Holly Grosshans
Senior Counsel, Tech Policy at Common Sense
Common Sense and a Coalition of Partners Score Two Wins to Protect Kids Online
Two new bills about to become law in Maryland will improve privacy and safety for kids online.
The digital world is designed by and for adults. But children and teens use it too. And our research shows that kids on the internet are nudged every day to give up their privacy, offered harmful material, and exposed to risky contacts and behaviors.
There's good news, though. Maryland's General Assembly just took a big step toward centering kids in the digital world by passing the Maryland Kids Code and the Maryland Online Data Privacy Act of 2024. These bills will strengthen kids' and teens' safety and privacy online in Maryland. We at Common Sense Media are proud to have joined a large coalition of concerned groups and parents who advocated for the passage of these important measures.
Here's what these bills will do:
The Maryland Kids Code makes large social media companies responsible for changing their platform features to ensure kids' privacy, safety, and wellness. It requires that online products and services likely to be accessed by kids prioritize kids' privacy and protection.
This Maryland bill requires that social media companies implement features that serve the best interests of the kids who may use their platforms. It requires platforms to:
- Provide the highest level of privacy settings to children by default
- Have accessible reporting tools for violations of the privacy policy
- Perform Data Protection Impact Assessments (DPIAs) on a regular basis, and if they find that one of their design features (like endless scroll or autoplay) is not in the best interest of children, the company must make a plan to mitigate or eliminate the harm.
The Maryland Kids Code builds on recent Kids Code successes, like a similar law passed in California in 2022, which Common Sense also supported. Vermont and Minnesota are also considering Kids Code bills this year despite opposition from the tech industry.
The other bill, the Maryland Online Data Privacy Act of 2024, will give all Maryland consumers, and especially kids and teens, more control over their personal data. This bill prevents platforms from collecting personal data for the sole purpose of content personalization or marketing without the user's consent, and bans outright the sale of data from users under age 13. These new regulations ensure that both consumers and kids are protected from having their online data collected and monetized.
The bill also prevents companies from pretending they don't have kids on their sites—a common excuse these platforms use to avoid accountability. The heightened protections of this bill apply when companies both know or should have known that a user is either a child (under age 13), or a teen (13–18). Now companies can no longer plead ignorance concerning their use of kids' data.
Finally, this bill fills a gap in the 25-year-old and out-of-date federal privacy law, the Children's Online Privacy Protection Act (COPPA), by extending protections to teens age 13–18. The federal privacy law doesn't protect kids this age, though we are supporting a bill in the U.S. Senate that would change that.
Passing these two bills means the online safety and privacy of kids in Maryland has to be a top priority for online platforms everywhere. Congratulations to the Kids Code coalition of advocates, and to our champions—Delegates Jared Solomon (D-18th District), C.T. Wilson (D-28th District), and Sara Love (D-16th District), and Senators Benjamin Kramer (D-19th District), Katie Fry Hester (D-9th District), and Chris West (R-42nd District)—for their tremendous achievement in getting the Maryland Kids Code passed and for advancing the privacy bill.
We also thank the following delegates for their efforts to get the Maryland Online Data Privacy Act of 2024 passed: Senators Dawn Gile (D-33rd District), Katie Fry Hester (D-9th District), Malcolm Augustine (D-47th District), Brian Feldman (D-15th District), Pamela Beidle (D-32nd District), and Delegates Sara Love (D-16th District), Kriselda Valderrama (D-26th District), Adrian Boafo (D-23rd District), Lorig Charkoudian (D-20th District), Jessica Feldmark (D-District 12A), David Fraser-Hidalgo (D-15th District), Terri Hill (D-District 12A), Anne Kaiser (D-14th District), Aaron Kaufman (D-18th District), Mary Lehman (D-21st District), Julie Palakovich Carr (D-17th District), Joseline Peña-Melnyk (D-21st District), Emily Shetty (D-18th District), Jared Solomon (D-18th District), Vaughn Stewart (D-19th District), Deni Taveras (D-District 47B), Courtney Watson (D-District 9B), and Natalie Ziegler (D-District 9A).
Both of these bills will now go to Governor Moore's desk to be signed into law.
If you live in Maryland and care about building a safer, healthier digital world for kids, please take a moment now to reach out to Governor Moore to let him know how important it is that he sign these bills into law. In the meantime, we're continuing to support bills both in other states and at the federal level that feature kid-centered design, safety, and privacy that will improve the digital experience for kids across the country.
