WASHINGTON, D.C. — The Federal Trade Commission (FTC) has yet again extended its review period for an application submitted by the Entertainment Software Rating Board (ESRB) and two tech firms, Yoti and SuperAwesome. The trio is seeking approval for a new method of obtaining parental consent under the Children’s Online Privacy Protection Rule (COPPA). The FTC has now set a new deadline of March 29, 2024.
The application, first submitted in June 2023, proposes the use of “Privacy-Protective Facial Age Estimation” technology as a tool for verifying user age. This innovative technology works by analyzing the geometry of a user’s face to confirm if they are indeed an adult. A significant factor in this consideration is that the ESRB currently operates a COPPA safe harbor program.
The FTC’s role in this process involves determining whether the proposed technology complies with COPPA rules. As such, the Commission sought public comment on the application in July 2023. After receiving more than 350 comments, the FTC initially extended its review deadline from the original date to January 29, 2024. The unanimous vote to extend the deadline further to March indicates the complexity of the decision at hand.
So why does this matter to the entertainment software industry?
Firstly, this speaks volumes about the ongoing efforts to protect children’s online privacy. The ESRB’s application, if approved, could set a new standard for age verification in the digital world. It represents a move away from relying solely on self-reporting or parental confirmation towards utilizing advanced technology to ensure compliance with children’s online privacy laws.
Secondly, the proposed technology could potentially change how the industry approaches age-restricted content. Currently, age verification largely depends on users honestly inputting their age or parents managing their children’s online activities. The proposed facial age estimation technology offers a more accurate and less intrusive method of verifying a user’s age, which could lead to more robust enforcement of age restrictions on certain entertainment software.
Lastly, the outcome of the FTC’s decision could have broader implications for the use of facial recognition and biometric data. While the ESRB’s application focuses on privacy-protective facial age estimation, approval could open the door to wider acceptance and use of similar technologies in the sector. However, it also raises questions about data security and privacy, particularly concerning how this biometric data would be stored and protected.
While we wait for the FTC’s decision in March, it’s clear that the entertainment software industry is at a potentially transformative crossroads. The approval of the ESRB’s proposed technology could signal a new era in online age verification, providing enhanced protection for young users. At the same time, it underscores the need for ongoing discussions around data privacy and the ethical use of biometric technology. As always, navigating the balance between technological innovation and user protection remains a complex but necessary challenge.
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