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Utah social media law requires parental permission for kids

Utah social media law requires parental permission for kids
SOLEDAD: Iā€™M SOLEDAD Oā€™BRIEN. WELCOME TO ā€œMATTER OF FACT. THEREā€™S AN ENTIRE GENERATION THAT DOESNā€™T KNOW WHAT LIFE WAS LIKE BEFORE SOCIAL MEDIA. 46% OF TEENAGERS BETWEEN THE AGES OF 13 AND 17 SAY THEY ARE CONSTANTLY ONLINE. AND ABOUT 54% OF THEM SAY IT WOULD BE HARD TO GIVE UP SOCIAL MEDIA. SEVERAL STUDIES LINK THE CONSTANT USE OF THESE PLATFORMS TO DEPRESSION, AND EVEN SUICIDE. THE CDC REPORTS MORE TEENS ARE FEELING PERSISTENTLY SAD OR HOPELESS. AND SUICIDE RATES HAVE INCREASED AMONG YOUNG PEOPLE AGES 15 TO 24. NOW, MORE PARENTS AND EDUCATORS ARE DEMANDING ACTION. THE SEATTLE PUBLIC SCHOOLS IS SUING SOCIAL MEDIA COMPANIES, WANTING THEM TO PAY FOR THE DAMAGES RESULTING FROM THE YOUTH MENTAL HEALTH CRISIS. OUR CORRESPONDENT DAN LIEBERMAN WENT TO SEATTLE FOR A CLOSER LOOK AT THIS BREWING LEGAL BATTLE. >> ALL THESE KIDS. SOMEBODYā€™S DAUGHTER. SOMEBODYā€™S SON. SOMEBODYā€™S BROTHER, SISTER. ALL THESE LIVES, CUT SHORT. WHAT WEā€™RE DEALING WITH IS AN EPIDEMIC OF UNPARALLELED PROPORTIONS. DAN: ATTORNEY MATT BERGMAN IS THE FOUNDER OF THE SOCIAL MEDIA VICTIMS LAW CENTER IN SEATTLE. HIS FIRM REPRESENTS SOME 1,400 PARENTS WHO SAY THEIR CHILD WAS HARMED BY SOCIAL MEDIA USE. MATT: CHILDREN WHO DIE ACCIDENTALLY FROM THE TIKTOK BLACKOUT CHALLENGE, CHILDREN THAT HAVE DEVELOPED EATING DISORDERS, SEVERE DEPRESSION, MANY THAT HAVE BEEN SEXUALLY ABUSED ONLINE. DAN: THE SOCIAL MEDIA COMPANIES AND THEIR ALGORITHMS, BERGMAN SAYS, ARE RESPONSIBLE. MATT: THESE PRODUCTS ARE INTENTIONALLY DESIGNED TO BE ADDICTIVE. DAN: THIS POSITION ON THE EFFECTS OF SOCIAL MEDIA IS THE BASIS OF A RECENT LAWSUIT BROUGHT BY SEATTLE PUBLIC SCHOOLS. THEY CLAIM THAT COMPANIES BEHIND INSTAGRAM, TIKTOK, AND OTHER PLATFORMS DESIGN THEIR PRODUCTS TO BE ADDICTIVE, EVEN THOUGH THEY KNOW THE CONSEQUENCES OF EXCESSIVE SOCIAL MEDIA USE ON YOUNG BRAINS. >> THE LEGAL CLAIM IS PUBLIC NUISANCE, WHICH WOULD BE THE YOUTH MENTAL HEALTH CRISIS IMPACTING THEIR SCHOOLS. YOU BREAK IT, YOU HAVE AN OBLIGATION TO FIX IT. DAN: DEAN KAWAMOTO IS PART OF THE LEGAL TEAM REPRESENTING THE SEATTLE SCHOOL DISTRICT. THEY ARGUE THAT SOCIAL MEDIA COMPANIES ARE LEGALLY OBLIGATED TO PAY FOR THE DAMAGES TO YOUNG PEOPLE. DEAN: THERE HAS BEEN A TREMENDOUS INCREASE IN THE DEMAND FOR MENTAL HEALTH SERVICES. THE DISTRICT IS DOING WHAT IT CAN, BUT I MEAN, THE SEATTLE PUBLIC SCHOOLS, LIKE SCHOOL SYSTEMS EVERYWHERE, HAVE LIMITED BUDGETS. DAN: HIS DISTRICT HAS MORE THAN 50,000 STUDENTS BUT IS ONLY LEGALLY REQUIRED TO HAVE ONE COUNSELOR PER SCHOOL, REGARDLESS OF THE SIZE. >> I GO TO A SCHOOL WITH 1700 KIDS AND THEREā€™S ONE MENTAL HEALTH COUNSELOR FOR 1700 KIDS. THATā€™S NOT ENOUGH. DAN: 17-YEAR-OLD STELLA RUEBEL IS A JUNIOR AT A SEATTLE PUBLIC SCHOOL. SHEā€™S STRUGGLED WITH DISORDERED EATING AND HAS BEEN IN AND OUT OF TREATMENT FOR YEARS. STELLA: I WOULD BE FEELING GOOD ABOUT MY BODY AND THEN LOOK ON SOCIAL MEDIA AND SEE A GIRL WITH LIKE A REALLY TINY WAIST OR SOMETHING. I JUST FELT LIKE