For those of you who haven’t seen the Amazon Echo in action yet, it can be quite an eye opener. We are quickly converging on an environment that was not long ago considered science fiction. The Echo can quietly sit in the corner of your room, waiting for anyone in the family to give it a command, whether it’s to play some music, check the weather or order something from (surprise surprise!) Amazon. It’s also a perfect example of technology racing ahead of the law, and unlike the ongoing controversy around email and ECPA, the stakes are much higher because of who is allegedly at risk: our children. I’ll admit that this may seem a bit melodramatic, but the Guardian US isn’t wrong when pointing out that Echo and other products like it (think Apple’s Siri and Google Now) might actually be in violation of COPPA. For those of you in the room who are not lawyers, this is the Children’s Online Privacy & Protection Act of 1998 which, among many things, prohibits the recording and storage of a child’s voice without explicit permission of their parents or legal guardian.
What this means for you:
Even though I am a parent of young child for whom COPPA was enacted to protect, it hasn’t been too hard to suppress the urge to disconnect and discard every voice-activated, internet-connected device we own (which would be quite a few, including my daughter’s precious iPad). As with many technology items that dance on the edge of privacy invasion, I weigh the convenience and value they bring against the loss of privacy and security they inherently pose. I do see the problems technology like this presents: thousands (possibly millions) of parents set down products like Echo and Siri right in front of their children precisely because using them is simple and intuitive, and in the case of Echo, they are actually designed for use by everyone in the family. However, most people probably don’t realize that today’s voice recognition technology relies on pushing recordings of voice commands to the cloud where they are cataloged and processed to improve algorithms. Not only do those recordings store our children’s voices, they are also thick with meta data like marketing preferences, “Alexa, how much does that toy cost?” and location data, “Alexa, where is the nearest ice cream shop?” I’m pretty sure none of us gave explicit permission to Apple before allowing our kids to use Siri on their iPads and iPhones. If you were to adhere to a strict interpretation of COPPA, Apple, Amazon and Google (as well as many others) have an FTC violation on their hands that could cost them as much as $16,000 per incident.
As for your Echo (or smartphone or tablet) – only you should judge whether it’s an actual risk to your child. For the moment, the law is unclear, and knowing our government, likely to remain so long after the buying public makes up its own mind.
[…] not come as a surprise to you, and if you’ve been reading this blog for any length of time, I even wrote about this nearly three years ago. Despite very clearly dancing on knife-edge of child-protection laws in 2016, regulation has not […]
[…] Normally, I wouldn’t even bother pointing out this story to you as the smartwatch was never available for sale in the US (possibly because of the sanctioned Chinese partner) but I thought it would be a useful illustration of what is likely to be a common occurrence in the days ahead. Surveillance technology has taken remarkable leaps forward in ways that we both imagined and in ways that we overlook, like the fact that many of us have internet-connected devices in the same rooms as our children that is always listening and possibly watching as well. Technology is extremely complicated, and sometimes business partners aren’t always able to vet every aspect of their devices, especially if certain components aren’t built in countries that have the same standards as our own when it comes to privacy, security and quality. This is not to say that we shouldn’t buy things made elsewhere – what choice do we really have? – but that we should be mindful that it is no longer possible for the average human to ascertain whether the product we just put on our child’s wrist observes the same level of children’s rights we’ve come to expect in the US. Heck, even our own companies have gotten that wrong in the past, even when they should have known it was illegal. […]