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exploitative platforms where their friends are, or expect overworked parents to navigate <br /> confusing settings across multiple platforms and monitor every moment their kids are online. <br /> The last time Congress passed a law to protect children online was 25 years ago. The digital <br /> landscape has changed dramatically, in many unforeseen ways, since the passage of the <br /> Children's Online Privacy Protection Act in 1998 when smart phones, YouTube, social media, <br /> multiplayer gaming with voice chat, and virtual reality didn't even exist. In addition, COPPA only <br /> covers children until they turn 13 and has failed to effectively keep kids ages 12 and under off <br /> of platforms like Snapchat, Instagram and TikTok, leaving significant demographics vulnerable <br /> to exploitation and harm. Congress's continued inaction has emboldened Big Tech to develop <br /> an exploitative business model without considering or mitigating its harmful effects on children <br /> and teens. Consequently, the social media platforms that define youth culture and norms and <br /> shape children's values, behavior, and self-image were developed with little to no thought <br /> given to how young people might be negatively affected. <br /> We cannot expect a 25-year-old framework to adequately protect children from today's <br /> sophisticated persuasive technologies powered by big data and machine learning or in the <br /> rapidly developing metaverse. We need new legislation that puts brakes on this harmful <br /> business model and curbs dangerous and unfair design practices. <br /> At a minimum, such legislation should: <br /> 1. Extend privacy protections to teens. Currently, COPPA only covers children until their <br /> 13t" birthday. It is critical to limit the collection of adolescents' data, which fuels <br /> harmful recommendations and puts young people at risk of privacy harms. <br /> 2. Ban targeted advertising to children and teens to protect them from harmful marketing <br /> targeted to their vulnerabilities. Surveillance ads not only take advantage of young <br /> people's developing capacities and sell them on harmful products, but they also <br /> incentivize tech platforms to prioritize engagement over safety. <br /> 3. Require tech companies to make the best interests of children and teens a primary <br /> consideration in the design and operation of their platforms, including their algorithms. <br /> It is important that such liability be broad enough to capture current harmful practices, <br /> such as quantified popularity, as well as emerging features and products.The latter is <br /> particularly important given the rapid development of metaverse applications targeted <br /> to young people.114 Companies should have a duty to prevent and mitigate harms to <br /> young people before new features or products are released. <br /> 4. Prohibit the use of dark patterns, which are used to undermine young people's <br /> autonomy and manipulate them into spending more time or money on a platform. <br /> 5. Impose transparency requirements, including access to algorithms, that enable outside <br /> researchers to better understand the impacts of social media on young people. We <br /> 114 See, e.g,Salvador Rodriguez,Meta Pursues Teen Users as Horizon Metaverse App Struggles to Grow,The Wall <br /> Street Journal Feb.B 2023 I����a. . a'.�c�i i- i .1�:a i �:� �c� i�:w i I�orizon-rnetavei,e ag )I1i�a-try_ <br /> .................a............../.../..................................................1............................/........................................./.......................................................................................I................................................................................................................................a................I................................................. <br /> 2..I2.2:i.::f o i,,:::.:t.�".ei i..:9:1..a.�".::.ii.a.::.o o i i.:.:.ii.a.::.i n.:�..i,:c l�..::.'].:.'1.6..7.^..74.9. . ... <br /> Testimony of Josh Galin, Fairplay, February 14, 2023 19 <br />