Meru Data's Podcast

Children's Data and App Store Accountability Laws

Priya Keshav

Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.

0:00 | 55:16

Children’s privacy is rapidly evolving beyond traditional COPPA compliance. New state laws, expanding FTC enforcement, age assurance requirements, and app store accountability measures are reshaping how businesses manage data related to minors and teens. 

In this episode of Simplifying for Success, Priya Keshav, Founder and CEO of Meru Data, is joined by Nerissa Coyle McGinn, Partner at Loeb & Loeb LLP, to discuss the changing regulatory landscape and what businesses need to do to prepare. The conversation covers key enforcement trends, emerging age verification requirements, app store accountability laws, and the growing expectation for organizations to address children’s privacy through governance and operational practices. 

Topics Covered 

  • Expanding FTC enforcement and its impact on children’s data 
  • State age assurance and age-appropriate design laws 
  • App store accountability requirements 
  • Key lessons from recent enforcement actions 
  • Age verification, parental controls, and compliance challenges 
  • Practical steps businesses can take to prepare for evolving requirements 


00:00:17.160 --> 00:00:21.720 

Priya Keshav: Hello, everyone. Welcome to our podcast, Simplifying for Success. 

 

00:00:21.900 --> 00:00:32.349 

Priya Keshav: In each episode, we explore how leaders can bring discipline, clarity, and practical structure to complex areas of privacy and governance, AI governance. 

 

00:00:32.420 --> 00:00:48.599 

Priya Keshav: Simplification is always not easy, especially in today's fast-moving regulatory and business environment. So we invite experienced colleagues in privacy and AI governance to share how they approached these challenges in practice. Before we get started, I'm Priya Keshav. 

 

00:00:49.010 --> 00:01:01.579 

Priya Keshav: And I'm one of the founders and CEO of Meru Data. At Mero Data, we help organizations simplify operational and operationalize privacy and AI governance programs worldwide. 

 

00:01:01.600 --> 00:01:10.239 

Priya Keshav: Our work focuses on building privacy by design practices through technology, implementation, process optimization, and practical governance. 

 

00:01:10.420 --> 00:01:22.349 

Priya Keshav: Before founding Meru Data, I served as a managing director of KPMG's forensic technology practice in the Southwest US. I also regularly speak, write about emerging trends in privacy and AI governance. 

 

00:01:22.590 --> 00:01:30.489 

Priya Keshav: Today, I'm delighted too. I invite our special guest, Nerissa Coyle McGinn. 

 

00:01:30.630 --> 00:01:32.499 

Priya Keshav: Welcome to the show, Nerissa! 

 

00:01:33.070 --> 00:01:34.160 

Nerissa  : Thank you! 

 

10 

00:01:34.610 --> 00:01:36.050 

 Nerissa : Thanks for having me. 

 

11 

00:01:36.970 --> 00:01:47.119 

Priya Keshav: To begin, could you tell our listeners a little bit about yourself, your practice, and the work you're doing in the children's privacy advertising and digital platform accountability space? 

 

12 

00:01:48.510 --> 00:01:58.549 

 Nerissa : Sure, well, I am, a partner, at Loeb & Loeb, and I specialize in, 

 

13 

00:01:58.950 --> 00:02:05.049 

 Nerissa : advertising, privacy, and emerging technologies. So, 

 

14 

00:02:05.050 --> 00:02:19.610 

 Nerissa : Under that, you know, a lot of the information that is collected is collected for advertising and promotions purposes, and… which is why we have such a robust, privacy practice. 

 

15 

00:02:19.610 --> 00:02:22.560 

 Nerissa : And we also 

 

16 

00:02:22.560 --> 00:02:42.329 

 Nerissa : really focus on, different types of emerging technologies, including AI. So, one of my areas of specialty in, in privacy, in particular, is, children's data. And, the collection of children's data 

 

17 

00:02:42.340 --> 00:02:54.999 

 Nerissa : And I work with a lot of different clients, small and large, related to their collection of information from, now, not only children under the age of 13, but also minors. 

 

18 

00:02:57.110 --> 00:03:06.170 

Priya Keshav: So today, we're gonna talk about a very timely and an important topic, children's data and app store accountability laws. 

 

19 

00:03:06.370 --> 00:03:19.080 

Priya Keshav: Maybe we should start with why this topic matters now. Children's data has moved from a very narrow COPA issue to a broader, 

 

20 

00:03:19.100 --> 00:03:29.739 

Priya Keshav: accountability, safety, and product design issue. What do you think has changed in the regulatory environment to make children's data such a high priority right now? 

 

21 

00:03:30.520 --> 00:03:43.469 

 Nerissa : Right. I, want to commend you. This is the perfect time to be bringing up children's privacy. I think you're right. Like, this used to be, very COPPA-focused. 

 

22 

00:03:43.470 --> 00:03:53.209 

 Nerissa : COPPA came out, I believe it was 1999, which was so long ago, that 

 

23 

00:03:53.210 --> 00:04:06.989 

 Nerissa : it really was a completely different internet. Like, we didn't even have social media back then. And I think we're really at a precipice now, where there have been a lot of laws that have been passed. 

 

24 

00:04:06.990 --> 00:04:21.129 

 Nerissa : Some of them are in effect, some of them aren't, but they're starting to go into effect in a way that is well beyond COPPA, so this is a great time to be looking at this… at this topic. 

 

25 

00:04:21.230 --> 00:04:37.339 

 Nerissa : You know, I really think that children's data has moved from a, like, a more narrow COPPA to a broader, really a broader, law within COPA itself. 

 

26 

00:04:37.340 --> 00:05:00.200 

 Nerissa : Right? For two specific reasons. The first reason is that we just had an amendment to the COPPA rule by the FTC. So, it was amended last year, and then it went into effect last year, and now the enforcement started as of, as of April. So, we haven't seen anything yet, but we probably will soon. 

 

27 

00:05:00.200 --> 00:05:07.979 

 Nerissa : The, the amendments to the rule that happened, to the COPPA rule, really kind of took 

 

28 

00:05:07.990 --> 00:05:24.280 

 Nerissa : all the cases that we had had over, you know, since the last, you know, several years, which had really expanded the COPPA rule and how it was interpreted, and, solidified them within the rule. 

 

29 

00:05:24.280 --> 00:05:29.099 

 Nerissa : It really is there were a couple of things that happened with that. 

 

30 

00:05:29.100 --> 00:05:40.210 

 Nerissa : The first is that it really broadened the scope of what the types of websites that, they that the FTC was looking at. 

 

31 

00:05:40.350 --> 00:05:46.599 

 Nerissa : They are no longer really just kind of looking at that very specific 

 

32 

00:05:46.600 --> 00:06:02.949 

 Nerissa : website that is, just directed towards children, like Paw Patrol or something like that. It's much broader now. They're looking at these mixed audience sites, and we now have a definition for what a mixed audience site is. 

 

33 

00:06:02.950 --> 00:06:12.899 

 Nerissa : And so these are sites that are really, you know, are going to have kids under 13 and older, older users. 

 

34 

00:06:13.180 --> 00:06:26.319 

 Nerissa : So  it really started is starting to try to pull in some of these some of these websites that, for a long time, I think the websites were like, hey, we're not directed towards kids, we don't fall under COPPA. 

