The National Association of Attorneys General has called in an open letter for Facebook to abandon its plans for a children's version of Instagram aimed at users under 13 years old. The letter was signed by 44 different state attorneys general (including U.S. territories such as Guam, Puerto Rico, and the Northern Mariana Islands), representing a majority of U.S. states. The letter stated: "It seems that Facebook is unresponsive and is instead creating a platform primarily for children who do not want or do not have an Instagram account," urging the company to scrap its plans for the new platform.
The plans for the children's Instagram platform were first reported by Buzzfeed News in March and were later confirmed by the company. While internal emails reported in the article identified the project as a priority for the company, Facebook insisted at that time that there was no set timeline for its launch.
Although the new letter from the attorneys general does not have official legal authority, it underscores the significant legal risks Facebook faces in executing the project. Children under the age of 13 in the U.S. are subject to enhanced legal protections under the Children's Online Privacy Protection Act (COPPA), which imposes strict rules against data collection. Social networks have traditionally complied with this law by banning users under 13, but this hasn't shielded them from regulatory action.
Recently, Google agreed to pay $170 million following an investigation by the Federal Trade Commission regarding the company's data collection from videos on YouTube that featured children's content. Attorneys general have been active in enforcing COPPA, so the new letter carries an implicit legal threat stating that if Facebook continues with its plans for a children's Instagram, the attorneys general are closely monitoring violations of the Children's Online Privacy Protection Act and are keen to take legal action against any violations they find.
Facebook has stated that it will not sell ads on any Instagram app targeting young children but has not backed off its interest in developing the app. A Facebook policy representative said, "We have just begun to explore a version of Instagram for kids, and we agree that any experience we develop should prioritize safety and privacy. We are consulting with experts in child development, child safety, mental health, and privacy advocacy."
They added, "We look forward to working with lawmakers and regulators, including the state attorneys general. Additionally, we commit today not to show ads across any Instagram experience we develop for people under the age of 13."
