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Virtual Assistants Such As Amazon's Echo Break US Child Privacy Law, Experts Say (theguardian.com)

Mark Harris, reporting for The Guardian: An investigation by the Guardian has found that despite Amazon marketing the Echo to families with young children, the device is likely to contravene the US Children's Online Privacy Protection Act (COPPA), set up to regulate the collection and use of personal information from anyone younger than 13. Along with Google, Apple and others promoting voice-activated artificial intelligence systems to young children, the company could now face multimillion-dollar fines. "This is part of the initial wave of marketing to children using the internet of things," says Jeff Chester, executive director of the Center for Digital Democracy, a privacy advocacy group that helped write the law. "It is exactly why the law was enacted in the first place, to protect young people from pervasive data collection."

67 comments

  1. Chester by Anonymous Coward · · Score: 0

    The Molester

  2. All your kids are belong to us by mmiscool · · Score: 1

    All data is valuable to these companies.

    1. Re:All your kids are belong to us by cayenne8 · · Score: 4, Insightful
      Hey....

      The kids gotta learn to start ignoring ads at some point in their life.

      Maybe we're looking at this wrong. Educate them early on what worthless advertising is...and train them to ignore it.

      This will greatly benefit them as young and older adults.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:All your kids are belong to us by ShanghaiBill · · Score: 3, Interesting

      The kids gotta learn to start ignoring ads at some point in their life.

      I have an Amazon Echo, use it everyday, and have never once heard an ad for anything. This is not about ads. It is about recording voices, and storing the data. They store the data so they can improve their algorithms, and users can provide feedback if the Echo misunderstands a request. They may use the data for other things as well.

    3. Re:All your kids are belong to us by justthinkit · · Score: 2

      This is great advice, and in no way related to GP's point nor to the point of the story.

      By the way, what happens if cell phone apps are monitoring children's voices (as I'm sure countless apps are)? Do Siri and Cortana escape the child's right to privacy?

      --
      I come here for the love
    4. Re:All your kids are belong to us by Anonymous Coward · · Score: 0

      And if consumers do not appreciate the terms, they can voluntarily not choose to participate.

      I 3 the state...almost as much as I 3 the mafia.

    5. Re:All your kids are belong to us by slomike1 · · Score: 1

      Do Siri and Cortana escape the child's right to privacy?

      Microsoft will not allow a person under 13 years old to use Cortana.

    6. Re:All your kids are belong to us by ShanghaiBill · · Score: 1

      By the way, what happens if cell phone apps are monitoring children's voices?

      That is okay as long as the apps are not marketed to children.

      Do Siri and Cortana escape the child's right to privacy?

      As mentioned in TFA, some ads for Siri specifically show kids using the service, so they may be in violation of COPPA.

    7. Re:All your kids are belong to us by Anonymous Coward · · Score: 0

      I have an Amazon Echo

      You nu males are the worst.

    8. Re:All your kids are belong to us by Anonymous Coward · · Score: 0

      Microsoft will not allow a person under 13 years old to use Cortana.

      And porn sites have to put up a page that says "You must be over 18 to view this page".

      Yeah, like THAT stopped anyone.

  3. Here's an idea... by Frosty+Piss · · Score: 1, Funny

    Combine one of these devices with Microsoft's pervy chat bot!

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:Here's an idea... by R3d+M3rcury · · Score: 1

      ...dang, I wish I could get rid of an incorrect mod.

    2. Re:Here's an idea... by DigiShaman · · Score: 1

      Have you ever put two or more Furbys in front of each other? It's a hoot!

      --
      Life is not for the lazy.
  4. So why are kids protected... by krotscheck · · Score: 2

    ...and the rest of us aren't?

    --
    This signature can save you $400 on your car insurance!
    1. Re: So why are kids protected... by Anonymous Coward · · Score: 0

      Think of the adults!

    2. Re:So why are kids protected... by friedmud · · Score: 2

      Because you're old enough to decide for yourself to buy and use the device?

