Following the passing of the Children’s Online Privacy Protection Act, the federal government has done little in response to complaints about the data privacy of children in America. The laws that govern data collection from children were enacted before data tracking through technology was a prevalent issue for children. Although privacy protections exist in some states, Congress has failed to address the issue following the evolution of these practices. Some speculate that the lack of action is due to lobbying by the companies of “Big Tech,” which hold control of the technology market across the world. Even with the best internet safety practices, we lack control over our digital lives, and those who are most vulnerable—minors—suffer the consequences. Companies face insignificant repercussions, making penalties more desirable than proactivity.

This article explores the increasing demand for stricter data collection regulation in America starting with an explanation of the collection of data, then discussing the history and scope of the Federal Trade Commission’s (“FTC”) power, including the FTC Act. It discusses the authorities of state attorneys general, and how they differ from those of the FTC. Finally, it compares the Children’s Online Privacy Protection Act and the California Consumer Privacy Act against the General Data Protection Regulation and considers how implementing parts of the General Data Protection Regulation may benefit American children.