 

35 

00:06:27.560 --> 00:06:42.739 

 Nerissa : The other thing that I think has happened is that, we've had a change in administration with the FTC, right? You know, we just had a Supreme Court ruling, yesterday. 

 

36 

00:06:42.740 --> 00:07:00.779 

 Nerissa : that, one of the FTC commissioners, Rebecca Slaughter, can be fired, that she's an at-will employee, and can be fired by the executive branch, really whenever they want to fire her. And so the FTC has started to become 

 

37 

00:07:00.780 --> 00:07:06.020 

 Nerissa : More of a political A political beast. 

 

38 

00:07:06.120 --> 00:07:20.250 

 Nerissa : than it was before. And you can go you can see that  it is doing that. You know, not in this area in particular, in children's privacy, but with AI, 

 

39 

00:07:20.250 --> 00:07:26.399 

 Nerissa : This FTC actually went back to the Biden administration decisions and overturned them. 

 

40 

00:07:27.000 --> 00:07:42.699 

 Nerissa : For one of the AI decisions. So you're really seeing that there's a change, and that this FTC is particularly focused on children's privacy. It's something that they are very concerned about. 

 

41 

00:07:42.700 --> 00:07:55.299 

 Nerissa : And they really want to make sure that they are protecting children, and that they're doing it in their own way. You know, they're… they… I think… 

 

42 

00:07:55.300 --> 00:08:05.449 

 Nerissa : The greatest example of this is there was a workshop that was planned right after Trump took office. That got rescheduled twice. 

 

43 

00:08:05.450 --> 00:08:16.269 

 Nerissa : And really, the entire focus of it changed. They took big tech out of it, and they brought in a lot more, advocates about protecting children. 

 

44 

00:08:16.370 --> 00:08:18.990 

 Nerissa : And they're 

 

45 

00:08:19.120 --> 00:08:36.990 

 Nerissa : Definitely focusing more on, things like making sure that there's age gates and, age verification, and that websites can verify who their users are, so that they're not, you know, collecting information from children. 

 

46 

00:08:38.500 --> 00:09:02.890 

Priya Keshav: So the states are also ramping up, right? Like, we're seeing a growing wave of age verification, age assurance, age-appropriate design law across states such as Utah, Texas, Louisiana, Virginia, Maryland, and Vermont. What do these laws mean for companies operating nationally? And, you know, how do you see that sort of play with you mentioned the FTC and their focus 

 

47 

00:09:02.890 --> 00:09:11.250 

Priya Keshav: On children, so how does, all the, you know, laws within the states comp… do they complement, or

 

48 

00:09:11.250 --> 00:09:13.510 

Priya Keshav: How do you think that plays out? 

 

49 

00:09:13.710 --> 00:09:14.630 

Priya Keshav: At the state level. 

 

50 

00:09:14.630 --> 00:09:25.169 

 Nerissa : the law the state laws are, much broader than what you have, federally in COPA. 

 

51 

00:09:25.620 --> 00:09:33.120 

 Nerissa : And, you know, I kind of like to think of them in, these laws 

 

52 

00:09:33.370 --> 00:09:47.550 

 Nerissa : in different buckets, right? And that one of the buckets is going to be these age assurance laws that you're talking about. Then you also have another bucket is these, age-appropriate design codes. 

 

53 

00:09:47.550 --> 00:09:55.170 

 Nerissa : and you also have just these… you know, a third bucket is gonna be these general, 

 

54 

00:09:55.300 --> 00:10:03.289 

 Nerissa : Children's or general privacy laws that, are now protecting not just children, but teens. 

 

55 

00:10:03.470 --> 00:10:05.310 

 Nerissa : You know. 

 

56 

00:10:05.570 --> 00:10:18.829 

 Nerissa : the laws are directed towards different types of companies, depending on which bucket you're talking about. And so I really think how you try to comply 

 

57 

00:10:19.000 --> 00:10:26.830 

 Nerissa : and operate nationally depends on the type of website that you're that you have. If you have 

 

58 

00:10:27.080 --> 00:10:32.139 

 Nerissa : For instance, you have, a website that is directed towards children. 

 

59 

00:10:32.230 --> 00:10:45.560 

 Nerissa : And when I say directed towards children, I'm talking it's much broader than the directed towards children that we used to see under COPPA. They're gonna be looking

 

60 

00:10:45.560 --> 00:11:00.350 

 Nerissa : You could have very few users and… that are under the age of 13 and still be considered directed towards children. Some of the some of the state laws are even saying as low as 2% of your users. 

 

61 

00:11:00.480 --> 00:11:04.290 

 Nerissa : So, if you are, 

 

62 

00:11:04.560 --> 00:11:13.670 

 Nerissa : If you are a company that is directed towards children, you are going to have to comply with all these different age-appropriate design codes. 

 

63 

00:11:13.730 --> 00:11:26.949 

 Nerissa : That are out there. And it's gonna be much more burdensome for those companies, because they're going to have to change their… the functionality of, for instance, their apps. 

 

64 

00:11:26.950 --> 00:11:35.629 

 Nerissa : They're going to have to make sure they have the default privacy settings. There are certain tools that some of these… some of these age-appropriate design codes 

 

65 

00:11:35.630 --> 00:11:42.040 

 Nerissa : are requiring, so it's gonna be very difficult for them. I also think 

 

66 

00:11:42.520 --> 00:11:45.769 

 Nerissa : You know, the other bucket of companies 

 

67 

00:11:45.790 --> 00:11:57.810 

 Nerissa : is gonna be companies that have mixed and what they are calling kind of general audience sites, right? Because a lot of those general audience sites probably 

 

68 

00:11:57.810 --> 00:12:13.090 

 Nerissa : are going to have users that are under the age of 13, so, or under the age of 18, at the very least. You know, these sites might not have to comply with those age-appropriate design codes. 

 

69 

00:12:13.250 --> 00:12:29.540 

 Nerissa : Right? But they are going everybody's gonna have to comply with these age assurance laws that we're seeing, and the app store laws. And there, all of a sudden, they did not know that their users were under the age of 18, which has a whole bunch of… 

 

70 

00:12:29.540 --> 00:12:33.710 

 Nerissa : Additional requirements associated with it, and now they're gonna know. 

 

71 

00:12:33.790 --> 00:12:45.850 

 Nerissa : And that's gonna, mean that they're gonna have to, you know, change probably change at least how they're collecting and how they're siloing their their users. 

 

72 

00:12:45.880 --> 00:12:54.089 

 Nerissa : You know, the only ones that I think are gonna have a problem are websites, like, that are obviously for people that are over the age of 18. 

 

73 

00:12:54.600 --> 00:12:55.510 

 Nerissa : Right. 

 

74 

00:12:56.200 --> 00:13:06.549 

Priya Keshav: So, with these emerging frameworks, like the California Digital Assurance Act coming into effect next year, how should companies think about, you know, as they are thinking about 

 

75 

00:13:06.570 --> 00:13:20.260 

Priya Keshav: implementing, you know, different practices, or at least accommodating, or segregating children. So what should they do to kind of have… how should they handle collection? 

 

76 

00:13:20.280 --> 00:13:33.969 

Priya Keshav: verification and managing age-related data that needs to be collected for them to understand how many are below 18, right? So, how do you sort of… what do you recommend for your clients? 

 

77 

00:13:34.020 --> 00:13:35.130 

Priya Keshav: Typically. 

