Protecting keiki online: Measure aims to crack down on youth data collection

Kelsey Walling/Tribune-Herald First grader Kensen Fessenden-Grace looks over at Tyler Mizuguchi's screen while they use an internet program that helps kids learn different concepts on Thursday at Hilo Union School.
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The more time keiki spend online, the more susceptible they become to online data collection by websites and social media platforms.

To crack down on youth data collection, Sen. Mazie K. Hirono, D-Hawaii, reintroduced federal legislation giving every American an enforceable, legal right to demand internet companies delete all personal information collected from or about the person when they were under the age of 13.

“Children across the country use the internet for everything from school and research to keeping in touch with friends,” Hirono said in a statement. “However, many of the websites they access are continuously collecting their data and personal information. Children deserve a fresh start once they’re old enough to understand how their data is used online.”

The Clean Slate for Kids Online Act would expand the already existing Children’s Online Privacy Protection Act of 1998, which requires certain websites obtain parental consent prior to collecting or using personal data from children under 13.

“Some of the information that can be collected includes names, email addresses, user names, screen names, birth dates, birth place, race, ethnicity, IP addresses, and geolocation data,” said Carrie Butler, information technology instructor at Hawaii Community College in Hilo. She added data also can include uploaded content like texts, images, videos and even school assignments.

While the data can be used for things like targeted advertising, it also can increase vulnerability to cybercrimes like identity theft.

The Child Identity Fraud Study from 2022 found that 915,000 U.S. children were victims of identity fraud, costing an average of $1,128 for a single household — $752 for the fraud itself, and $376 in out-of-pocket costs to resolve the issue.

“Children could also be vulnerable to online predators and traffickers when sharing images, videos and personal information,” Butler said. “Overall, children should avoid posting images or videos without parental consent, and should be careful when opening links on an email or a site that tells you that you have won something, as these links can contain malware.”

Malware includes any software designed to disrupt, damage or gain unauthorized access to a computer system.

The Clean Slate for Kids Online Act was formally introduced on Feb. 13 and is under deliberation.

The U.S. Senate also reintroduced the EARN IT act, which would remove Section 230, a controversial part of U.S. Code that protects websites and platforms with respect to any third-party content.

“I do support holding these platforms responsible for the hugely harmful content, but it does get into a First Amendment, freedom of speech issue,” Hirono said Tuesday during a committee hearing.“We need to be very aware that as we reform Section 230, that we enable (certain) lawsuits to proceed, and that we do it in a careful way to avoid unintended consequences.”

Roughly 93% of 6- to 11-year-olds in Hawaii spent more than one hour per day in front of a computer, cellphone or other electronic device in 2022, while 29% spent more than four hours per day in front of a screen, according to data maintained by the state Department of Health. And as technology improves, more sensitive information can be collected.

“Biometric data can also be collected,” said Butler, adding that fingerprints, facial recognition, and other sensitive information can be collected, stored and sold by websites and apps.

State Senate Bill 1085 was introduced this year in the Legislature to create new regulations for Hawaii regarding biometric data collection and establish standards for its collection, storage, retention and destruction by private entities. The bill defines biometric identifiers as eye scans, fingerprints, voiceprints, or scans of hand or face geometry.

The bill was met with opposition by the State Privacy and Security Coalition, the Hawaii Bankers Association, and other groups that noted it could have unintended consequences, including inhibiting current uses of biometric data for things like passwords and other identifiers.

The bill was deferred Feb. 10 by the Senate Committee on Labor and Technology.

“While we agree that data privacy and information should be regulated and enforced, this was an extensive bill, and we would like to see more studies,” said Labor and Technology Chair Sen. Sharon Moriwaki of Oahu during the hearing about the measure. “In the interim, we will try to have a working group or study on how we can develop a framework for enforcement and regulation.”

Email Grant Phillips at gphillips@hawaiitribune-herald.com.