I HAD TO BECOME THESE PEOPLE THAT I SAW AND THAT REALLY DROVE THE EATING PATTERNS AND EXERCISING PATTERNS THAT I HAD. DAN: HOW MANY MORE KIDS ARE COMING THROUGH THE EMERGENCY ROOM NOW WITH MENTAL HEALTH CRISIS? >> WEā€™RE DEFINITELY SEEING LIKE IN OUR INPATIENT NUMBERS ARE INCREASING BY OVER 25%. DAN: SO THESE ARE ALL MENTAL HEALTH. >> ITā€™S ALL MENTAL. DAN: DR. YOLANDA EVANS IS THE HEAD OF ADOLESCENT MEDICINE AT SEATTLE CHILDRENā€™S HOSPITAL. SOME PEOPLE WILL LOOK AT THIS STORY AND THEYā€™LL SAY, LOOK, THIS IS ON THE PARENTS. THE PARENTS HAVE TO DO MORE. YOU KNOW, YOU CANā€™T JUST BLAME THESE COMPANIES. YOLANDA: BLAMING IT ON PARENTS IS ALSO UNFAIR. NOT EVERY PARENT HAS THE SAME ACCESS TO MONITOR WHAT THEIR KIDS ARE WATCHING ONLINE, AND ESPECIALLY THINKING ABOUT PEOPLE WHO MAYBE ARE WORKING MULTIPLE JOBS. PUTTING ALL OF THE EMPHASIS ON THE INDIVIDUAL IS NOT GOING TO GET US VERY FAR. STELLA: HI. THANKS FOR CALLING TEENLINK. DAN: STELLA VOLUNTEERS WITH TEENLINK, A PEER-TO-PEER HELP LINE WHERE TEENS IN CRISIS CAN TALK TO OTHER TEENS WHO CAN EMPATHIZE WITH THEIR EXPERIENCES. STELLA: THEREā€™S A LOT OF ONLINE BULLYING. PEOPLE CALL IN ABOUT JUST LIKE WANTING TO HARM THEMSELVES FROM THINGS THAT HAVE HAPPENED ONLINE, AND THEN OTHER THINGS THAT HAVE TO DO WITH BODY IMAGE. DAN: WHEN YOU STARTED TO SEE THAT CONNECTION BETWEEN SOCIAL MEDIA AND EATING HABITS, WHAT WENT THROUGH YOUR MIND? STELLA: ONE THING THAT I DID WAS I DELETED TIKTOK, WHICH TOOK A LONG TIME. IT WAS LIKE ME DELETING IT. AND THEN EVERY DAY I WOULD LIKE RE-DOWNLOAD IT AND THEN DELETE IT AGAIN. I WOULD JUST LIKE KEEP GOING THROUGH THAT CYCLE. NOW I HAVEN'T HAD IT FOR 6 MONTHS AND IT FEELS A LOT BETTER. DAN: HOW DO YOU MODERATE AND MAYBE USE THESE PLATFORMS DIFFERENTLY TODAY THAN YOU MAYBE DID A FEW YEARS AGO? STELLA: I MEAN ONE THING THAT I DO IS I SET A TIME LIMIT. LIKE, YOU CAN SET THE TIME LIMITS ON YOUR PHONE FOR THESE APPS. DAN: WOW. SO, WHATā€™S YOUR TIME LIMIT NOW ON INSTAGRAM? STELLA: ITā€™S 15 MINUTES, WHICH GOES BY REALLY FAST. DAN: 15 MINUTES. THATā€™S ALL YOU GET. STELLA: IT FEELS LIKE FIVE MINUTES. DEAN: WHEN YOUā€™RE MAKING A PRODUCT THAT YOU KNOW KIDS ARE GOING TO USE AND INDEED YOUR OBJECTIVE IS TO MAKE THEM USE IT, I THINK YOU HAVE A RESPONSIBILITY TO MAKE SURE THAT THAT PROGRAM IS SAFE. DAN: IN SEPARATE STATEMENTS, ALL FIVE SOCIAL MEDIA COMPANIES NAMED IN THE LAWSUIT SAID THEYā€™VE INVESTED HEAVILY IN THE SAFETY AND WELL-BEING OF YOUNG USERS WITH MEASURES LIKE SCREEN TIME LIMITS, PARENTAL SUPERVISION, AND CONTENT BLOCKING. FOR MATTER OF FACT, Iā€™M DAN LIEBERMAN IN SEATTLE. SOLEDAD: LEGAL EXPERTS SAY IN ORDER FOR THE LAWSUIT TO SUCCEED, SEATTLE PUBLIC SCHOOLS MUST PROVE A DIRECT CAUSAL LINK BETWEEN THESE COMPANIESā€™ ALGORITHMS AND THE YOUTH MENTAL HEALTH CRISI
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Utah social media law requires parental permission for kids
