With different definitions of who counts as a child in various states, more companies are treating anyone younger than 18 as a kid, said privacy lawyers and professionals during an Interactive Advertising Bureau webinar Wednesday. Davis+Gilbert attorney Gary Kibel predicted that disagreement on the age issue could become yet another obstacle to passing a national data privacy law.

DOJ and the FCC asked the U.S. Supreme Court to overturn a decision by the 5th U.S. Circuit Court of Appeals that rejected a $57 million FCC fine against AT&T for violating the agency's data protection rules. The 5th Circuit ruled in April that the fine was unconstitutional because it denied AT&T's Seventh Amendment right to a jury trial. The 2nd Circuit later upheld a similar fine against Verizon, while the D.C. Circuit upheld one against T-Mobile (see 2509100056).

A New York state law requiring retailers to disclose when they are using algorithmic pricing doesn't impede businesses' First Amendment rights, a federal court ruled Wednesday, rejecting a motion challenging the measure.

Use of AI in U.S. schools is linked to increased privacy risk, the nonpartisan Center for Democracy and Technology (CDT) noted in a report Wednesday that surveyed more than 1,000 students, teachers and parents between June and August. In addition, the report found parents were the group most worried about school-related data privacy and that transgender and immigrant students are experiencing increased privacy issues.

Adding two more states to the Consortium of Privacy Regulators will increase the multistate enforcement body’s power, lawyers who previously worked for state attorney general offices said Wednesday. Minnesota and New Hampshire AGs joined the group, the California Privacy Protection Agency (CPPA) announced Wednesday.

Businesses should expect an increase in universal opt-out preference signals (OOPS) after California Gov. Gavin Newsom (D) signed a bill Wednesday that requires all web browsers to support the functionality (see 2510080036), said Tom Kemp, California Privacy Protection Agency executive director. The CPPA and regulators in other states are checking if companies are honoring such requests, Kemp warned in an interview Wednesday. Newsom signed AB-566 and two other privacy bills earlier in the day.

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A coalition of 24 members of Congress, led by Sen. Eric Schmitt, R-Mo., and Rep. Scott Fitzgerald, R-Wis., urged the 6th U.S. Circuit Court of Appeals to rehear en banc an August decision that upheld the FCC’s data breach notification rules, despite a Congressional Review Act action in 2017 that overturned similar requirements in other privacy rules (see 2508140052). Right-leaning interest groups also asked for rehearing, as sought by ISPs (see 2509290066). Briefs were filed Monday in case 24-3133.

A member of Meta’s independent oversight board feels a “sense of frustration” at its inability to address emerging AI issues like chatbots interacting with children, Suzanne Nossel told an audience in Washington Tuesday.

California will now require companies to notify residents of the state within 30 calendar days of a company discovering a data breach. Gov. Gavin Newsom (D) signed SB-446 on Friday after it sailed through the legislature (see 2508290005).