minors exploits developmental vulnerabilities, and that the bill's prohibition on behavioral profiling of this age group addresses a documented harm — citing research linking social media data practices to teen mental health impacts. Supporters further argue that giving teens direct rights to access, correct, and delete their own data aligns U.S. law with modern privacy standards already in place in the EU and several U.S. states.
Opponents argue
Opponents argue that extending COPPA-style consent requirements to teens ages 13–16 would create significant friction for the free, ad-supported internet that millions of teens use daily, potentially restricting access to legitimate educational, social, and informational services. They contend that the "knowledge fairly implied on the basis of objective circumstances" standard is vague and could expose operators to liability even when they have made reasonable good-faith efforts not to collect teen data, creating unpredictable compliance burdens — particularly for small businesses. Opponents also argue that the bill's broad prohibition on individual-specific advertising may reduce revenue for free platforms in ways that ultimately push services behind paywalls, harming lower-income teens who cannot afford subscriptions.
Constitutional context
Congress's authority to regulate online data collection rests on the Commerce Clause (Art. I, §8, cl. 3), as operators engage in interstate and foreign commerce. Because the bill delegates rulemaking authority to the FTC, post-Loper Bright v. Raimondo (2024) courts will independently review whether FTC rules stay within the statutory boundaries Congress sets, rather than deferring to the agency's own interpretation — making the precision of the bill's delegated authority particularly significant.
Checks and balances
Congress expands FTC rulemaking and enforcement authority; the FTC is checked by post-Loper Bright independent judicial review of its rules, congressional oversight through mandatory annual reports, and state attorneys general who share concurrent enforcement authority.
Historical precedent
The original Children's Online Privacy Protection Act of 1998 established the framework this bill amends; the FTC's 2013 COPPA rule update expanded covered data types but did not raise the age threshold above 13.