BlogLine

NO KIDS ALLOWED (Sometimes): The Future of American Youth’s Social Media Use in Light of the Protecting Kids on Social Media Act (“PKSMA”)

5/30/23

By: Julia Bover

There is no denying that social media is top of mind for most of our nation’s youth. If they are not scrolling through the endless feeds, then they are thinking about the next time they will be. This unsettling realty is causing panic among parents, educators, and lawmakers across the country. They fear that most people, but especially children, are not properly equipped to handle the impact modern-day social media can have on their mental health. It comes as no surprise that the federal government has decided to tackle this issue head on.

Just last month, a bipartisan bill was proposed that bans children under the age of 13 from joining social media platforms. Furthermore, children under the age of 18 would require parental consent to create a user profile. Known as the Protecting Kids on Social Media Act (“PKSMA”), this bill is intended to largely restrict social media use by minors. The bill is also aimed at placing constraints on social media platforms by banning their use of targeted algorithms which recommend content to children. It should be noted that the intent of the act is entirely different than that of the Children’s Online Privacy Protection Act (“COPPA”), which implements safeguards that limit the private information social media platforms collect from children. Instead, PKSMA is focused on limiting children’s unfettered access to social media platforms without first obtaining parental consent.

Obtaining valid parental consent would require confirmation of identity. One way to accomplish this is through age verification, and the bill would establish an age verification program overseen by the Department of Commerce. The program would use third-party verification websites to assist with the process. However, a platform’s use of the program would be entirely voluntary, and require alternative methods of verification for those platforms that elect not to opt in. Such alternative methods could include requiring the use of government-issued identification, credit cards, and consent forms. These methods require the sharing of sensitive personal information from both the parent and the child. Even if some parents would allow their children to be on social media, they may hesitate when required to share their sensitive personal information with the social media platforms.

An unfortunate consequence of the proposed regulation is that the bill arguably infringes on Americans’ First Amendment rights. Despite the many threats that social media platforms pose, many argue there is a great deal of good that comes from the ease of communication made possible by the various social media platforms in use today. Social media acts as a modern-day town hall. It allows people to form connections, build communities, and bring about positive change. If the bill were to be passed, our nation’s youth would be far more limited in their ability to use these social media platforms, which may inadvertently cause more harm than good.

At this point in time, there are a number of obstacles and loopholes that the federal government would need to iron out before it could get this bill off the ground. Passing this bill will require implementation of an effective age verification program or requiring a standard for vendors that protects users from potential privacy intrusions and data breaches involving their sensitive information. The Government must demonstrate the value of this bill to the millions of users who consider social media to be more than just a bad hobby.

FMG will continue to monitor any developments with the bill. If you have any questions, please contact Julia Bover at julia.bover@fmglaw.com or your local FMG attorney.