Children and teens in Utah would lose access to social media apps such as TikTok if they donā€™t have parental consent and face other restrictions under a first-in-the-nation law designed to shield young people from the addictive platforms.Two laws signed by Republican Gov. Spencer Cox Thursday prohibit kids under 18 from using social media between the hours of 10:30 p.m. and 6:30 a.m., require age verification for anyone who wants to use social media in the state and open the door to lawsuits on behalf of children claiming social media harmed them. Collectively, they seek to prevent children from being lured to apps by addictive features and from having ads promoted to them.The companies are expected to sue before the laws take effect in March 2024.The crusade against social media in Utah's Republican-supermajority Legislature is the latest reflection of how politiciansā€™ perceptions of technology companies has changed, including among typically pro-business Republicans.Tech giants like Facebook and Google have enjoyed unbridled growth for over a decade, but amid concerns over user privacy, hate speech, misinformation and harmful effects on teensā€™ mental health, lawmakers have made Big Tech attacks a rallying cry on the campaign trail and begun trying to rein them in once in office. Utahā€™s law was signed on the same day TikTokā€™s CEO testified before Congress about, among other things, the platform's effects on teenagersā€™ mental health.But legislation has stalled on the federal level, pushing states to step in.Outside of Utah, lawmakers in red states including Arkansas, Texas, Ohio and Louisiana and blue states including New Jersey are advancing similar proposals. California, meanwhile, enacted a law last year requiring tech companies to put kidsā€™ safety first by barring them from profiling children or using personal information in ways that could harm children physically or mentally.The new Utah laws also require that parents be given access to their child's accounts. They outline rules for people who want to sue over harms they claim the apps cause. If implemented, lawsuits against social media companies involving kids under 16 will shift the burden of proof and require social media companies show their products werenā€™t harmful ā€” not the other way around.Social media companies could have to design new features to comply with parts of the laws that prohibit promoting ads to minors and showing them in search results. Tech companies like TikTok, Snapchat and Meta, which owns Facebook and Instagram, make most of their money by targeting advertising to their users.The wave of legislation and its focus on age verification has garnered pushback from technology companies as well as digital privacy groups known for blasting their data collection practices.The Electronic Frontier Foundation earlier this month demanded Cox veto the Utah legislation, saying time limits and age verification would infringe on teensā€™ rights to free speech and privacy. Moreover, verifying every usersā€™ age would empower social media platforms with more data, like the government-issued identification required, they said.If the law is implemented, the digital privacy advocacy group said in a statement, ā€œthe majority of young Utahns will find themselves effectively locked out of much of the web."Tech industry lobbyists decried the laws as unconstitutional, saying they infringe on peopleā€™s right to exercise the First Amendment online.