Thoughts on Social Media Legislation
#TIPS4FAMILIES | Perhaps you've been following news of state bans on social media for kids or you're just tired of the daily tug-of-war for attention, but in any case, a roundup may prove useful!
Are Adults Struggling to Catch Up?
In 2023 there were 23 laws passed in 13 states focused on kids and technology. The laws represent a dizzying array of mandates, and include everything from age verification requirements, to limits on the hours of social media use, and/or requirements for parents to approve access.
Right from the moment of passage states have faced lawsuits related to free speech, and criticism about data collection. The Foundation for Individual Rights and Expression (FIRE) has already sued Utah on its ban, weighing in with a point that has resonated with me: do we really need the government to parent for us? Is this really *the* way to protect kids? (I’d love your thoughts if you want to drop me a note).
The Internet is Boundaryless
From a big picture perspective, our online world is of course not easily divided up by states either. And so the absence of one cohesive and consistent policy is confusing, hard to justify, and cumbersome to police.
And while some of the patchwork of kid-focused technology legislation is focused on data, it’s not nearly enough (leaving aside the data nightmare caused by “age verification” laws…more on that below).
I’ve also found it very frustrating that companies must honor requests for data deletion for Californians, but not necessarily if you are out of the state. Another reason for the case to be made for data privacy to be addressed at the federal level.
When you consider that AI feeds off of our data too, it’s clear the fervor and appetite for our information will only get more intense.
Very Real Risk of Deepfakes — This is *The Thing*
Image and video data, particularly of kids, is the most in need of our protection. To understand how close and pernicious the risk of deepfakes and other “synthetic media” is… this report from DHS is worth a careful review.
Which brings us back to the most contested and concerning aspect of most social media legislation that has passed, or is on the docket for 2024… age verification.
Those who argue that the emotional impact of algorithms on kids is a singular ill to disrupt at any cost overlook the severity of what the consequences may indeed be... because in every single case the only way to “verify” age is to provide more data.
Any argument to the contrary only skirts around this issue. If tech companies face legal action they will make sure “proof of age” is airtight.
This great piece in CPO Magazine states the issue clearly:
“No matter how a social media platform decides to verify your age, it will need to collect more of your personal information, from your birth certificate to your school records to biometrics. It doesn’t really matter whether it’s a private company contracted by the social media platform or a government agency doing the data processing. The bottom line is that this process exposes you to more privacy threats, such as potential data abuse, data leaks, and identity theft.”
The Power of Teaching Resilience
All is not lost here, though, and the point isn’t to make us feel hopeless and without a choice or solution. In fact, what may counteract the challenges we face ahead is in building emotional resilience.
Having read a fascinating article about “cognitive resilience” as a concept taught to the men and women of the military in an effort to avoid adversarial mind control (…I’ve written about the concept previously here), I asked my oldest and dearest friend (who conveniently is a Licensed Clinical Social Worker) for her thoughts with respect to the issue of an alternative to the current spate of social media legislation. You can read of our discussion here.
This graphic we collaborated on may also come in handy to print and refer to when you are feeling at a loss in that digital tug of war (download a version to print here).
Finally, I had an amazing chat today with Pranath Fernando who is the creator of the FuturAI newsletter & podcast. Our discussion will be live soon and hope you will check it out!