Remember that time a few years back when the government completely reshaped day-to-day life and restricted our basic rights to protect us from a disease that wasn’t that dangerous? Remember how our leaders forced us to comply with a suite of safety protocols that seemed mostly symbolic at best and a test of compliance at worst? Well, it’s happening again but not in the way you’d expect.
No, this time the threat is not some plague of medieval proportions. It’s not a new strain of super-Covid. It’s not Ebola or Disease-X. It’s not monkeypox or hantavirus. It’s not even explosive diarrhea from dirty lettuce. No, this time the threat is social media and the open internet.
That’s right. In case you haven’t heard, social media is causing a mental health crisis amongst young people. Porn and the potential for children to interact with adult strangers online probably isn’t great either. And therefore in order to protect our nation’s youth we all need to accept that the government has no choice but to reshape day-to-day life in the digital world.
A Brief History of Another Scientific Consensus
To give some background, starting roughly around 2012 depression, anxiety, self-harm, and suicidality began to increase among minors. These trends coincided with the growing ubiquity of smartphones and social media. Subsequently, many parents, teachers, psychologists, and activists went on to suggest a link. Moreover, these claims were said to be supported by a growing number of scientific studies showing associations between social media use and measures of declining mental health.
When discussed in popular books such as Jonathan Haidt’s The Anxious Generation, these societal trends and supporting studies often are portrayed as undeniable evidence of a mental health epidemic caused by social media. When discussed in the media and by politicians, there can be a sense that this is a consensus position among experts overwhelmingly supported by “The Science.”
Consequently, legislators across the country are rushing to demonstrate how seriously they take this and related issues by restricting access to certain digital corridors to those able and willing to convince a computer algorithm that they are in fact an adult – or by at least requiring everyone to jump through a couple additional government-mandated hoops just to get online.
Protecting Children by Requiring ID
Although many pieces of legislation have been proposed, and in some cases enacted into law, the most comprehensive and probably most threatening at the moment is the Kids Internet and Digital Safety Act (KIDS Act).
The KIDS Act, which recently passed in the House (and which I wrote about in more detail for The Washington Examiner), has been sent to the Senate. What happens next is unclear. But if it were to become law, it would require certain types of websites and digital technologies to provide distinct user experiences based on whether a user is an adult or a minor (or in some cases an adult, teen, or child).
On paper, this is intended to protect minors from age-inappropriate content (e.g., pornography and cigarette ads), questionable practices on the part of social media companies (e.g., location sharing with third parties, personalized ads, and design features that encourage compulsive use), and online interactions with adult strangers and deceptive AIs. It also is meant to give parents greater control of their children’s social media accounts and online lives.
In practice, however, the KIDS Act would require covered sites and technologies verify or at least estimate the ages of visitors or users through an array of mechanisms that at best legitimize current data collection practices by Big Tech (e.g., age estimation based on one’s online activity) and at worst mandate even more invasive ones that can be used to verify a user’s real-world identity (e.g., presentation of a government ID or submission to a biometric face scan).
A similar effort has been proposed by the Senate. At the state level, places such as California, Texas, and Utah have their own age-gating legislation. Additionally, California and Illinois are pushing requirements that at least some operating systems collect age-bracket information on users to relay to websites as a means to ensure age-appropriate user experiences.
Also, the Senate is considering the SCREEN Act, which is intended to prevent minors from viewing sexually explicit material online, seemingly by imposing more invasive age-gating protocols on anyone attempting to access such content. However, according to some analyses, the SCREEN Act may not only cover porn sites but also major streaming services and social media platforms. Furthermore, the SCREEN Act would require covered sites to crack down on people using VPNs to protect their privacy by circumnavigating compliance with age-gating requirements.
Despite some differences in the precise rationale and specific mechanisms imposed by these different pieces of legislation, the end result is always the same: an internet that is a little less free.
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