Utah social media law is ambitious, but is it enforceable?
CTV
Utah's sweeping social media legislation passed this week is an ambitious attempt to shield children and teens from the ill effects of social media and empower parents to decide whether their kids should be using apps like TikTok or Instagram.
Utah's sweeping social media legislation passed this week is an ambitious attempt to shield children and teens from the ill effects of social media and empower parents to decide whether their kids should be using apps like TikTok or Instagram.
What's not clear is if -- and how -- the new rules can be enforced and whether they will create unintended consequences for kids and teens already coping with a mental health crisis. And while parental rights are a central theme of Utah's new laws, experts point out that the rights of parents and the best interests of children are not always aligned.
For instance, allowing parents to read their kids' private messages may be harmful to some children, and age verification requirements could give tech companies access to kids' personal information, including biometric data, if they use tools such as facial recognition to check ages.
"Children may be put at increased risk if these laws are enforced in such a way that they're not allowed to some privacy, if they are not allowed some ability for freedom of speech or autonomy," said Kris Perry, executive director of the nonprofit Children and Screens: Institute of Digital Media and Child Development.
The laws, which will go into effect in a year, impose a digital curfew on people under 18, require minors to get parental consent to sign up for social media apps and force companies to verify the ages of all their Utah users. They also require tech companies to give parents access to their kids' accounts and private messages, which has raised alarms for child advocates who say this could further harm children's mental health by depriving them of their right to privacy. This is especially true for LGBTQ2S+ kids whose parents are not accepting of their identity.
The rules could drastically transform how people in this conservative state access social media and the internet, and if successful, serve as a model for other states to enact similar legislation. But even if the laws clear the inevitable lawsuits from tech giants, it's not clear how Utah will be able to enforce them.
Take age verification, for instance. Various measures exist that can verify a person's age online. Someone could upload a government ID, consent to the use facial recognition software to prove they are the age they say they are.
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