Existing Law Meets Emerging Technology
Enacted in 1998, COPPA was designed to give parents control over the collection of personal information from children under 13. The law predates the current generation of generative AI, which by the 2020s enabled computers to produce text, images, and other media from simple prompts—bringing the technology into everyday use. The FTC’s 2023 advisory represents an attempt to apply this older framework to a new class of harms, reflecting a broader trend of regulators interpreting decades-old statutes to cover digital challenges rather than waiting for bespoke legislation.
The commission’s move is not the only effort to update protections. The Kids Online Safety Act, first introduced in the U.S. Senate in February 2022 and reintroduced in May 2023, would go further than the FTC advisory by requiring platforms to actively prevent harm to minors, including harm that arises from AI interactions. The bill remains pending, and observers are watching whether it gains the votes needed for passage before the next election cycle.
Across the Atlantic, European regulators have adopted a different approach. The European Union’s AI Act, passed in March 2024, classifies any AI system that interacts with minors as ‘high-risk.’ That designation triggers mandatory transparency requirements and safety testing before deployment. This divergence between the U.S. model of interpreting existing laws and the EU’s creation of a dedicated risk-based framework highlights a global struggle to balance innovation with protection, especially for vulnerable populations like children.
Educational and Medical Interventions Underway
Beyond regulation, schools and medical professionals are responding to the growing presence of AI in young people’s lives. Common Sense Education’s Digital Citizenship curriculum, already used in over 50,000 U.S. schools as of 2023, now includes modules on AI relationships. The curriculum aims to teach students how to navigate interactions with AI systems, equipping them with critical thinking skills as these technologies become more embedded in daily life.
The American Academy of Pediatrics issued a policy statement in 2024 recommending that pediatricians discuss AI use with their teen patients. The guidance reflects a recognition that AI interactions can affect mental health and emotional development, and that healthcare providers should be prepared to address these issues during routine visits.
Broader Context and What Comes Next
The FTC’s advisory and the legislative push come against the backdrop of artificial intelligence’s rapid evolution. The field emerged as an academic discipline in 1956 and has since experienced cycles of progress and setbacks. Renewed momentum arrived after 2012, driven by advances in neural networks and deep learning. By the 2020s, generative AI had entered everyday use, prompting new questions about its ethical and practical implications.
The FTC itself was created in 1914 to enforce consumer protection and antitrust laws, and it has a long history of addressing emerging technologies under existing statutes. The agency’s application of COPPA to AI companions follows that pattern. While the advisory does not change the law, it signals that the commission may follow up with enforcement actions. The stakes extend far beyond regulatory debates: schools, medical professionals, and policymakers are now grappling with AI’s role in education, mental health, and daily life. As the technology becomes more embedded in society, its ethical implications grow harder to ignore.
