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Chapman Law Review

It Takes a Village (To Raise Children’s Privacy)

Abstract

Raising children is an expensive and (mostly) rewarding commitment. Many parents, guardians, and caregivers are willing to invest in indestructible car seats, private schools, and organic, farm-fresh, wholegrain, low-sugar, dye-free, naturally flavored foods. Is it reasonable to ask them to invest in children’s privacy? Surely companies can’t expect parents to stand guard at the edge of a digital playground they never built and never (knowingly) agreed to let their children enter.

The digital age has profoundly reshaped children’s privacy. It is hard to imagine listening to a podcast or scrolling on a social media platform without being bombarded by reports, rants, and reels about the unprecedented privacy risks children face online. Most federal and state privacy laws have failed to provide a comprehensive framework for safeguarding children’s digital privacy. Scholars in this area have proposed legislative and regulatory reform and critiqued corporate malfeasance. This Article suggests it is time to reimagine the pay-for-privacy (PFP) model—an of-ten-discredited model in which users pay for enhanced privacy protections—as a potential solution to minimize children’s privacy risks.

This Article makes three arguments. Part II suggests parents are the primary gatekeepers of children’s online privacy, and can responsibly manage their child’s digital footprints (with some help). It also acknowledges deceptive corporate privacy practices and explores the pitfalls of PFP models. Part III argues companies are well-positioned to provide detailed reports to parents about their child’s data and design child-centric privacy protections using revenue from a PFP model. Part IV then claims that the Federal Trade Commission (FTC) may have the expertise and the momentum to moderate between parents and companies in a PFP model.

Like the adage “it takes a village to raise a child,” it takes a village to ensure children’s privacy. As caregivers consider essential costs to raising children, this Article argues privacy may be one of those costs. PFP models, with appropriate oversight and equity, can enhance parental engagement and incentivize corporate accountability to foster a more private digital environment for children.

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