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1 March 31, 2021 Re: Request to Investigate Google's Unfair And March 31, 2021 Re: Request to Investigate Google’s Unfair and Deceptive Practices in Marketing Apps for Children Dear Acting Chair Slaughter and Commissioners Chopra, Phillips, and Wilson: Campaign for a Commercial-Free Childhood (CCFC) and the Center for Digital Democracy (CDD) write to update and renew their request, filed December 19, 2018, that the FTC investigate whether the Google Play Store is violating Section 5 of the Federal Trade Commission Act by representing that children’s apps on its platform are safe and appropriate for children when they are not.1 The FTC’s failure to take earlier action has permitted Google Play to continue promoting apps for children that are not safe or appropriate because they do not comply with the COPPA Rule.2 Stopping Google Play’s misrepresentations is even more critical today because children are spending even more time on mobile devices using apps due to the COVID-19 pandemic. I. Google has changed how it treats apps intended for children, but has not fixed the problem that many children’s apps are not complying with COPPA Our 2018 Request showed that many apps in the Family section of Google Play, including some apps displaying the family-friendly star and/or listing specific age ranges under age 13, were not complying with the COPPA Rule.3 Since that time, Google Play has changed the criteria for inclusion in the Designed for Families program. It has also created a process of awarding a “Teacher approved” badge to certain apps. As a result of these changes, any app declaring a target audience that includes children under the age 13 must comply with Google Play’s Designed for Family policy. Some of these apps undergo an additional review process and can be designated as “Teacher approved.” The Teacher approved badge seems to have replaced the family-friendly star described in the 2018 Request. Currently, all apps listed in the 1 Request to Investigate Google’s Unfair and Deceptive Practices in Marketing Apps for Children (Dec. 19, 2018)(“2018 Request”), available at https://bit.ly/2018Request. 2 16 CFR §312, et. seq. 3 2018 Request at 11-28. 1 Google Play Store as Kids apps have the “Teacher approved badge.” The Play Store continues, however, to offer many other apps that target children that do not have the Teacher approved badge.4 A. Changes to the Designed for Families program Google Play updated its Designed for Families program and related Families Policy on May 29, 2019.5 Under the revised policy, all developers must declare their target audience(s) from the following options: ages 5 and under, 6-8, 9-12, 13-15, 16-17, and 18 and over.6 Both apps that target children under 13 and those that target children and older users must comply with Google’s Families Policy.7 The Families Policy includes requirements such as: Make sure that any content in your app that could be seen by children is appropriate for them. Display only ads that are appropriate for children, and use ad SDKs from the Families Ads Program. Make sure your app (including all APIs, SDKs, and ads) complies with all applicable laws and regulations relating to children, including the US Children's Online Privacy Protection Act (COPPA), and the EU General Data Protection Regulation (GDPR).8 Finally, apps whose target audience only includes children must follow additional requirements in the Designed for Families program.9 The Designed for Families program requires that apps use only Google Play certified software development kits (SDKs).10 4 See Ex. B for an example of how parents would find each type of app. 5 Creating Apps and Games for Children and Families, https://developer.android.com/google-play/guides/families. The earlier criteria are described in the 2018 Request at 12-14. 6 Id. 7 Id. 8 Id. 9 Id. Apps that targets both children and older audiences are not required to also participate in the Designed for Families program, but may choose to do so if they meet the requirements. 10 Participate in the Families Ads Program, https://support.google.com/googleplay/android-developer/answer/9283445. 