FOR IMMEDIATE RELEASE: Monday, March 11, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has joined a coalition of 43 Attorneys General in requesting the Federal Trade Commission (FTC) to update and strengthen the rules technology companies must follow under the federal Children’s Online Privacy Protection Act (COPPA).

“Online privacy protection rules for children have not been updated in more than a decade, and with technology changes happening so rapidly, we need more complete rules that protect children,” said Attorney General Jackley. “The federal government needs to take this type of action to protect children online.”

Congress enacted COPPA in 1998 for the purpose of giving parents more control over information collected online from their children. The legislation directed the FTC to establish regulations for operators of websites or online services regarding how they collect, use, and share personal information of children under 13 years of age.

The FTC is now proposing changes to the COPPA Rule that would place new restrictions on the use and disclosure of children’s personal information and further limit the ability of companies to condition access to services on monetizing children’s data. The proposal aims to have providers to better ensure that digital services are safe and secure for children.

In its letter to the FTC, the Attorneys General request FTC to expand the limitations on “personal information” to include biometric identifiers such as fingerprints, retina and iris patterns, a DNA sequence, and data derived from voice data, gait data, and facial data, as well as avatars generated from a child’s image and likeness.

In this year’s South Dakota Legislature, lawmakers passed, and the Governor signed Senate Bill 79 which revises various levels of the state’s child pornography crimes and includes the Attorney General’s Office’s Senate Bill 25 which makes Artificial Intelligence-generated child pornography a crime.

Other Attorney Generals who are part of the coalition are from  Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Utah, Vermont, U.S. Virgin Islands, Virginia, Washington, and Wisconsin.

The letter can be found here: https://www.doj.state.or.us/wp-content/uploads/2024/03/COPPA-Rule-Review-Letter_FINAL.pdf

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