ā€œUtah will soon require online services to collect sensitive information about teens and families, not only to verify ages, but to verify parental relationships, like government-issued IDs and birth certificates, putting their private data at risk of breach,ā€ said Nicole Saad Bembridge, an associate director at NetChoice, a tech lobby group.Whatā€™s not clear in Utah's new law and those under consideration elsewhere is how states plan to enforce the new regulations. Companies are already prohibited from collecting data on children under 13 without parental consent under the federal Childrenā€™s Online Privacy Protection Act. To comply, social media companies already ban kids under 13 from signing up to their platforms ā€” but children have been shown to easily get around the bans, both with and without their parentsā€™ consent.Cox said studies have shown that time spent on social media leads to ā€œpoor mental health outcomesā€ for children.ā€œWe remain very optimistic that we will be able to pass not just here in the state of Utah but across the country legislation that significantly changes the relationship of our children with these very destructive social media apps,ā€ he said.The set of laws won support from parents groups and child advocates, who generally welcomed them, with some caveats. Common Sense Media, a nonprofit focused on kids and technology, hailed the effort to rein in social media's addictive features and set rules for litigation, with its CEO saying it ā€œadds momentum for other states to hold social media companies accountable to ensure kids across the country are protected online.ā€However, Jim Steyer, the CEO and founder of Common Sense, said giving parents access to childrenā€™s social media posts would ā€œdeprive kids of the online privacy protections we advocate for." Age verification and parental consent may hamper kids who want to create accounts on certain platforms, but does little to stop companies from harvesting their data once they're on, Steyer said.The laws are the latest effort from Utah lawmakers focused on the fragility of children in the digital age. Two years ago, Cox signed legislation that called on tech companies to automatically block porn on cellphones and tablets sold in the state, after arguments about the dangers it posed to children found resonance among Utah lawmakers, the majority of whom are members of The Church of Jesus Christ of Latter-day Saints. Amid concerns about enforcement, lawmakers ultimately revised that legislation to prevent it from taking effect unless five other states passed similar laws.The regulations come as parents and lawmakers are growing increasingly concerned about kids and teenagersā€™ social media use and how platforms like TikTok, Instagram and others are affecting young peopleā€™s mental health. The dangers of social media to children is also emerging as a focus for trial lawyers, with addiction lawsuits being filed thorughout the country.___Ortutay reported from Oakland, California.

