California challenges Facebook argument on online teen privacy

The Federal Trade Commission and California Attorney General Kamala Harris say that Facebook is misinterpreting how a children’s privacy law applies to teen privacy in a move that could undercut the giant social network in a federal court case in California.

Facebook users sued the company for using their images in ads on the service without their consent and later settled the class-action lawsuit in 2012. Children's advocates are challenging the settlement in an effort to require Facebook to get explicit permission from parents before using the personal information -- as well as the images, likes and comments -- of teens in advertising. The advocates have asked the US 9th Circuit Court of Appeals to vacate the Facebook settlement. They say the settlement violates the law in seven states, including California, that require parents' permission before a child's image can be used in advertising. Facebook argued that because the Children’s Online Privacy and Protect Act, known as COPPA, only protects kids 12 and under, that states cannot enforce their own laws on teen privacy. Both the FTC and the state attorney general filed amicus briefs with the 9th circuit, disputing that interpretation of the law.