 

78 

00:13:36.100 --> 00:13:49.519 

 Nerissa : Well, I mean, I think that if you're talking specifically about the collecting and verifying and managing of age verification, you know, the collecting is going to start to become a lot different. 

 

79 

00:13:49.580 --> 00:14:06.460 

 Nerissa : I think a lot of clients are, right now, potentially not collecting the user's age, right? And now they're going to be required, under these app store laws, and then the California Age Assurance Law to, at the very least, collect the 

 

80 

00:14:06.460 --> 00:14:12.670 

 Nerissa : The, the user's ages from the app stores or the operating system. 

 

81 

00:14:12.670 --> 00:14:16.119 

 Nerissa : So, that  they're gonna have to look

 

82 

00:14:16.160 --> 00:14:32.099 

 Nerissa : And prepare, and these laws are going into effect now. You know, technically the Texas one is in effect. I don't, you know, it may… that may change. We're waiting for what the Supreme Court says. 

 

83 

00:14:32.100 --> 00:14:43.020 

 Nerissa : And then you have two, you know, at least, you know, the California, there's two more that are going into effect as of January 1st. 

 

84 

00:14:43.160 --> 00:14:52.819 

 Nerissa : So, you're gonna have to figure out, and our clients are we're telling our clients to figure out how they're going to ingest these APIs. 

 

85 

00:14:52.920 --> 00:15:07.640 

 Nerissa : to get this information. The verifying isn't gonna be that much is gonna be pretty easy, because you're, for the most part, just going to take the age that's given to you by the App Store. 

 

86 

00:15:07.750 --> 00:15:20.929 

 Nerissa : And so that's not going to be as much of an issue. I think the hardest part is, I think, your last part of the question was managing. Managing this information. You know. 

 

87 

00:15:21.450 --> 00:15:30.049 

 Nerissa : That is gonna be the part that is gonna… going to be very difficult for a lot of 

 

88 

00:15:30.620 --> 00:15:36.120 

 Nerissa : Apps, apps, because they don't know that their users are under the age of 18. 

 

89 

00:15:36.680 --> 00:15:55.829 

 Nerissa : Per se, right? They might  they might guess that they have a bunch of users under 18, but they don't know which users they are, and now they're gonna know, and they're gonna have to follow all these laws that are out there, not just, you know, the age-appropriate design code laws, but a lot of these, you know, general children's 

 

90 

00:15:55.830 --> 00:16:07.819 

 Nerissa : General general privacy laws, comprehensive privacy laws, and these, other children's privacy laws that aren't going to allow them to collect or use information in certain ways. 

 

91 

00:16:08.880 --> 00:16:20.170 

Priya Keshav: Yeah, so, adding just a note in the privacy policy saying that we're typically most of our customers are about 18, wooden surface, you have to collect the data. 

 

92 

00:16:20.170 --> 00:16:30.169 

Priya Keshav: verify and figure out how to manage it. So that's… that's definitely a big change for many companies that I think, you know, are… 

 

93 

00:16:30.170 --> 00:16:37.419 

Priya Keshav: may have children's data, but are not currently monitoring for kids' data. 

 

94 

00:16:37.420 --> 00:16:45.729 

 Nerissa : Time oh, I'm sorry. I was just gonna say the exactly exactly what you're saying. The time of when you could say. 

 

95 

00:16:46.010 --> 00:16:52.380 

 Nerissa : we're just gonna up the age in our privacy policy to 18, and then put our heads in the sand. That's over now. 

 

96 

00:16:52.530 --> 00:17:05.279 

 Nerissa : Right? Like, that's not gonna exist in 6 months. And people have to get ready for that, because now they're gonna know, and they'll they'll have to silo the 18-year-old separately, or create a separate app. 

 

97 

00:17:05.280 --> 00:17:13.169 

 Nerissa : for or experience for the people that are, under 18, so that they can still use their app. But I think you're exactly right. 

 

98 

00:17:14.140 --> 00:17:17.899 

Priya Keshav: So, you know, once they know that they do have 

 

99 

00:17:18.329 --> 00:17:23.610 

Priya Keshav: You know, customers who are below 18, who are using their products and services. 

 

100 

00:17:23.609 --> 00:17:47.589 

Priya Keshav: What do you see are the trends that are emerging across these state laws, right? In terms of, are the states moving towards similar concepts of what they want the companies to do, or are we seeing materially different approaches to children's handling children's data, teen data, parental consent, and online safety? Like, what do you see  are the trends across states? 

 

101 

00:17:48.720 --> 00:18:00.340 

 Nerissa : I would say that it's  materially different, but there are some themes that are out there, right? So, like, even the age of how old people 

 

102 

00:18:00.340 --> 00:18:13.400 

 Nerissa : are when they start to get these additional protections, is changes from state to state. What information is protected can change from state to state, and how you can use that information. 

 

103 

00:18:13.520 --> 00:18:18.819 

 Nerissa : You know, but I think we are seeing some general trends. 

 

104 

00:18:18.980 --> 00:18:34.380 

 Nerissa : You know, you have these comprehensive privacy laws, that and those are giving protections to teenagers and, you know, up to, really, 18. 

 

105 

00:18:34.420 --> 00:18:47.390 

 Nerissa : Depending on the state. And those are generally requiring some type of either opt-in or not allowing the processing of information. 

 

106 

00:18:47.390 --> 00:18:57.039 

 Nerissa : Of, of minors, depending on what that age is. You have these age assurance laws that you're seeing. 

 

107 

00:18:57.100 --> 00:19:02.719 

 Nerissa : That are really kind of… that are requiring and giving

 

108 

00:19:02.860 --> 00:19:08.539 

 Nerissa : apps the knowledge of how old their users are, and then you have 

 

109 

00:19:08.740 --> 00:19:22.510 

 Nerissa : these design code laws that are going to be very burdensome if you have users that are now that you know that you have users under the age of 13, or under the age of 16 or 18, depending what 

 

110 

00:19:23.250 --> 00:19:30.899 

 Nerissa : How old that that law protects, that are… is gonna require changes to your

 

111 

00:19:31.420 --> 00:19:46.130 

 Nerissa : Like, tools for parents to be able to monitor the use of their their child's use of the app, and better notifications for parents, such as, like, signals when you're collecting certain information for the kids. 

 

112 

00:19:46.130 --> 00:19:51.640 

 Nerissa : And making sure that the parents understand what is being collected. 

 

113 

00:19:51.640 --> 00:20:01.439 

 Nerissa : And then also default privacy settings. So there's a lot of things that are going to be required under those age-appropriate design codes that people are ignoring right now. 

 

114 

00:20:01.880 --> 00:20:17.469 

Priya Keshav: And so some of the decisions that they need that customers will have to, or companies need to make is, to think about whether they're going to standardize at a certain, you know, level of like, for example, if there's significant differences, whether they're going to standardize at

 

115 

00:20:17.470 --> 00:20:42.450 

Priya Keshav: 18 for everybody, or are they going to provide, you know, exactly what is being mandated by each state? So these are questions that they have to ask and figure out what's the right path. With so many overlapping laws, and I also want to kind of point out that it's a it's also experience, right? Like, I live in Texas, and I so see some design changes. My teenage daughter was just asking me this morning. 

