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Lewis & Clark Law Review

Authors

Author Details

Bahar Tarighi, J.D. 2026, Lewis & Clark Law School.

First Page

221

Abstract

Children who appear in monetized family vlogs are the product. Without them, the content would not exist, and the revenue would not follow. Yet unlike child actors in traditional entertainment, these children receive no guaranteed wages, no mandated trust accounts, and no right to control the digital record created in their name. This gap is a product of a legal framework that has simply not kept pace: the Fair Labor Standards Act, enacted in 1938, expressly exempted child performers from its protections, and neither Congress nor the majority of states have updated their child labor frameworks to account for the rise of digital content creation. The consequences have been severe, ranging from financial exploitation and chronic privacy violations to documented cases of abuse and neglect, all captured on camera and monetized for public consumption. While a handful of states have begun to act, their efforts are fragmented and inconsistent, creating incentives for families to evade regulation by moving across state lines. This Note argues that piecemeal state legislation is insufficient, and proposes the Model Digital Child Content Labor and Privacy Protection Act (MDCCLPPA), which extends financial protections and trust account requirements to minors engaged in digital content creation, mandates annual labor commissioner oversight, and recognizes a right to deletion upon the minor reaching the age of majority.

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