Roku should have ‘been aroused to question age of users,’ says Florida AG

Roku is facing legal trouble in Florida, where Attorney General James Uthmeier has announced that the Office of Parental Rights is filing a civil enforcement action against the company. The complaint alleges that the streaming company “collected, sold and enabled reidentification of sensitive personal data – including viewing habits, voice recordings and other information from children – without authorization or meaningful notice to Florida families.”

Collecting and selling the biometric data of minors without consent is a no-no – and so is operating without “reasonable age verification” measures in place.

“Roku knows that some of its users are children but has consciously decided not to implement industry-standard user profiles to identify which of its users are children,” the complaint reads. “Roku buries its head in the sand so that it can continue processing and selling children’s valuable personal and sensitive data.”

As the complaint puts it, what it knows about its users should have made them “aroused to question the age of those users” – and to ask them using age verification tools. Not doing so allegedly constitutes willful disregard. A pithy section of the document puts it plainly: “Roku processes the sensitive data of known children under the age of 13 without performing any age verification” and “without any affirmative authorization or consent.”

“Florida families deserve to know what is happening with their children’s personal information,” says Uthmeier in a release. “Parents – not technology companies – direct the upbringing of their children. We will hold any company that conceals or exploits that information accountable.”

The Attorney General is seeking “civil penalties, injunctive relief, and measures ensuring that Roku provides transparent disclosures, implements lawful parental-control mechanisms, and ceases unauthorized sale or processing of children’s data.”

The U.S. market leader in streaming video distribution, Roku reaches about 145 million people. Having its name land in the age assurance debate opens up another round of questions about liability in the tech stack. Is Roku a device or a platform? Is it the same as an app store, or more like Netflix? And does the age gate go on the streaming stick, or per platform contained therein? Tune in tomorrow to find out – unless, that is, the channel is blocked.

Article Topics

age verification  |  biometric data  |  biometrics  |  children  |  data privacy  |  Florida  |  lawsuits  |  Roku