 

116 

00:20:42.450 --> 00:21:06.709 

Priya Keshav: is there any way you don't have to get notified about some things? And I was like and she was asking, why did I change the settings? And I was like, it wasn't me, but basically, Apple decided to make those changes, so, you know, I'm notified, when she makes certain, you know, decisions about various apps, and  so it was interesting to her, like, that I, you know. 

 

117 

00:21:06.710 --> 00:21:16.090 

Priya Keshav: we were having this conversation, and she was like, why are you monitoring me? And I was like, no, I wasn't monitoring her, but it was a change that happened because of the laws. So

 

118 

00:21:17.200 --> 00:21:19.780 

 Nerissa : Apple is, and the Texas government. 

 

119 

00:21:19.780 --> 00:21:20.600 

Priya Keshav: I'm saying you're. 

 

120 

00:21:20.600 --> 00:21:22.249 

 Nerissa : I have to monitor her. 

 

121 

00:21:22.250 --> 00:21:34.640 

Priya Keshav: Yeah, but it's, it's a, it's a, it's an interesting conversation, and today, as I was doing this podcast, I was just recollecting that conversation, and she was obviously, not happy, but 

 

122 

00:21:34.870 --> 00:21:52.309 

Priya Keshav: I mean, it's something that also affects user experience, because, you know, the parents have to know how to that there are changes, the teenagers will have to know there are changes, and so it's a lot of complex things that needs to be taken care of as they look at product design. 

 

123 

00:21:52.990 --> 00:21:55.270 

 Nerissa : It's gonna make it a lot harder for 

 

124 

00:21:55.700 --> 00:22:06.290 

 Nerissa : not for the kids to use the use their phones, but also parents. It's gonna because you're gonna have to be approving a lot more. 

 

125 

00:22:06.290 --> 00:22:22.430 

Priya Keshav: Yeah, so she was we had  we had a big event over the weekend, and there were people texting her, but she… she wasthey were not in her contacts, and that's kind of what happened, so she could not reply back, because I had not approved, and I was busy running around, so… 

 

126 

00:22:22.430 --> 00:22:36.819 

Priya Keshav: Obviously, I didn't look through those, you know, messages that came to me and approved them as, you know, contacts for her. So, yeah, it's definitely a lot of change coming for, not just the companies, but also those who are using the apps. 

 

127 

00:22:37.290 --> 00:22:46.000 

Priya Keshav: So many overlapping laws, is there any realistic path towards standardization? I mean, as you kind of… 

 

128 

00:22:46.000 --> 00:23:01.180 

Priya Keshav: I'm sure there are people asking you questions as to should they assume that they, you know, should they assume some level of standardization, but with that, or should they keep the complexity intact? 

 

129 

00:23:01.180 --> 00:23:03.200 

Priya Keshav: Because, you know. 

 

130 

00:23:03.260 --> 00:23:19.790 

Priya Keshav: is it's not a short-term change that is happening. This these changes around children's data is probably there for the longer term, right? But what what do you advise your clients, and what are your thoughts around how they should standardize? 

 

131 

00:23:21.540 --> 00:23:27.400 

Priya Keshav: I'm sure every company is different, every app is different, but to the extent that we can talk genetically, yeah. 

 

132 

00:23:27.400 --> 00:23:35.960 

 Nerissa : Yeah, I don't know that we're… if… There's gonna be any realistic path. 

 

133 

00:23:36.270 --> 00:23:48.849 

 Nerissa : towards standardization, like, that there's going to be, like, one comprehensive law, out there. I know that we've been, 

 

134 

00:23:50.930 --> 00:23:52.030 

 Nerissa : we

 

135 

00:23:52.400 --> 00:24:00.920 

 Nerissa : I know that what we have seen is that, you know, the federal government has tried to pass a law a gazillion times. 

 

136 

00:24:00.920 --> 00:24:02.150 

 Nerissa : Right? And

 

137 

00:24:02.150 --> 00:24:23.069 

 Nerissa : They have a whole bunch of pretty much every one of the state laws that I've been talking about, the app store laws, the age-appropriate design code, the upping of the COPPA protections, all of those are laws that have been proposed in Congress and for years have not been able to get through. So there's gonna be no standardization. So really. 

 

138 

00:24:23.180 --> 00:24:30.100 

 Nerissa : I mean, without standardization, I think that you have to 

 

139 

00:24:30.850 --> 00:24:37.220 

 Nerissa : Understand what all the laws are, and kind of find the lowest common denominator for 

 

140 

00:24:37.300 --> 00:24:55.070 

 Nerissa : each of them, and make sure that you're, you know, applying, if they're complying with them. So, you know, what's the hard  you know, what what do you, like, what type of default privacy settings are you gonna have? You're gonna have to do that everywhere. What types of tools do you have? You have to do that everywhere. 

 

141 

00:24:55.070 --> 00:25:04.249 

 Nerissa : I think the hardest part is possibly some of these app store laws. They're really kind of

 

142 

00:25:04.790 --> 00:25:11.669 

 Nerissa : They're rolling those out everywhere, but each state has, like, especially on how the 

 

143 

00:25:11.670 --> 00:25:26.309 

 Nerissa : apps get the information, the age verification information, how it's technically done and when they can do it is a little bit different. So those are gonna that's gonna be a little bit a little bit harder, but

 

144 

00:25:26.380 --> 00:25:35.629 

 Nerissa : You're just gonna have to know all the laws, and you're gonna have to find the lowest common denominator for each of each each different element of them. 

 

145 

00:25:36.780 --> 00:25:56.830 

Priya Keshav: So let's talk a little bit about the app store accountability laws, right? These laws are shifting some responsibility to app stores and platform providers. What role are app store policies beginning to play in enforcing age-appropriate design and compliance standards? 

 

146 

00:25:57.600 --> 00:26:02.420 

 Nerissa : I don't know if the policies are changing to make sure 

 

147 

00:26:02.420 --> 00:26:19.960 

 Nerissa : that the apps are, complying, per se. I mean, what the laws are saying is that the app stores have to have this functionality, and they have to make it available. And so then it's going to be on the individual users, at least so far. 

 

148 

00:26:19.960 --> 00:26:30.959 

 Nerissa : to make sure that they can ingest those apps, right? So I think that you are seeing changes with the App Store policies. Like, you've seen

 

149 

00:26:30.960 --> 00:26:46.809 

 Nerissa : changes with the age ratings for some of these app store app stores, to comply with the different laws and to make it, like, have the same age rating as the laws, have. They, 

 

150 

00:26:47.800 --> 00:26:54.289 

 Nerissa : There there's going to be, you know, obviously some, 

 

151 

00:26:54.560 --> 00:26:59.769 

 Nerissa : Policy changes on how they're, you know, how someone signs up for, 

 

152 

00:27:00.020 --> 00:27:05.080 

 Nerissa : how someone signs up for an account, like your Apple account. 

 

153 

00:27:05.180 --> 00:27:24.099 

 Nerissa : And then how they're pushing out the age. There's gonna be policies associated with, like, every time you update your app, you're going to have to tell, the app store, and then they're gonna have to get consent again. So there's going to be a lot of policies associated with how those things are going to work. 

 

154 

00:27:25.120 --> 00:27:31.110 

 Nerissa : But I think that some of them will, you know, the app

 

155 

00:27:31.320 --> 00:27:45.980 

 Nerissa : The app store is obviously… and this is a huge burden on them, and they've been preparing for it, but sometimes some of the information related to how some of these things are working is trickling out very slowly, from what I can tell. 