    3. Re:So why are kids protected... by Anonymous Coward · · Score: 0

      ...and the rest of us aren't?

      I'm 41 and in this case I *want* to be treated like a child. I've had enough advertising hurled at me in this lifetime.

    4. Re:So why are kids protected... by fluffernutter · · Score: 1, Insightful

      That's only a valid answer if there is an alternative comparable device to use. Many many people no longer have a choice to avoid these devices altogether, whether it be for a work requirement, etc.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    5. Re:So why are kids protected... by Anonymous Coward · · Score: 0

      Go read the law. You don't understand it at all.

    6. Re:So why are kids protected... by Anonymous Coward · · Score: 0

      You cannot choose where you work?

    7. Re:So why are kids protected... by DogDude · · Score: 2, Insightful

      That's only a valid answer if there is an alternative comparable device to use. Many many people no longer have a choice to avoid these devices altogether, whether it be for a work requirement, etc.

      Huh? In what way is this device necessary for ANY function, whatsoever?

      --
      I don't respond to AC's.
    8. Re:So why are kids protected... by Anonymous Coward · · Score: 0

      Most people are not entirely free to choose their work on their own, no.

    9. Re:So why are kids protected... by Anonymous Coward · · Score: 0

      Huh? In what way is this device necessary for ANY function, whatsoever?

      The same could have been (and probably was) said about smart phones in the 00s, and cell phones in the 90s, and personal computers before that. If a piece of technology increases productivity or reduces costs, then employers tend to make its use mandatory.

    10. Re:So why are kids protected... by fluffernutter · · Score: 1

      We have become a technology driven society. As an app developer, I need these devices for my job. Many people need these for their lives.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    11. Re:So why are kids protected... by ShanghaiBill · · Score: 1

      Huh? In what way is this device necessary for ANY function, whatsoever?

      I have an Amazon Echo, and it would not be useful for work. But a somewhat improved version would be. If it could understand a broader range of questions, then it would be great for someone that has to work with their hands, while needing to request information to do their job. New features are being added, and since most of that functionality is on the server, everybody has immediate access. Within a few years, these devices will become much more capable.

    12. Re:So why are kids protected... by Anonymous Coward · · Score: 0

      I want to start a religion which requires its adherents to make every reasonable effort to not expose themselves to advertising and similar propaganda, and to refuse to share personal information with organizations that extend beyond their circle of personal contacts. Many religions require you to observe integrity/purity laws regarding animal butchering, but in the 21st century, that sort of purity is much less relevant. This is the kind of integrity a prophet would be concerned about if one arrived right now. The reason why I want this to be a religion is because a clerical body could certify certain tools and services as religiously permissible. That sort of rating service would be a huge boon for everyone, not just members of the flock.

    13. Re:So why are kids protected... by Anonymous Coward · · Score: 0

      I agree. I'm a slave-master. As a slave-master, I need slaves for my job.

    14. Re:So why are kids protected... by Anonymous Coward · · Score: 0

      Can I be your disciple?

  5. Convenience vs. Privacy by Folly · · Score: 0

    This is the continuing battle of convenience versus privacy. We want things convenient until suddenly you realize that "OK Google" and "Hey Siri" and now "Alexa" are listening to you all day and all night (even when you talk in your sleep) just to make sure that they catch the one time you call them.

    folly

    --
    Rock over London, Rock on Chicago. -Welsey Willis
    1. Re:Convenience vs. Privacy by cayenne8 · · Score: 2

      ntil suddenly you realize that "OK Google" and "Hey Siri" and now "Alexa" are listening to you all day and all night (even when you talk in your sleep) just to make sure that they catch the one time you call them.

      That's why I don't own these devices....and with Siri....I disable it from listening.

      And while it was a bit of a fun novelty when I fiirst got a phone with Siri on it...I rarely if ever find myself using it, I don't see much use in it.....I may just disable it entirely.

