Legal Updates
5 min read

Protecting Minors, Privacy Guidance, and Cracking Down on Phony Reviews

Published on
September 30, 2024

Introduction:

Welcome to Fair Monday! We know Mondays can be a bit rough, so we created Fair Monday to bring you weekly insights and resources on dark patterns and digital fairness. Each Monday, we share updates on the latest developments, helping you stay informed and empowered to create a fairer, more transparent digital space.

This Week's Highlights:

  1. US Passes the Kids Online Safety Act (KOSA)
    Great news for online safety! The Kids Online Safety Act (KOSA), aimed at protecting children from harmful online content, has passed the Senate with overwhelming support. Key provisions include:
    ➡ Mandating online platforms to prevent harm to minors.
    ➡ Enforcing strong privacy settings by default.
    ➡ Providing parental controls.
    ➡ Banning the use of dark patterns.

    This marks a significant step forward in ensuring safer online spaces for children. Read more here
  2. New York’s Privacy Guidance for Businesses
    With no specific Consumer Data Privacy Law, New York’s Office of the Attorney General has issued guidance to ensure businesses comply with consumer protection laws. Key recommendations include:
    ➡ Assigning qualified personnel to manage tracking technologies.
    ➡ Ensuring accurate and transparent data collection practices.
    ➡ Regularly testing and reviewing privacy controls.

    The guidance encourages a consumer-centric approach, emphasizing transparency and the elimination of dark patterns in privacy controls. Read more here
  3. Texas AG Sues General Motors Over Privacy Violations
    Texas Attorney General Ken Paxton has filed a lawsuit against General Motors for unlawfully collecting and selling the driving data of over 1.5 million Texans without consent. Allegations include:
    ➡ Misleading consumers into enrolling in OnStar Smart Driver.
    ➡ Secretly collecting and selling driving data to third parties, including insurance companies.

    This lawsuit highlights the importance of transparency and consent in data collection practices. Read more here
  4. FTC Bans Phony Online Reviews
    The FTC has announced new rules banning deceptive practices like:
    ➡ AI-generated fake reviews.
    ➡ Censoring negative feedback.
    ➡ Paying for positive reviews.
    Violators will face hefty penalties, with the rule designed to protect consumers and ensure fair competition. FTC Chair Lina M. Khan emphasized the importance of cracking down on dishonest advertising to maintain consumer trust. Read more here

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Conclusion:

This week’s highlights emphasize the importance of protecting user rights and ensuring transparency in the digital world. From protecting minors online to cracking down on deceptive practices, these developments demonstrate significant progress in creating a fairer digital environment.

At Fairpatterns, we’re committed to promoting digital fairness and supporting organizations in adopting ethical practices. Let’s keep building a better digital future together. Have a fantastic week with Fair Monday!

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Jolling de Pree

Partner at De Brauw

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