 

156 

00:27:47.250 --> 00:28:01.529 

Priya Keshav: Yeah, and I think, you know, we talked a little bit about this, but this is going to not just affect app stores, right? So, with… as they change their policies, the developers have to figure out how to appropriately change. 

 

157 

00:28:02.140 --> 00:28:17.219 

Priya Keshav: according to the App Store policies, and change their behaviors in terms of they the apps will have to receive the CH, do the verification, and the parents and the miners have to sort of understand that there's going to be changes to the way they have been interacting with the apps. 

 

158 

00:28:17.220 --> 00:28:24.590 

Priya Keshav: And all of that is going to become, completely different as we sort of look at, 

 

159 

00:28:24.780 --> 00:28:30.340 

Priya Keshav: as the App Store laws go into effect. So. 

 

160 

00:28:30.340 --> 00:28:50.050 

 Nerissa : it's gonna become very difficult exactly what you said, and what happened with your daughter. It's it's gonna be you know, kids are gonna try to download an app, they're not gonna be able to download the app right away. They're gonna have to talk to their parents, and then there's gonna have to be a notice, and the parents are gonna have to approve it. Parents don't approve things right away. 

 

161 

00:28:50.330 --> 00:28:50.750 

Priya Keshav: No. 

 

162 

00:28:50.750 --> 00:29:00.989 

 Nerissa : And, you know, if there's a change to the app, they have to approve the change to the app. If there's a purchase within the app, they have to approve that. 

 

163 

00:29:01.000 --> 00:29:12.290 

 Nerissa : The California law is a little different, right, Ed, where there aren't all these required, 

 

164 

00:29:12.610 --> 00:29:16.529 

 Nerissa : You know, parental, consents. 

 

165 

00:29:16.630 --> 00:29:20.659 

 Nerissa : It's more like, hey, we're telling you that this kid is… 

 

166 

00:29:20.800 --> 00:29:29.990 

 Nerissa : is 17, and now you have to comply with all the California laws that relate to a 17-year-old. And

 

167 

00:29:30.170 --> 00:29:37.930 

 Nerissa : But you also have to realize that California is one of the only states that has gotten their age-appropriate design code partially through. 

 

168 

00:29:38.290 --> 00:29:53.840 

 Nerissa : Right? And there are a lot of requirements related to that age-appropriate design code that are going to kick in because, because of the fact that, you know that that person is that user is a minor. 

 

169 

00:29:54.990 --> 00:30:01.159 

 Nerissa : That's gonna that's and that's gonna cause a lot of issues, I think, you know, for these

 

170 

00:30:01.520 --> 00:30:06.169 

 Nerissa : for for these app developers. Also, the California 

 

171 

00:30:06.720 --> 00:30:25.700 

 Nerissa : the California, age assurance law is not just for app stores. It's for any type of operating system, so it's much broader. It's operating systems for computers, it's operating systems for watches, it's operating systems, where they have to, send out this 

 

172 

00:30:25.880 --> 00:30:45.859 

 Nerissa : this age. So if there's an app that's on a watch that maybe isn't in the in the Apple App Store, that still is is going to, going to have to you're still going to have to have these this functionality, and the collection of the age, and then passing it on to the app provider. 

 

173 

00:30:46.220 --> 00:30:52.320 

Priya Keshav: And it's not just App Store, right? So what about, like, devices like Roku, or 

 

174 

00:30:52.430 --> 00:31:05.550 

Priya Keshav: Fire, Box, or like, there are many, many other places where apps reside, and they will I mean, even cars, apps, and so this kind of extends to any kind of

 

175 

00:31:05.900 --> 00:31:08.990 

Priya Keshav: devices like that as well, right? 

 

176 

00:31:08.990 --> 00:31:27.710 

 Nerissa : device, right? As compared to the earlier laws, the app store, which are called app store laws, those are your mobile app store. That is Apple and Google, right? So, those are pretty but the ones that we were looking at, these are operating systems, like. 

 

177 

00:31:28.120 --> 00:31:35.740 

 Nerissa : California is any operating system, so you're right, like, Amazon has an operating system that is within 

 

178 

00:31:35.740 --> 00:31:48.990 

 Nerissa : the fire, or and you can get apps within it, that now falls under under that, because it's not just a mobile device, it's also the device that you stick into your into your into your TV. 

 

179 

00:31:49.230 --> 00:31:59.439 

 Nerissa : Right? So, yes, it's the California law is much broader, and because it just says, okay, now you have the age. 

 

180 

00:31:59.780 --> 00:32:15.200 

 Nerissa : Now, app developer, you have the age, and you have to comply with whatever laws are out there, and it doesn't have all these consent requirements, and sending in changes to your… to your app, things like that. 

 

181 

00:32:16.400 --> 00:32:32.619 

 Nerissa : I think that the concern is for developers and these operating systems is that it's going to be harder to strike down this law. It's going to be harder to get an injunction to stop it, so it's more likely that it's going to go into effect on January 1st. 

 

182 

00:32:34.560 --> 00:32:43.069 

Priya Keshav: Are there any other specific operational challenges that you see for the developers as they kind of look at practical compliance beyond what we just talked about? 

 

183 

00:32:43.120 --> 00:33:00.370 

Priya Keshav: I feel like there's some benefit to centralizing the age verification, with these operating system providers and app store providers, because to some extent, that was… I mean, it's still a debate, because now you're passing age to everybody. I think… 

 

184 

00:33:00.370 --> 00:33:21.420 

Priya Keshav: both ways, it's a problem. You know, you're disclosing too much information, but not disclosing information exposes children to a lot of risk as well, so there is no perfect answer. But what do you think are some of the operational and legal challenges that developers may face by when they start implementing and receiving this information from the 

 

185 

00:33:22.340 --> 00:33:24.310 

Priya Keshav: For various devices, so

 

186 

00:33:24.310 --> 00:33:32.230 

 Nerissa : Yeah, I mean I think that There's the obvious The obvious ones

 

187 

00:33:32.560 --> 00:33:49.670 

 Nerissa : that once they receive the information, like, for the for the for the app store laws, the app store laws, not the California age assurance laws, there's gonna be a lot of operational issues associated with that, because it's not, like. 

 

188 

00:33:49.720 --> 00:34:07.600 

 Nerissa : You know, it's not only that you're ingesting that, that age, and you have to get consent, but then there's going to have to be continuous consents associated with the, purchases within the app. 

 

189 

00:34:07.850 --> 00:34:27.750 

  Nerissa  : and, any type of changes to the app. So, you know, it's not gonna be like you're just gonna change your privacy policy or terms of use. It's like, we're gonna change our privacy policy in terms of use, and if it's a material enough change, which, you know, the changes that are

 

190 

00:34:28.260 --> 00:34:35.239 

  Nerissa : that are discussed, you know, within these laws are very small changes. 