      Especially while out in public, I don't want to be shouting into my phone annoying folks around me, nor them listening in on my searches, etc.....I just type it in the old fashioned way.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:Convenience vs. Privacy by Agent0013 · · Score: 1

      I don't use the Google version, or the Hound voice search either. But now that you mention having other people hear your voice search, I can't even think of a time I have ever heard or seen someone using any of these voice features of a phone. Besides playing with it when it first came out that is.

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    3. Re:Convenience vs. Privacy by The-Ixian · · Score: 1

      They keep trying to say that these things are virtual assistants but all they seem to be is a front-end for a standard search engine.

      I am probably doing something wrong...

      --
      My eyes reflect the stars and a smile lights up my face.
  6. "experts" at the gaurdian by micahraleigh · · Score: 0

    This is the same established literature that advocated in favor of legalizing pedophilia?

    Glad to see they care about the children.

  7. Children are not buying these devices. by ScentCone · · Score: 4, Insightful

    How is this not simply the parents' choice? Kids aren't buying Echo units and installing/using them. It's parents. If they make the conscious decision to introduce such a device into their homes, and decide to use them, that's all there is to it. They have chosen to be a household that uses this device and its associated services. If they don't like the implications of that, they can simply choose not to put the device in a space where kids will interact with it, or choose not to use it at all.

    People who are trying to make it more complicated than that are just looking for ways to get government more involved in what goes on inside the home.

    --
    Don't disappoint your bird dog. Go to the range.
    1. Re:Children are not buying these devices. by Anonymous Coward · · Score: 0, Interesting

      children are not buying these heroins.

      How is this not simply the parents' choice? Kids aren't buying heroin units and installing/using them. It's parents. If they make the conscious decision to introduce such a heroin into their homes, and decide to use them, that's all there is to it. They have chosen to be a household that uses this heroin and its associated heroins. If they don't like the implications of that, they can simply choose not to put the heroin in a space where kids will interact with it, or choose not to use it at all.

      People who are trying to make it more complicated than that are just looking for ways to get government more involved in what goes on inside the home.

    2. Re:Children are not buying these devices. by ninthbit · · Score: 3, Interesting

      It's not just Echos. We've cut the cord and my kids use Roku's to watch most of their TV. Services like Hulu track all that garbage, but are making absolutely no effort to determine the viewers age. Netflix at least has age categories you can assign to profiles, but I don't see any COPPA parental control panel for the young kids. Its only to limit the catalog to the less sexual/violent media. I'm sure their lawyers give them the "It's technically legal because it's just one account" thumbs up. But if Hulu is recommending to me to watch Daniel Tiger, then clearly my kids viewing data is being saved. Saying it's the parents choice, is like saying its the parents choice to let kids use the Internet. My 9 year old daughter doesn't have a choice, her homework from school requires her to go to certain websites. I'm not suggesting that COOPA is or isn't effective, or that further regulations are needed. I'm just pointing out that "parents choice" isn't a very valid argument.

    3. Re:Children are not buying these devices. by ColdWetDog · · Score: 1

      Because in Soviet America, the government is really the parent.

      Think about it.

      --
      Faster! Faster! Faster would be better!
    4. Re:Children are not buying these devices. by Anonymous Coward · · Score: 0

      Again, that was your choice as parents. You don't need to subscribe to streaming services that collect data on your viewing habits.

    5. Re:Children are not buying these devices. by geek · · Score: 1

      In the US you are correct. In the EU this gets a little stickier, for example:
      http://www.opposingviews.com/i...

      Parents in France can be sued for posting pics of their children without permission.

    6. Re:Children are not buying these devices. by Dutch+Gun · · Score: 3, Insightful

      I think the article answers this reasonably well:

      COPPA applies to online services that are either designed for children younger than 13 or that know those children are using them. Khaliah Barnes, associate director of the Electronic Privacy Information Center (EPIC), believes that by showing pre-teenage children using voice-activated AI devices, Amazon, Google and Apple are admitting their services are aimed at youngsters.

