SPY Kids Act
- Bill Number
- H.R. 6273
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-12-11: Forwarded by Subcommittee to Full Committee in the Nature of a Substitute (Amended) by Voice Vote.
- Last Updated
- 2026-01-12T18:08:53Z
AI-Generated Summary
Purpose
The Stop Profiling Youth and Kids Act (SPY Kids Act) aims to protect children and teens from market or product-focused research on online platforms. It prohibits such research on children under 13 outright and requires parental consent for teens aged 13-16, focusing on platforms that collect personal data for advertising or recommendations.
Key Provisions
- Definitions:
- Child: An individual under 13 years old.
- Teen: An individual aged 13 to 16.
- Covered platform: Internet-connected websites, apps, or services that are public, allow user profiles, facilitate user-generated content (like text, images, or videos), promote engagement through features (e.g., infinite scrolling, notifications, rewards), and use personal information for ads or recommendations. Personal information refers to data like names or locations, as defined under the Children's Online Privacy Protection Act (COPPA).
- Knows: Having actual knowledge or willfully ignoring facts.
- Verifiable parental consent: A method to confirm a parent or legal guardian approves, as outlined in COPPA.
- Prohibitions on Research:
- Covered platforms cannot conduct market or product-focused research (e.g., surveys or data analysis for business purposes) on known child users.
- For known teen users, such research requires verifiable parental consent beforehand.
- Exception: Platforms can still measure or report ad/content performance (e.g., reach or frequency) without violating the law, as long as it's not for market research.
- Enforcement:
- The Federal Trade Commission (FTC) treats violations as unfair or deceptive practices under the FTC Act, allowing fines, investigations, and other remedies.
- States can file civil lawsuits (as parens patriae, meaning acting on behalf of residents) to stop violations, seek damages, or obtain relief, but must notify the FTC first and cannot proceed if the FTC or U.S. Attorney General is already acting on the same issue.
- States retain their own investigative powers.
- Other Rules:
- Does not weaken COPPA (a 1998 law protecting kids' online privacy) or conflict with FTC limits on regulating non-profits/universities.
- Preempts (overrides) state or local laws on the same topic to ensure uniform national standards.
- Takes effect 90 days after enactment.
Significant Changes to Existing Law
- Builds on COPPA by adding specific bans on market research targeting minors, which COPPA does not directly address (COPPA focuses on general data collection from kids under 13).
- Introduces parental consent requirements for teens (13-16), extending protections beyond COPPA's under-13 focus.
- Centralizes enforcement federally while allowing state involvement, but preempts conflicting state laws, reducing patchwork regulations.
Potential Impacts
- On Government Agencies: Increases FTC workload for oversight and enforcement; empowers state attorneys general to act, potentially leading to more coordinated national efforts.
- On Citizens: Enhances privacy for children and teens by limiting how platforms use their data for commercial research, giving parents more control over teens' online experiences. May reduce targeted ads or manipulative features aimed at youth.
- On Businesses: Covered platforms (e.g., social media companies) must update policies, obtain consents, and avoid certain data uses, possibly increasing compliance costs and limiting marketing strategies.
- On International Relations: Minimal direct impact, but U.S. tech firms operating globally may face pressure to align international practices with these rules, affecting data flows.
Main Stakeholders Affected
- Children and Teens: Primary beneficiaries, protected from exploitative research.
- Parents/Legal Guardians: Gain consent rights for teens and enforcement tools.
- Covered Platforms and Tech Companies: Face restrictions and penalties for non-compliance.
- FTC and State Governments: Responsible for enforcement and litigation.
- Advertisers and Marketers: Limited in using youth data for product development or targeting.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal privacy framework by integrating with COPPA and FTC authority, but preemption clause could limit state innovation in child protection laws, potentially leading to legal challenges over federal overreach.
- Constitutional: May raise First Amendment concerns if research bans are seen as restricting commercial speech, though framed as consumer protection; courts would likely balance this against child welfare interests.
- Political: Reflects growing bipartisan concern over youth online safety and big tech accountability; could set precedent for broader regulations on addictive platform designs or data use, influencing future privacy debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Miller-Meeks, Mariannette [R-IA-1]
Recent Actions
- 2025-12-11: Forwarded by Subcommittee to Full Committee in the Nature of a Substitute (Amended) by Voice Vote.
- 2025-12-11: Subcommittee Consideration and Mark-up Session Held
- 2025-11-21: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
- 2025-11-21: Referred to the House Committee on Energy and Commerce.
- 2025-11-21: Introduced in House
- 2025-11-21: Introduced in House
Bill Versions
- Stop Profiling Youth and Kids Act — issued 2025-11-21 — PDF (9 pages)