 

191 

00:34:35.449 --> 00:34:43.510 

  Nerissa : then they're gonna have to get, like, this additional consent. They're gonna have to have a way to, like, put the user into

 

192 

00:34:43.760 --> 00:35:02.150 

  Nerissa : I arguably, they can't be using it until using the app until they get consent, so they're gonna have to go into some type of, like, escrow or something until they get the consent. I don't know where what's gonna happen with these purchases until the kid can… like, if you're playing a video game and you want to purchase

 

193 

00:35:02.220 --> 00:35:17.660 

  Nerissa : extra lives or something. The kid doesn't want to have to wait. And what are you going to do with the kid during that time period? There's a lot of operational issues. I think that there are probably

 

194 

00:35:17.790 --> 00:35:30.620 

  Nerissa : And because of that, I think that these laws are really hard to comply with. I think that the California one has less operational issues, it's just so much broader that it's scary. 

 

195 

00:35:30.740 --> 00:35:36.039 

  Nerissa : That it's so much beyond the Apple and Google that it becomes scary. 

 

196 

00:35:37.820 --> 00:35:55.329 

Priya Keshav: Let's talk about enforcement, right? FTC has been expanding its enforcement focus beyond traditional COPA compliance. How is that changing expectations, around collection of children's and deans' data, and broader accountability for the business as a whole? 

 

197 

00:35:55.640 --> 00:36:05.779 

nmcginn: Yeah, the FTC, since they had that Fortnite decision, has really tried to, expand,  to teens. 

 

198 

00:36:05.950 --> 00:36:08.220 

  Nerissa : And more recently. 

 

199 

00:36:08.310 --> 00:36:24.970 

  Nerissa : Yeah, so that was an expansion of, hey, we're not going to protect under the age of 13, but you've got to give some of those protections to teens, which was, I think, a wake-up call for a lot of people. But I think that the biggest thing that we're seeing now 

 

200 

00:36:24.970 --> 00:36:32.490 

  Nerissa : is really that the FTC is saying, like It's not just COPPA. 

 

201 

00:36:32.650 --> 00:36:39.160 

  Nerissa : It's any type of, like, what we deem as an unfair competition. 

 

202 

00:36:39.660 --> 00:36:54.479 

  Nerissa : type practice. So, what they've said is, we're gonna use, you know, their unfair competition, their Section 5 powers, we're gonna use our Section 5 powers to see, do we think that… is there any type of harm to kids? 

 

203 

00:36:54.540 --> 00:37:07.239 

  Nerissa : can we address that harm, and what's the cause of that what's the cause of that harm? Can we address the cause of that? And then, you know, can we address that cause through our Section 5 power? So it's kind of like. 

 

204 

00:37:07.490 --> 00:37:15.510 

  Nerissa : Blown up from some from an agency that's just looking at your advertising. 

 

205 

00:37:15.640 --> 00:37:29.629 

  Nerissa : And what you're telling the consumers to looking at your product, which is and how you're how you're creating that product, which is a lot broader and a lot scarier for a lot of these a lot of these companies. 

 

206 

00:37:31.060 --> 00:37:42.380 

Priya Keshav: So we've also seen some cases and concerns from Texas, right? The Texas AG's lawsuit against Netflix, where they raised questions about the product design, where, you know. 

 

207 

00:37:42.380 --> 00:38:01.680 

Priya Keshav: Netflix is collecting behavioral data, and also, children's profiles. What about the Netflix case, and how does it signal about where the regulators are headed, you know, in Texas and maybe other states as well, and why is that important? 

 

208 

00:38:02.440 --> 00:38:17.389 

  Nerissa : I think that the Texas… the Texas… the Netflix case, I think, should scare a lot of people, because it really is such an aggressive lawsuit, if you look at it. And they, 

 

209 

00:38:18.770 --> 00:38:29.739 

  Nerissa : I think that Netflix is not… it's not Facebook or a social media site, right? That it's it's a little it's different. 

 

210 

00:38:29.740 --> 00:38:36.219 

  Nerissa : arguably, and really, I think, a lot of the things that 

 

211 

00:38:36.220 --> 00:38:56.920 

  Nerissa : the Texas AG is concerned about is what we would call contextual advertising, right? So, we're not sharing that information with Colgate or some other brand or Ford. We're just using that information to say, hey, we know what you want to watch next. 

 

212 

00:38:57.020 --> 00:39:06.050 

  Nerissa : Right? And some of the examples were, like, if you tend to, like

 

213 

00:39:06.690 --> 00:39:16.610 

  Nerissa : shows that have Black, actors, that then the person in the thumbnail that will come up would 

 

214 

00:39:17.030 --> 00:39:21.759 

  Nerissa : more likely be Black, right? Things like that. 

 

215 

00:39:22.230 --> 00:39:26.550 

  Nerissa : I don't think that a lot of people think of that as 

 

216 

00:39:27.150 --> 00:39:38.790 

  Nerissa : behavioral advertising as much as advertising within the within Netflix, right? And which is allowed under 

 

217 

00:39:39.490 --> 00:39:50.720 

  Nerissa : Right? And, you know, the that type of that type of advertising, that contextual advertising, is allowed under COPA, so this is a huge expansion. 

 

218 

00:39:50.720 --> 00:39:59.830 

  Nerissa : Of, of what we think of as the laws that are protecting of protecting children. 

 

219 

00:39:59.890 --> 00:40:11.109 

  Nerissa : And, you know, even I definitely some of the they tried to use some of their what they called they said that there were dark patterns that tried to 

 

220 

00:40:11.130 --> 00:40:14.280 

  Nerissa : show that, 

 

221 

00:40:14.280 --> 00:40:31.180 

  Nerissa : Netflix was addicting children to the use of Netflix. So, like, one of those features was the autoplay. So, like, when I'm done with episode 3, episode 4 starts playing right after that. I love that! I don't know about you. 

 

222 

00:40:31.180 --> 00:40:36.129 

Priya Keshav: I don't have to click 3 more buttons to start the next episode, so it makes sense. Yes, I am. 

 

223 

00:40:36.520 --> 00:40:37.509 

Priya Keshav: I agree, yes. 

 

224 

00:40:37.750 --> 00:40:42.299 

  Nerissa : I like being told, like, hey, we just saw you watched 

 

225 

00:40:42.460 --> 00:40:59.370 

  Nerissa : you know, some show on Netflix, and you might like these 5 shows, because then I know what I might like to watch next, right? And I like not having to go and press those extra 3 buttons, but they're kind of saying that those are addictive qualities. 

 

226 

00:40:59.600 --> 00:41:05.440 

  Nerissa : Or, you know, I guess, arguably, they'll say, hey, do you want to binge Bridgerton? 

 

227 

00:41:05.910 --> 00:41:10.029 

  Nerissa : Yeah, I want to binge Bridgerton, that's so bad! 

 

228 

00:41:11.010 --> 00:41:25.050 

  Nerissa : But they, they, you know, the Texas the Texas AG, is trying to address them. So, I mean, they're really trying to take any type of they're also trying to use their 

 

229 

00:41:25.050 --> 00:41:32.630 

  Nerissa : Unfair and deceptive practices, powers, against all of these against these, 

 

230 

00:41:33.000 --> 00:41:39.880 

  Nerissa : You know, any type of app or online service, which is a scary thing, because these are big lawsuits. 

 

231 

00:41:41.490 --> 00:41:48.789 

  Nerissa : And I think that a lot of people would have thought that what was going on really wasn't always all so bad. 