The digital world is designed by and for adults. But children and teens use it too. And our research shows that kids on the internet are nudged every day to give up their privacy, offered harmful material, and exposed to risky contacts and behaviors.
There's good news, though. Maryland's General Assembly just took a big step toward centering kids in the digital world by passing the Maryland Kids Code and the Maryland Online Data Privacy Act of 2024. These bills will strengthen kids' and teens' safety and privacy online in Maryland. We at Common Sense Media are proud to have joined a large coalition of concerned groups and parents who advocated for the passage of these important measures.
Here's what these bills will do:
The Maryland Kids Code makes large social media companies responsible for changing their platform features to ensure kids' privacy, safety, and wellness. It requires that online products and services likely to be accessed by kids prioritize kids' privacy and protection.
This Maryland bill requires that social media companies implement features that serve the best interests of the kids who may use their platforms. It requires platforms to:
- Provide the highest level of privacy settings to children by default
- Have accessible reporting tools for violations of the privacy policy
- Perform Data Protection Impact Assessments (DPIAs) on a regular basis, and if they find that one of their design features (like endless scroll or autoplay) is not in the best interest of children, the company must make a plan to mitigate or eliminate the harm.
The Maryland Kids Code builds on recent Kids Code successes, like a similar law passed in California in 2022, which Common Sense also supported. Vermont and Minnesota are also considering Kids Code bills this year despite opposition from the tech industry.
The other bill, the Maryland Online Data Privacy Act of 2024, will give all Maryland consumers, and especially kids and teens, more control over their personal data. This bill prevents platforms from collecting personal data for the sole purpose of content personalization or marketing without the user's consent, and bans outright the sale of data from users under age 13. These new regulations ensure that both consumers and kids are protected from having their online data collected and monetized.
The bill also prevents companies from pretending they don't have kids on their sites—a common excuse these platforms use to avoid accountability. The heightened protections of this bill apply when companies both know or should have known that a user is either a child (under age 13), or a teen (13–18). Now companies can no longer plead ignorance concerning their use of kids' data.
Finally, this bill fills a gap in the 25-year-old and out-of-date federal privacy law, the Children's Online Privacy Protection Act (COPPA), by extending protections to teens age 13–18. The federal privacy law doesn't protect kids this age, though we are supporting a bill in the U.S. Senate that would change that.
Passing these two bills means the online safety and privacy of kids in Maryland has to be a top priority for online platforms everywhere. Congratulations to the Kids Code coalition of advocates, and to our champions—Delegates Jared Solomon (D-18th District), C.T. Wilson (D-28th District), and Sara Love (D-16th District), and Senators Benjamin Kramer (D-19th District), Katie Fry Hester (D-9th District), and Chris West (R-42nd District)—for their tremendous achievement in getting the Maryland Kids Code passed and for advancing the privacy bill.
We also thank the following delegates for their efforts to get the Maryland Online Data Privacy Act of 2024 passed: Senators Dawn Gile (D-33rd District), Katie Fry Hester (D-9th District), Malcolm Augustine (D-47th District), Brian Feldman (D-15th District), Pamela Beidle (D-32nd District), and Delegates Sara Love (D-16th District), Kriselda Valderrama (D-26th District), Adrian Boafo (D-23rd District), Lorig Charkoudian (D-20th District), Jessica Feldmark (D-District 12A), David Fraser-Hidalgo (D-15th District), Terri Hill (D-District 12A), Anne Kaiser (D-14th District), Aaron Kaufman (D-18th District), Mary Lehman (D-21st District), Julie Palakovich Carr (D-17th District), Joseline Peña-Melnyk (D-21st District), Emily Shetty (D-18th District), Jared Solomon (D-18th District), Vaughn Stewart (D-19th District), Deni Taveras (D-District 47B), Courtney Watson (D-District 9B), and Natalie Ziegler (D-District 9A).
Both of these bills will now go to Governor Moore's desk to be signed into law.
If you live in Maryland and care about building a safer, healthier digital world for kids, please take a moment now to reach out to Governor Moore to let him know how important it is that he sign these bills into law. In the meantime, we're continuing to support bills both in other states and at the federal level that feature kid-centered design, safety, and privacy that will improve the digital experience for kids across the country.
Holly Grosshans is senior counsel for tech policy at Common Sense. She advocates for state and federal legislation that create a safer, healthier internet for our kids and families. Prior to joining Common Sense, she had been a local and then a federal prosecutor. As a prosecutor, she spent much of her last 15 years focusing on internet crimes against children (ICAC) and the harms that can occur to children on the internet.