Facebook misinterpreted how the Children's Online Privacy Protection Act applies to teenagers. This was the view of the Federal Trade Commission and California Attorney General Kamala Harris in their amicus briefs filed with a California court. Children's advocates are asking the US 9th Circuit Court of Appeals to vacate the settlement that was entered into by Facebook in a class-action lawsuit involving teen privacy in 2012, the Los Angeles Times reported.
Users of the social media site filed a case against Facebook for using their pictures for advertisements without their consent. Facebook later settled the case in 2012. However, children's advocates issued a challenge to the settlement as part of their quest to get Facebook to obtain the consent of parents of teens before their pictures, likes and comments could be utilized for advertising purposes. They also contend that the settlement broke the law in California and six other states which needed the explicit permission of parents before their kid's picture could be used for ads, the report said.
In a filing made to the court in June, Facebook had said that the scope of the COPPA covered children 12 years old and younger and as such, states would not be able to implement their own laws about teen privacy. Since these federal protections are not applicable to teenagers, then their online actions "should not be subject to parental consent requirements, even under the auspices of state law," the report said.
The FTC was clear in saying that Facebook's interpretation is "wrong and should be rejected" but did not take sides on the case. For its end, the State Attorney General said they were concerned that state law was possibly preempted. The brief said, "Protecting children's information is of particular importance, because of their still-developing capacities and the potential for misuse of their information on their futures. The attorney general has developed numerous consumer privacy protection guides, including instructions for parents on how to protect their children's privacy online."
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