      “When your advertising markets this product to children, and parents with children, that would absolutely trigger COPPA,” she says. “Recording children in the privacy of the home is genuinely creepy, and this warrants additional investigation by the Federal Trade Commission (FTC) and [US] states.”

      Siri is being advertised using Sesame Street's cookie monster (check out TFA). That's absolutely targeted at children. And of course, we've heard about the toy products like Barbie that sends recorded data out across the net to a server where it's processed and responded to. I think the big problem is that the parents aren't necessarily aware of the implications of these devices. No one is explicitly told that everything they say is recorded and transmitted to corporate headquarters. Would people be slightly more averse to putting these devices in the home if they knew they were essentially constantly-on, remotely controlled microphones? Maybe... maybe not.

      I'm definitely not a "regulate first and ask questions later" sort of guy, so I'd say it's probably best to simply watch this space really carefully. We can always introduce new, specific legislation as the need arises to deal with potential threats. I think it's generally a bad idea for legislation to try to preempt problems that don't actually exist yet - you know... "for the children", etc. But that doesn't mean we shouldn't keep a close eye on what's happening here.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    7. Re:Children are not buying these devices. by Anonymous Coward · · Score: 0

      Comparing an Amazon echo and the chance it "might" record something private, to heroin. Genius. Wow, what a great way of making a point. Call child services, there's an Echo in the house. I suppose this also goes for the Samsung televisions that have also been known to pick up conversations, let's sue them too.
      Or we could do the more reasonable thing, and let kids know they could potentially be recorded making poopy noises or complaining about homework.

    8. Re:Children are not buying these devices. by Rhaize · · Score: 1

      People who are trying to make it more complicated than that are just looking for ways to get government more involved in what goes on inside the home.

      The problem is that by letting the phones, tv's and all of this data collection is just a step or 2 away from the government more involved in what goes on inside of the home. Do you think for a second that these devices won't be compromised once the government sees the need? And while we are at it, is the government really that much worse than google, microsoft, apple or now amazon? the FBI compiles a dossier on their citizens, and conspiracy theorist (/.ers) go crazy with indignation. The private data collection companies however, can tell you how you drive, what you watch, or just about any other aspect of your life and people seem strangely comfortable with it, almost ok. The misconception is that either the corporation is benign or that the government won't access that data.

      --
      Within the arms of tragedy, there is little comfort in being right.
    9. Re:Children are not buying these devices. by Anonymous Coward · · Score: 0

      People who are trying to make it more complicated than that are just looking for ways to get government more involved in what goes on inside the home.

      If companies weren't such sleaze-bags, there wouldn't be a problem. Watching children’s habits and building an advertising profile to manipulate them is the definition of sleazy.

    10. Re:Children are not buying these devices. by DRJlaw · · Score: 1

      But if Hulu is recommending to me to watch Daniel Tiger, then clearly my kids viewing data is being saved.

      Actually, if you don't tell Hulu that a viewer is under 13 (e.g., Netflix allows separate viewer profiles, and I think allows you to specify profiles specifically for children, but does not ask for age), then your viewing data is being saved, or potentially that of a 13-17 year old kid. Neither are covered by COPPA.

      Hulu has no idea whether you're a child or a furry fetishist, and there is no legal requirement to ask. Services for general audiences must have "actual knowledge" that someone is under 13, and actual knowledge is not implied knowledge, probabilities, or guesswork.

      Saying it's the parents choice, is like saying its the parents choice to let kids use the Internet. My 9 year old daughter doesn't have a choice, her homework from school requires her to go to certain websites.

      When Hulu is required for shoolwork, get back to us. Otherwise it is definitely a parent's choice.

    11. Re:Children are not buying these devices. by Anonymous Coward · · Score: 0

      so, in your mind, you speak for some "we", and that "we" thinks it's "reasonable" to record kids making poopy noises.

      the reasonable thing would be ceasing your ability to exist in society.

