The Federal Trade Commission (FTC) unanimously voted to deny an application from the Entertainment Software Rating Board, Yoti, and SuperAwesome for a new mechanism designed to verify parental consent under the Children’s Online Privacy Protection Rule (COPPA). The mechanism, known as “Privacy-Protective Facial Age Estimation,” would use biometric technology to analyze the geometry of a user’s face to confirm they are an adult, thereby determining whether parental consent is required for access to certain online content.
COPPA is a federal law enacted in 1998, designed to protect the privacy of children under the age of 13 by regulating the collection and use of personal information from children by websites, online services, and mobile applications. COPPA requires these entities to obtain verifiable parental consent before collecting, using, or disclosing personal information from children under 13. It also mandates clear privacy notices and gives parents control over their children’s personal information. The FTC is responsible for enforcing COPPA and has established rules detailing what websites and online services must do to comply with the law.
The FTC’s decision, made through a 4-0 vote last Friday, comes after the Commission reviewed over 350 comments from the public expressing concerns about the potential for privacy violations, including the misuse of data for creating deepfake content. Despite the technology being submitted to the National Institute of Standards and Technology (NIST) for evaluation, the FTC chose not to delay its decision pending the outcome of that evaluation.
Advocacy groups have praised the FTC’s decision, highlighting ongoing issues with facial recognition technologies and their disproportionate impact on certain demographics. The ESRB expressed disappointment, emphasizing their hope that such technologies will eventually be recognized as compliant with COPPA.
Yoti, for its part, clarified that its technology does not constitute facial recognition but rather facial analysis, which estimates age without identifying individuals.
“Our technology uses facial analysis to estimate a person’s age without identifying or recognising any individual,” explained Julie Dawson, Yoti’s Chief Policy & Regulatory Officer. “The technology never knows or learns the name or identity of a person.”
The FTC’s decision is without prejudice, meaning the applicants may refile in the future, particularly as more information becomes available to better understand the implications and effectiveness of age verification technologies.
Sources: NextGov/FCW, FTC
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April 5, 2024 – by the Mobile ID World Editorial Team
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