2 B. Teacher approved apps Google Play launched Teacher approved apps in April 2020 in response to COVID-19. A blog by the Google Play Product and UX Director, Kids and Families explained: We’ve heard from parents that it’s difficult to dig through all the content that’s out there for kids. Today, we’re making it easier for parents to find the good stuff, with a new Kids tab on Google Play filled with “Teacher approved” apps that are both enriching and entertaining. We decided to launch the Kids tab a bit earlier than planned because parents who have tried it out told us that it’s been helpful, especially now with their kids home from school and spending more time with screens.11 The blog explains that “[a]pps rated by teachers that also meet Google Play’s quality standards receive a ‘Teacher approved’ badge.” The blog advises that “Whenever parents search the Play Store, they can look for the ‘Teacher approved’ badge to quickly see which apps have been reviewed and rated highly by teachers.”12 The Parent Guide to Google Play provides the same advice. It tells parents to open the Google Play Store and tap on “Kids” at the top. It states that all apps in the Kids section are Teacher approved.13 The Parent Guide also informs parents that the “Teacher approved” badge means: Google consulted with academic experts to develop a framework for rating apps, and then worked with teachers and specialists across the US to rate them based on our framework. Teacher approved apps are: Age appropriate Thoughtfully designed Fun or inspiring Teachers and specialists only rate apps for the age groups that they teach and they have all been vetted, trained, and evaluated before they become part of the program.14 11 Mindy Brooks, Find high-quality apps for kids on Google Play, (April 15, 2020), https://blog.google/products/google-play/teacher-approved-apps/. This blog can also be found by clicking on “Learn more about the Teacher approved badge” in the Parent Guide to Google Play. A copy of the blog is included as Ex. A. 12 Id. 13 The Parent Guide is available online, at https://support.google.com/googleplay/answer/6209547?hl=en, and on the Google Play Store. A copy is included as Ex. C. 14 Parent Guide. 3 Only apps that participate in Google’s Designed for Families program may be considered for a Teacher approved badge.15 II. Google’s representations to parents are misleading Although Google’s representations have changed since the 2018 Request was filed, it still represents that all apps on the Play Store intended for children under age 13, even as part of the audience, must be appropriate for children and comply with COPPA. It further represents that the Teacher approved apps not only are appropriate and comply with COPPA, but are high-quality and beneficial for children. These representations are misleading because many apps directed to children may not be complying with COPPA. The COPPA Rule prohibits the collection, use and sharing of persistent identifiers used to profile children or serve targeted advertising to them in the absence of notice to parents and advance verifiable parental consent. The 2018 Request cited, as evidence that children’s apps on the Play Store were not COPPA-compliant, a study finding that roughly 57% of the 5,855 child-directed apps on the Google Play Store were transmitting children’s personal information to third parties without giving notice or obtaining consent.16 Since the 2018 Request was filed, three new studies have found that a significant number of children’s apps were collecting and sharing children’s personal information without complying with the COPPA Rule. Additional evidence of widespread non-compliance with COPPA by children’s apps comes from three related class actions brought by parents over gaming apps for kids. A. Recent studies suggest that many apps intended for children are still not complying with COPPA. A study published in JAMA Pediatrics in September 2020, Data Collection Practices of Mobile Applications Play by Preschool-Aged Children, tested 451 apps used by children aged five and under, 153 of which were in the Google Play Store’s family section.17 The data was collected between August 2018 and January 2020.18 The study found that 67% of the apps tested showed transmission of identifiers to third-party domains.19 The “most commonly transmitted identifier was the advertising identifier, which is used to create advertising behavioral profiles of 15 Participate in the Families Ads Program, https://support.google.com/googleplay/android-developer/answer/9283445. 16 2018 Request at 8-9 and 23, citing Irwin Reyes, et al., Won’t Somebody Think of the Children?” Examining COPPA Compliance at Scale, Proceedings on Privacy Enhancing Technologies: 2018 (3) 63-83 (“PET Study”). The Request at 9 also identified a May 2018 Oxford study finding that children’s apps had the largest number of third-party trackers. 17 Fangwei Zhao, et al., Data Collection Practices of Mobile Applications Played by Preschool-Aged Children, JAMA Pediatrics, 2020;174(12) at 4 (published online Sept. 8, 2020)(“Pediatrics Study”). 18 Id. at 1. 19 Id. at 4. 4 users.”20 The study also found that children being raised by parents without advanced degrees showed two to three times higher rates of data transmission to third parties.21 Looking only at the 153 apps included in Google Play’s Designed for Families category, the study found that 46% transmitted advertising identifiers.22 While this percentage is lower than the overall finding, it is still remarkably high.
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