    12. Re:Children are not buying these devices. by ScentCone · · Score: 1

      Really? You'd rather that the person who wants choice is killed or put in jail, because you can't wrap your head around the concept of simply turning off a thing you don't want your kids using?

      --
      Don't disappoint your bird dog. Go to the range.
    13. Re:Children are not buying these devices. by ScentCone · · Score: 2

      Siri is being advertised using Sesame Street's cookie monster (check out TFA). That's absolutely targeted at children.

      Nah. The ad (which is aired during adult-oriented, disposable-income prime time) is aimed at busy parents, and is intentionally ironic, playing off of that familiar character's notable impatience.

      --
      Don't disappoint your bird dog. Go to the range.
  8. Fuck your kids by Anonymous Coward · · Score: 0

    I'm tired of your rug rats being factored into the common denominator around which all of us are governed.

    YOU take care of your children. If you want to make more humans, the onus of protecting them is on YOU.

    1. Re:Fuck your kids by Anonymous Coward · · Score: 1

      Thankfully you were born an adult and your parents didnt benefit from any of these rules.

    2. Re:Fuck your kids by Anonymous Coward · · Score: 0

      First off, phrasing...

      I agree with you however. I too am sick of the 'think of the children' line while creating laws to govern us all. Fear is a big manipulator, but a bigger one is the 'children' BS. Which is way less publicly talked about. And when you do engage most parents about how BS of an excuse it is, they just say something like, 'Well once you have kids..' Which in a sense is true since when you finally do get rug rats, your brain chemistry must alter. Which is why one their children are being annoying its cute, but when someone else's kid does the same thing, they want to kill it.

  9. Parenting - you, or the state? by fyngyrz · · Score: 3, Interesting

    As a parent, are you not old enough (informed enough should be the metric, but our society is bewildered about age) to decide if your kids can use the device?

    Oh, right, parenting. Not allowed to do that any longer, my bad. "It takes a village" (to pillage your informed personal and consensual choices, not to mention parenting.) Of course you're not old enough. We'll decide that for you. Move along. Move along.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:Parenting - you, or the state? by friedmud · · Score: 1

      I actually agree with you - I was just replying to why we don't have similar laws for Adults.

      I actually think parents can make a responsible decision for their children in this case.

      In fact... this whole story is dubious because I thought children could use online services as long as their parents consented to it...

  10. parents paid to bring the service into home by Anonymous Coward · · Score: 0

    send the parents to jail.

  11. Windows 10 then ? by Anonymous Coward · · Score: 0

    Windows 10 not only violates this law (cortana aka clippy) but HIPAA also, so your doctors/dentists office is in trouble if they updated to Win10.

    this is just the beginning, all the US tech firms are doing this creepy stalking shit, Android, Windows, iOS (apps) all of them are slurping your private data wether its your kids or your medical record & company trade secrets, perhaps MS are branching out to insider trading with your data.

    their lawyers are either exceedling dumb or malicious or both.

    hope they all get nailed to the wall.

  12. No, they do not by DRJlaw · · Score: 5, Informative

    Do not take the Guardian and the Center for Digital Democracy at their word.

    Read the guidance contained in the second link of the summary. Specifically, read: "Who is covered by COPPA" here.

    The Rule applies to operators of commercial websites and online services directed to children under the age of 13 that collect personal information. In addition, it applies to operators of sites and online services geared toward general audiences when they have "actual knowledge" they are collecting information from children under 13.
    * * *
    The Rule doesn't require operators of sites or services directed to general audiences to investigate the ages of its users. However, asking for or otherwise collecting information that establishes that a visitor is under 13 triggers COPPA compliance.

    This is a general audience device and service, full stop. I don't have one, so I cannot say whether they even permit the associated account to be set up by a child 13 or under, or allow multiple user accounts with accounts for children 13 or under, but if I were to purchase one, set it up with my Amazon (or Google, for their device) account, and allow everyone in the house to use the device under that account, there would be no violation of COPPA.