Children and teens in Utah would lose access to social media apps such as if they donā€™t have parental consent and face other restrictions under a first-in-the-nation law designed to shield young people from the addictive platforms.

Two laws signed by Republican Gov. Spencer Cox Thursday prohibit kids under 18 from using social media between the hours of 10:30 p.m. and 6:30 a.m., require age verification for anyone who wants to use social media in the state and open the door to lawsuits on behalf of children claiming social media harmed them. Collectively, they seek to prevent children from being lured to apps by addictive features and from having ads promoted to them.

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The companies are expected to sue before the laws take effect in March 2024.

The crusade against social media in Utah's Republican-supermajority Legislature is the latest reflection of how politiciansā€™ perceptions of technology companies has changed, including among typically pro-business Republicans.

Tech giants like Facebook and Google have enjoyed unbridled growth for over a decade, but amid concerns over user privacy, hate speech, and harmful effects on teensā€™ mental health, lawmakers have made Big Tech attacks on the campaign trail and begun trying to rein them in once in office. Utahā€™s law was signed on the same day about, among other things, the platform's effects on

But legislation has stalled on the federal level, pushing states to step in.

Outside of Utah, lawmakers in red states including Arkansas, Texas, Ohio and Louisiana and blue states including New Jersey are advancing similar proposals. California, meanwhile, last year requiring tech companies to put kidsā€™ safety first by barring them from profiling children or using personal information in ways that could harm children physically or mentally.

The new Utah laws also require that parents be given access to their child's accounts. They outline rules for people who want to sue over harms they claim the apps cause. If implemented, lawsuits against social media companies involving kids under 16 will shift the burden of proof and require social media companies show their products werenā€™t harmful ā€” not the other way around.

Social media companies could have to design new features to comply with parts of the laws that prohibit promoting ads to minors and showing them in search results. Tech companies like TikTok, Snapchat and Meta, which owns Facebook and Instagram, make most of their money by targeting advertising to their users.

The wave of legislation and its focus on age verification has garnered pushback from technology companies as well as digital privacy groups known for blasting their data collection practices.

The Electronic Frontier Foundation earlier this month demanded Cox veto the Utah legislation, saying time limits and age verification would infringe on teensā€™ rights to free speech and privacy. Moreover, verifying every usersā€™ age would empower social media platforms with more data, like the government-issued identification required, they said.

If the law is implemented, the digital privacy advocacy group said in a statement, ā€œthe majority of young Utahns will find themselves effectively locked out of much of the web."

Tech industry lobbyists decried the laws as unconstitutional, saying they infringe on peopleā€™s right to exercise the First Amendment online.

ā€œUtah will soon require online services to collect sensitive information about teens and families, not only to verify ages, but to verify parental relationships, like government-issued IDs and birth certificates, putting their private data at risk of breach,ā€ said Nicole Saad Bembridge, an associate director at NetChoice, a tech lobby group.

Whatā€™s not clear in Utah's new law and those under consideration elsewhere is how plan to enforce the new regulations. Companies are already prohibited from collecting data on children under 13 without parental consent under the federal Childrenā€™s Online Privacy Protection Act. To comply, social media companies already ban kids under 13 from signing up to their platforms ā€” but children have been shown to easily get around the bans, both with and without their parentsā€™ consent.

Cox said studies have shown that time spent on social media leads to ā€œpoor mental health outcomesā€ for children.

ā€œWe remain very optimistic that we will be able to pass not just here in the state of Utah but across the country legislation that significantly changes the relationship of our children with these very destructive social media apps,ā€ he said.

The set of laws won support from parents groups and child advocates, who generally welcomed them, with some caveats. Common Sense Media, a nonprofit focused on kids and technology, hailed the effort to rein in social media's addictive features and set rules for litigation, with its CEO saying it ā€œadds momentum for other states to hold social media companies accountable to ensure kids across the country are protected online.ā€

However, Jim Steyer, the CEO and founder of Common Sense, said giving parents access to childrenā€™s social media posts would ā€œdeprive kids of the online privacy protections we advocate for." Age verification and parental consent may hamper kids who want to create accounts on certain platforms, but does little to stop companies from harvesting their data once they're on, Steyer said.

The laws are the latest effort from Utah lawmakers focused on the fragility of children in the digital age. Two years ago, Cox signed legislation that called on tech companies to automatically block on cellphones and tablets sold in the state, after arguments about the dangers it posed to children found resonance among Utah lawmakers, the majority of whom are members of The Church of Jesus Christ of Latter-day Saints. Amid concerns about enforcement, lawmakers ultimately revised that legislation to prevent it from taking effect unless five other states passed similar laws.

The regulations come as parents and lawmakers are growing increasingly concerned about kids and teenagersā€™ social media use and how platforms like TikTok, Instagram and others are affecting young peopleā€™s mental health. The dangers of social media to children is also emerging as a focus for trial lawyers, with addiction lawsuits being filed thorughout the country.

___

Ortutay reported from Oakland, California.