Computer & Communication Industry Association
PublishedSeptember 26, 2024

CCIA Submits Comments New York SAFE for Kids Act and Child Data Protection Act

Washington — The Computer & Communications Industry Association submitted comments today in response to the New York Attorney General’s Advanced Notices of Proposed Rulemaking (ANPR) for the SAFE for Kids Act and Child Data Protection Act, raising concerns over privacy and Constitutional rights. CCIA shares the goal of protecting young users online and believes there are more balanced approaches that do not compromise these fundamental rights.

These laws would require online services to implement strict age verification for minors, which CCIA argues would lead to significant privacy and security risks. By mandating the collection of sensitive information from users, including minors and their parents, the Act could expose users to greater risk. Additionally, the bill would hold businesses liable for failing to verify users’ ages, while also requiring data deletion, leaving companies without proof of compliance. Vulnerable groups, including New York’s estimated 800,000 undocumented residents, could be disproportionately affected, potentially excluding them from platforms on which they rely to stay connected. 

The Child Data Protection Act would further limit minors’ access to certain content online. CCIA noted in its comments that courts have previously ruled such laws unconstitutional if they restrict access to protected speech for both adults and minors. The association also points out that under the act, older teens may face challenges accessing broader information for academic purposes, and enforcing strict content restrictions would require websites to gather more sensitive data from users, potentially violating federal laws.

CCIA emphasizes the need for regulations that balance protecting young users and respecting their privacy and free speech rights.

The following may be attributed to CCIA Northeast Regional Policy Manager Alex Spyropulos:

“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. 

“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.”