    The targeting and "actual knowledge" requirements cannot be deemed fulfilled simply because an advertisement shows a child and the service knows that children might be using the service.

    FTA:

    "Khaliah Barnes, associate director of the Electronic Privacy Information Center (EPIC), believes that by showing pre-teenage children using voice-activated AI devices, Amazon, Google and Apple are admitting their services are aimed at youngsters."

    No, that is a general audience that happens to include children. Targeting children requires a service aspect specifically directed to children.

    Notice that the one thing the article does not say is that the FTC has opened an investigation. Merely that the CDD "[is] going to recommend to the FTC that they give industry guidance of how the internet of things and COPPA should work together."

    Very little to see here, then...

    1. Re:No, they do not by bluefoxlucid · · Score: 1

      There's also the dufus claiming this is exactly why COPPA was enacted in the first place. COPPA was enacted to prevent web site operators from gathering tracking and identifying data about children; it wasn't enacted to prevent modern AI systems from collecting behavioral data to adjust themselves to the user's needs and preferences, which is exactly what these devices do. Their core functionality is "Oh, you're asking me for something specific that fits a sea of general things, but I know what you mean and will do the right thing!" They might not be great at it, but that's what they're for. COPPA is there to prevent collection and trade of data to marketers--i.e. for *their* use, not for *our* use.

    2. Re:No, they do not by Impy+the+Impiuos+Imp · · Score: 1

      This assumes the AI, or the info fed into it, isn't reported back for some kind of marketing purposes.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    3. Re: No, they do not by Anonymous Coward · · Score: 0

      If a child is in a commercial they are ALSO being targeted, point blank. Hence why the law was written statement was said in the argument of the summary. No? Let's see how long your general audience test theory holds for a pornography related product.

  13. ...multimillion dollar fines... by Anonymous Coward · · Score: 0

    ...and attorney fees for the 'public interest' lawyers who sue to force agencies to levy those fines. Follow.The.Money!

  14. Shocking by WaffleMonster · · Score: 1

    You mean to tell me just adding boilerplate text asserting you don't "knowingly" collect data from children does not provide immunity?

  15. Pervasive data collection? by Anonymous Coward · · Score: 0

    I call it perverse data collection. And not just in the case of children.

  16. Why just kids? by Macdude · · Score: 2

    "It is exactly why the law was enacted in the first place, to protect young people from pervasive data collection."
    Why just kids? Why not just make a law that protects everyone from pervasive data collection?

    --
    "Grab them by the pussy" -- President of the United States of America
  17. short but shite by Anonymous Coward · · Score: 0

    Have you got RSI? That's the first post of yours I've seen with less than a thousand lines.

  18. What about all the tracking previous? by TodPunk · · Score: 2

    Why aren't we up in arms about all the data collection happening to any kid using a computer in the last 16 years? I don't think a cookie warning is an effective measure against that, either, but the warning means it's obvious the tracking does happen. If we can tell so much about an "anonymous" user from their google searches, can't we gather an awful lot of knowledge about a child without even knowing it's a child in the first place?

    Maybe put the onus on advertisers and such to make sure it's not a child well before they even start tracking things. (Yes, I'm aware that would be very hindering to a lot of businesses, Google included. I'm still serious.)

    --
    This forum Sig is licensed under the LGPL.
  19. What about adults?! by Anonymous Coward · · Score: 0

    The lack of similar protections for adults makes me wish I were 13!

    Won't someone think of the adults?!

  20. Attention Whore Story by Anonymous Coward · · Score: 0

    The law does not actually protect kids in the sense of stopping data collection, it just requires that the collector of the data do several things that are very time consuming. EG, provide written summary and details of use of data to parents of the children 13 and younger that are the "users". It also only works if it can be shown that the market base OR user base of the product is primarily minors 13 and younger, which is exactly why so many websites expressly forbid 13 and younger in the ToS. Still, the law can apply in certain cases, despite the ToS.