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                 Resarh Service





Smart Toys and the Children's Online Privacy

Protection Act of 1998


January 8, 2018


A growing number of devices in Arnerican households, including televisions, appliances, security
systems, and heating and cooling devices, rely on Internet connectivity to perform a range of
functions. And the Internet of Thin gs includes a growing number of products primarily used by
children, including smart toys. In the 1980's, the popular Teddy Ruxpin bear talked to
children by way of a tape player hidden inside. Today, children may have real-time two-way
conversations with their smart toys. Sensors, mics, cameras, storage devices, speech
recognition technology, Internet-connectivity, and GPS are used to tailor the toy's behaviors
based on the child's interactions. Some more sophisticated smart toys may record a child's voice
on an audio file, convert the audio to text, query a searchable database, and return an appropriate
voice response back to the child. But smart toys' use of Internet-connectivity potentially to
collect children's personal information may require the toys' makers to take certain steps to
comply with the Children's Online Privacy Protection Act of 1998 (COPPA) and its
implementing rules and requirements.

Security researchers have found that unsecured Bluetooth-enabled toys may be vulnerable to
hacking, allowing third-parties to surreptitiously communicate with a child through the Internet-
connected toy. Concern over potential misuse of such toys prompted Germany to ban certain
smart toys. In the United States, at least one legal complaint has been filed with the Federal
Trade Commission (FTC) alleging that certain smart toy makers unfairly and deceptively collect,
use, and disclose audio files of children's voices, without providing adequate notice or obtaining
verified parental consent. Such practices are alleged to violate COPPA and its implementing
regulations, along wi th Section 5 of the Federal Trade Commission Act. Entities that violate
COPPA and the FTC Act potentially could, among other things, be enjoined from continuing
their unlawful conduct and face civil monetary penalties.


                                                            Congressional Research Service
                                                              https://crsreports.congress.gov
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