Online safety regulation:
US overview

   Scope of online safety measure(s)

COPPA applies to operators of commercial websites and online services that target children under 13, that have actual knowledge that they are collecting information from children under 13, or if the operators of the website or service have actual knowledge that they collect personal information from a third-party website or online service that targets children under 13.

FOSTA-SESTA creates an exception to the immunity granted to providers of interactive computer services such as social media platforms under Section 230 of the Communications Decency Act of 1996.  Specifically, FOSTA-SESTA amended Section 230 to clarify that online platforms may be subject to civil or criminal liability for knowingly assisting, facilitating, or supporting sex trafficking.

The TAKE IT DOWN Act likewise amended Section 230 to impose a new takedown duty on covered online platforms.  Platforms must remove non-consensual intimate visual depictions of persons, including AI-generated “deepfake” images, upon receipt of valid notice.

   Online harms addressed

COPPA remains the primary US federal law protecting the privacy of children and is intended to give parents control over the online collection, use, and disclosure of information from their children. The law is designed to empower parents to review and amend personal information collected about their children and prevent its use (or require its deletion) by covered online websites and online service providers.  It is also intended to prevent covered entities from conditioning a child’s participation in online activities on the child’s disclosure of more personal information than is reasonably necessary for the activity and to require covered entities to put in place adequate procedures to protect the confidentiality, security, and integrity of any personal information that is collected from children.

FOSTA-SESTA are intended to ensure that covered online platforms can be held accountable under US federal and state laws related to sex trafficking, to ensure that such online platforms are not used to facilitate sex trafficking.

The TAKE IT DOWN Act is intended to address the increasing harm caused by the non-consensual publication of intimate images online, which has been exacerbated by the growth of AI-generated “deepfake” images and was not adequately addressed by existing laws.

   Territorial scope

Non-US websites and online services must comply with COPPA if they are directed to children in the US, or they knowingly collect personal information from children in the US.  

FOSTA-SESTA amended the Trafficking Victims Protection Act, which expressly authorizes extraterritorial application under 18 U.S.C. § 1596 for trafficking offenses committed outside of the United States when committed by US nationals or permanent residents or when the alleged offender is present within the United States, regardless of nationality.

The TAKE IT DOWN Act does not specifically address extraterritorial scope, but the law applies broadly to any “covered platform,” ie, any website, online service, online application, or mobile application, that  either (i) primarily provide a forum for user-generated content or (ii) is primarily intended to publish non-consensual intimate visual depictions.

   Penalties and enforcement

Violations of COPPA and the TAKE IT DOWN Act are treated as “unfair or deceptive acts or practices” in violation of Section 5 of the Federal Trade Commission Act (FTC Act).  The Federal Trade Commission may seek injunctive relief, civil monetary penalties, and other forms of redress for consumers authorized by the FTC Act.  For 2025, the fine per violation is up to  $53,088 .  The FTC regularly brings enforcement actions for violation of COPPA.

FOSTA-SESTA created new criminal and civil liability for covered online platforms.  Under 18 U.S.C. 2421A,  penalties for owning, managing, or operating a covered online platform with the intent to promote or facilitate prostitution include fines and up to 10 years of imprisonment.  Certain “aggravated” violations for owning, managing, or operating a covered platform with the intent to promote or facilitate the prostitution of five or more persons or acting in reckless disregard of the fact that such conduct contributed to sex trafficking carries fines and penalties of up to 25 years of imprisonment.