 

232 

00:41:50.690 --> 00:42:04.160 

Priya Keshav: So, let's talk a little bit about New Mexico versus Metamatter. I think that also was, there it's a very important case, and there are some very important takeaways for 

 

233 

00:42:04.230 --> 00:42:14.570 

Priya Keshav: companies designing products for minors. So, you know, maybe you want to tell us a little bit more about it, and why it's important. 

 

234 

00:42:14.570 --> 00:42:27.670 

  Nerissa : Yeah, so the New Mexico case is really it's again, it was not brought under a children's privacy law. It was not brought, you know, it was just brought under these 

 

235 

00:42:28.030 --> 00:42:30.209 

  Nerissa : unfair competition laws. 

 

236 

00:42:30.220 --> 00:42:45.840 

  Nerissa : And they, they are arguing that what Meta was doing is an unfair trade practice, and they got $375 million in damages in the Phase 1 of the trial. 

 

237 

00:42:45.840 --> 00:43:02.640 

  Nerissa : now we're going into the public nuisance part of the trial, which is Phase 2, which could be even more damages. We're kind of… we're waiting for the decision, in Phase 2. You know, I think the biggest thing for probably 

 

238 

00:43:03.290 --> 00:43:06.050 

  Nerissa : your clients, is that 

 

239 

00:43:06.190 --> 00:43:25.539 

  Nerissa : is it's really starting to look like Section 230 is not protecting the developers of, you know, app developers anymore. So, Section 230 is the law that pretty much, you know, says that 

 

240 

00:43:25.930 --> 00:43:33.970 

  Nerissa : You can't bring actions against an app developer for things that are posted on their website. 

 

241 

00:43:33.970 --> 00:43:48.300 

  Nerissa : Or for an online service provider, for things that are posted on their site. So, like, at a very basic level, it says that if I post something that is arguably illegal on Facebook. 

 

242 

00:43:48.300 --> 00:43:57.410 

  Nerissa : that, that is not Facebook's fault, right? And it, you know, Section 230 is arguably

 

243 

00:43:57.900 --> 00:44:12.999 

  Nerissa : the it's called the law that created the internet. It gave these app developers the and websites and online services the ability to have, like, a safe harbor to be able to create their their sites. 

 

244 

00:44:13.000 --> 00:44:21.439 

  Nerissa : And now it looks like a lot of the functionality that was… that was, that Facebook created 

 

245 

00:44:21.720 --> 00:44:31.989 

  Nerissa : is not covered by Section 230 more. That Facebook argued it was, and they're and they're saying that 

 

246 

00:44:32.060 --> 00:44:49.710 

  Nerissa : at least the courts are saying that it the things that were challenged are not protected by Section 230. So, this is, you know, it could mean that there's a lot more lawsuits against these type… any type of online service provider, really. 

 

247 

00:44:49.940 --> 00:44:58.889 

  Nerissa : that, you know, the design of how they design their service is not going to be protected. 

 

248 

00:45:00.690 --> 00:45:01.920 

  Nerissa : And

 

249 

00:45:01.920 --> 00:45:03.359 

Priya Keshav: I'd be a yeah, go ahead. 

 

250 

00:45:03.760 --> 00:45:05.779 

  Nerissa : No, I It'll be a great

 

251 

00:45:05.780 --> 00:45:06.770 

Priya Keshav: Yeah, go ahead. 

 

252 

00:45:06.970 --> 00:45:10.780 

  Nerissa : The other thing that you kind of that I think we're seeing is that 

 

253 

00:45:11.300 --> 00:45:28.949 

  Nerissa : these types of websites that have kids on it, but say that, you know, say they're for over 13, but we kind of know that there are kids on it, they're gonna have to start doing more age verification. If it's not through the app stores, and these app store laws, they're gonna have to start doing it on their own. 

 

254 

00:45:28.950 --> 00:45:34.579 

  Nerissa : And that's what a lot of these settlements are, you know, that's one of the things that they're looking for in New Mexico. 

 

255 

00:45:34.580 --> 00:45:49.749 

  Nerissa : But there's been multiple settlements recently, one with Roblox, and then there was one recently with Roku that required more age verification. So I think that that's something that these that that websites and online services are going to have to look at. 

 

256 

00:45:50.170 --> 00:45:55.430 

Priya Keshav: Yeah, I think that's something that, is going to be, 

 

257 

00:45:56.040 --> 00:46:08.239 

Priya Keshav: it's not just, you know, you have products that are shared. Like, for example, I could be a subscriber, but, like, when it comes to Netflix, when it comes to Roku. 

 

258 

00:46:08.240 --> 00:46:30.970 

Priya Keshav: you know, I may set up a profile, but I may not set up a profile, but what if kids watch it as well, right? So, it's looking at product development, you know, companies should start thinking about age verification and design, and I think you bring up a great point as to, you know, it's important for them to think about how they're going to do the age verification. 

 

259 

00:46:33.710 --> 00:46:40.500 

Priya Keshav: But what does privacy by design look like in practice for these products, as they think about children 

 

260 

00:46:40.640 --> 00:46:56.240 

Priya Keshav: And as they think about, you know, whether they're going to be accessed by minors, and especially mixed audience environments, where, you know, maybe the account holder is above 18, but that doesn't mean that the account holder is the only user for that service. 

 

261 

00:46:56.560 --> 00:47:00.120 

  Nerissa : Yeah, I think that 

 

262 

00:47:01.060 --> 00:47:17.919 

  Nerissa : you are going to have to, first of all, I think privacy by design now is it's not  there's not going to be a distinction as much between children and minors, right? That the under 13, under 18 is going to start to disappear. 

 

263 

00:47:18.630 --> 00:47:29.209 

  Nerissa : And you're just gonna treat everyone as under 18. I think a great example of that right now is Gemini, Google Gemini. If you look at Google Gemini. 

 

264 

00:47:29.330 --> 00:47:33.430 

  Nerissa : they, to have a Gemini account. 

 

265 

00:47:33.650 --> 00:47:35.999 

  Nerissa : You have to be 18. 

 

266 

00:47:36.520 --> 00:47:54.569 

  Nerissa : for, you know, the general account. Like, so, you know, they're they're definitely and I think that that's something that, that companies are going to have to to look at. They're gonna have to look at, like, what age do I really want my product to be addressed 

 

267 

00:47:54.610 --> 00:48:04.360 

  Nerissa : like, to be designed for, and if it's  if it's 18 and up, what am I gonna do with those people, those users that are under 18? 

 

268 

00:48:04.740 --> 00:48:14.210 

  Nerissa : Right? Like, am I gonna have a separate product, or a separate way for these users to access my service? 

 

269 

00:48:15.160 --> 00:48:23.979 

  Nerissa : And so that's  that's gonna be, I think, a really big step that people are going to have to take, because they're gonna know 

 

270 

00:48:24.400 --> 00:48:35.269 

  Nerissa : Now, and there's gonna have to be these additional protections for the under 18, so how are we… how are we gonna silo the under-18? And what are we gonna do with… 

 

271 

00:48:35.950 --> 00:48:47.499 

  Nerissa : Because they might not be able to do everything that  that they want to do under, you know, in my service. Or I'm not going to be able to collect information the way I want to from those users. 

 

272 

00:48:47.630 --> 00:48:49.640 

  Nerissa : And how do we treat them differently? 

 

273 

00:48:50.600 --> 00:48:57.660 

Priya Keshav: So what should privacy, legal, and product teams be watching for more closely over the next 12 to 18 months? 

