MediaTech Law

“OK Google”, “Hey Cortana”, “Siri…”, “Alexa,…”

These statements are more and more common as artificial intelligence (AI) becomes mainstream. They serve as the default statements that kick off the myriad of services offered by Google, Microsoft, Apple and Amazon respectively, and are at the heart of the explosion of voice-activated search and services now available through computers, phones, watches, and stand-alone devices. Once activated, these devices record the statements being made and digitally process and analyze them in the cloud. The service then returns the search results to the device in the form of answers, helpful suggestions, or an array of other responses.

A recent investigation by the UK’s Guardian newspaper, however, claims these devices likely run afoul of the U.S. Children’s Online Privacy Protection Act (COPPA), which regulates the collection and use of personal information from anyone younger than 13. If true, the companies behind these services could face multimillion-dollar fines.

COPPA details, in part, responsibilities of an operator to protect children’s online privacy and safety, and when and how to seek verifiable consent from a parent or guardian. COPPA also includes restrictions on marketing to children under the age of 13. The purpose of COPPA is to provide protection to children when they are online or interacting with internet-enabled devices, and to prevent the rampant collection of their sensitive personal data and information. The Federal Trade Commission (FTC) is the agency tasked with monitoring and enforcing COPPA, and encourages industry self-regulation.

The Guardian investigation states that voice-enabled devices like the Amazon Echo, Google Home and Apple’s Siri are recording and storing data provided by children interacting with the devices in their homes. While the investigation concluded that these devices are likely collecting information of family members under the age of 13, it avoids conclusion as to whether it can be proven that these services primarily target children under the age of 13 as their audience – a key determining factor for COPPA. Furthermore, according to the FTC’s own COPPA FAQ page, even if a child provides personal information to a general audience online service, so long as the service has no actual knowledge that the particular individual is a child, COPPA is not triggered.

While the details of COPPA will need to be refined and re-defined in the era of always-on digital assistants and AI, the Guardian’s claim that the FTC will crack down harshly on offenders is not likely to happen, and the potential large fines are unlikely to materialize. Rather, what will likely occur is the FTC will provide guidance and recommendations to such services, allowing them to modify their practices and stay within the bounds of the law, so long as they’re acting in good faith. For example, services like Amazon, Apple and Google could update their services to request on installation the age and number of individuals in the home, paired with an update to the terms of service requesting parental permission for the use of data provided by children under 13. For children outside of the immediate family who access the device, the services can claim they lacked actual knowledge a child interacted with the service, again satisfying COPPA’s requirements.