 

274 

00:48:59.750 --> 00:49:03.560 

  Nerissa : I think the first thing that I would look at if I was

 

275 

00:49:04.300 --> 00:49:10.570 

  Nerissa : you know, if I was, you know, privacy legalist, first of all, I think I would kind of, like, do

 

276 

00:49:10.830 --> 00:49:25.600 

  Nerissa : an analysis of  to the extent that I know, who are my users? Like, are  what age groups are my users are my users in? And you're going to have to decide 

 

277 

00:49:26.130 --> 00:49:35.339 

  Nerissa : you know, what are you gonna do with your privacy policy, and what are you gonna do with your age rating in the App Store? There was just a recent case 

 

278 

00:49:35.340 --> 00:49:48.469 

  Nerissa : That was filed by the Florida AG against TikTok, where they said that their app store, the age rating in the app store, was part of was one of the things that was an unfair that was, like, a deceptive practice. 

 

279 

00:49:48.560 --> 00:49:54.009 

  Nerissa : Has and so, like, you're gonna have to look at making sure that 

 

280 

00:49:55.070 --> 00:49:57.709 

  Nerissa : You know, if you say that you're

 

281 

00:49:58.320 --> 00:50:05.029 

  Nerissa : 18 in your privacy 18 up in your privacy policy, what is it saying for the App Store? 

 

282 

00:50:05.040 --> 00:50:13.090 

  Nerissa : And does that match? Do you want it to match? Things like that, right? And… 

 

283 

00:50:13.090 --> 00:50:26.879 

  Nerissa : then I think you're, you know, you're gonna have to think about, in the future, that, especially in the next 12 to 18 months, like, what are we gonna how are we gonna silo these users, and what are we gonna do with them? 

 

284 

00:50:26.980 --> 00:50:28.860 

  Nerissa : That are under 18. 

 

285 

00:50:29.100 --> 00:50:40.300 

  Nerissa : You know, are we going to have like, I don't know that you're gonna be able to have, like, a YouTube Kids as compared to YouTube for everybody, right? 

 

286 

00:50:40.300 --> 00:50:44.930 

Priya Keshav: Yeah, it's a big question, right? Whether I'm gonna provide the same kind of 

 

287 

00:50:45.900 --> 00:50:55.329 

Priya Keshav: benefits, safeguards in the regular app, or am I going to segregate the kids' app into something different? That's a… that's a big question to ask. 

 

288 

00:50:55.500 --> 00:51:13.000 

  Nerissa : Yeah, I think it I think that is a it's gonna be a big question, and I don't think that everybody is going to be able to create a second app for the kids. It's just… it's too burdensome, it's too much money, right? So then how are we gonna… 

 

289 

00:51:13.110 --> 00:51:29.029 

  Nerissa : how are we going to make sure that those users, like, that we're not collecting information from the users that are under 18? Or if they can't go to certain areas of the site, how are we going to enforce that? And and, you know, what walls do we have to put up? 

 

290 

00:51:29.460 --> 00:51:33.290 

  Nerissa : And, both internally and for that user. 

 

291 

00:51:35.030 --> 00:51:41.219 

Priya Keshav: So, Narissa, thank you so much for joining us today and for helping us unpack such complex and, you know. 

 

292 

00:51:41.360 --> 00:51:43.290 

Priya Keshav: fast-moving

 

293 

00:51:43.420 --> 00:52:07.989 

Priya Keshav: regulations in this area. What stands out from our conversation is that the children's privacy is no longer just a compliance checkbox, or a privacy policy update, or a narrow COPA issue, but a broader accountability issue that touches product design, data governance, advertising practices, parental control, online safety, and how the platform… 

 

294 

00:52:07.990 --> 00:52:13.669 

Priya Keshav: How, you know, products or apps interact with various platforms or app stores. 

 

295 

00:52:14.780 --> 00:52:37.959 

Priya Keshav: For companies, the practical takeaway is clear, not to wait for a perfect regulatory consistency, which is probably not coming. There's not going to be a centralized one standard for everyone. Organizations and businesses should start considering where minors and teens will interact with their products. Age verification looks like should be a must. 

 

296 

00:52:38.040 --> 00:52:42.340 

Priya Keshav: And, and they have to understand what kind of data is collected. 

 

297 

00:52:42.340 --> 00:52:58.639 

Priya Keshav: How consent will be applied, and, you know, how the product is going to change and interact with the minors and teens, especially with respect to parental controls and other design changes, you know, based on, 

 

298 

00:52:58.640 --> 00:53:05.479 

Priya Keshav: based on how many teen and minors are using the app. 

 

299 

00:53:06.380 --> 00:53:29.430 

Priya Keshav: I feel the companies that are better positioned to treat children's privacy, you know, ahead of what's coming, and more as a cross-functional issue, are probably in a better position to sort of be compliant. But, do you have any other closing thoughts? Anything that we have not discussed, or that you want to bring up, before we sort of 

 

300 

00:53:30.690 --> 00:53:34.499 

  Nerissa : I think that, at this point, it's just, you know. 

 

301 

00:53:35.050 --> 00:53:50.040 

  Nerissa : making sure that you know what laws are out there, and starting to get prepared, especially if you think that you have users that are under the age of 18. And I just don't know, there are very few companies out there that, 

 

302 

00:53:50.470 --> 00:53:52.040 

nmcginn: That probably

 

303 

00:53:52.720 --> 00:54:02.539 

  Nerissa : You know, unless they're, you know, like, business enterprise-type companies that don't have users  under 18. 

 

304 

00:54:02.560 --> 00:54:18.320 

  Nerissa : Right? I mean, you still even have even sometimes, like, if you have, like, a retail store, they're gonna have like, if they have users that, within the store, that are using their app for the employees, they probably have employees that are under 18, and how are you gonna deal? 

 

305 

00:54:18.430 --> 00:54:24.439 

  Nerissa :  with those users to make sure that they can even download your app and use it. 

 

306 

00:54:25.780 --> 00:54:30.250 

Priya Keshav: No, agreed. Yeah, I think, I think, especially

 

307 

00:54:31.170 --> 00:54:55.529 

Priya Keshav: Yeah, very few  I think a mixed and shared audience, you know, when you start considering those, the number of companies that have teen and minor users, you know, a number of them exist. So far, most of them have just probably just updated their privacy policy to say we serve people above 18, and so they need to re-look at how they're handling 

 

308 

00:54:55.760 --> 00:54:57.329 

Priya Keshav: Children's data. 

 

309 

00:54:57.700 --> 00:54:58.800 

  Nerissa : Yeah, I agree. 

 

310 

00:54:59.050 --> 00:55:00.070 

  Nerissa : I agree. 

 

311 

00:55:00.650 --> 00:55:02.519 

  Nerissa : Well, thank you so much. 

 

312 

00:55:02.650 --> 00:55:27.619 

Priya Keshav: Yeah, to our listeners, thank you for joining us on Simplifying for Success. Hope today's discussion gave you a very a clearer view of the evolving children's data landscape and practical steps to consider as you strengthen your privacy and governance programs. Thank you, Nerissa, for joining us. We look forward to having you join us in future episodes, and for our listeners, you know, we look forward to you 

 

313 

00:55:27.620 --> 00:55:30.739 

Priya Keshav: continuing to listen to our podcast. Thanks.