Tag: think of the children

New York Democrat Files Bills To Restrict THC Potency In Marijuana And Ban Consumption Within 30 Feet Of Children

A New York Democrat has introduced a pair of bills that would put new restrictions on marijuana in the state. One measure would limit the THC potency of cannabis products, while the other would prohibit cannabis consumption within 30 feet of where any child lives.

Both bills, A977 and A1007, were filed on Wednesday by Assemblymember Phil Steck. The potency proposal would limit marijuana flower to no more than 15 percent delta-9 THC, while all other cannabis products—including concentrates and hemp-derived products—would be capped at 25 percent delta-9 THC.

Growing, processing or distributing products exceeding those limits would be a Class B misdemeanor, punishable by up to 90 days in jail and a $500 fine.

The consumption measure, meanwhile, would outlaw smoking or vaping cannabis “within thirty feet of a child or within thirty feet of any location in which children reside or attend for any recreational or educational purpose.”

The restriction would include “areas separated by walls, closed door or floors within a building,” meaning the change could theoretically limit cannabis consumption even within users’ private residences if their neighbors have kids.

In addition to that provision, the consumption bill would also step up penalties for second and subsequent offenses around unlawful marijuana use, such as consuming near schools or using in areas where smoking or vaping is otherwise prohibited. Currently those activities are civil violations that carry a fine of up to $25 or community service. Under Steck’s bill, that would still be true for the first offense, but subsequent offenses would be charged as Class B misdemeanors.

A legislative memo in support of tighter consumption restrictions says that research has “shown that second-hand smoke from vaping and smoking cannabis are proven to be harmful to the health of adults and children.”

“Most adults have to ability to remove themselves from the area, children may not have the same ability,” the memo says. “This bill requires adults maintain a safe distance from children when smoking or vaping cannabis.”

As for Steck’s proposed THC limit, the memo in support of that proposal says that “the most egregious omission in legalizing adult-use cannabis in New York State is the absence of any cap on its potency.”

“Most people can use cannabis safely,” it says, but with increased availability of higher THC concentrations, there have been more adverse drug reactions.”

The memo also says that in particular, “edibles are trouble,” citing a study out of Colorado that found that edibles accounted for less than 1 percent of statewide cannabis sales but were responsible for 11 percent of emergency room visits.

“With an eye towards public health and safety,” it adds, “this legislation imposes a 15 percent cap on any cannabis flower, and a 25 percent cap on the concentration of the active ingredient delta-9 tetrahydrocannibinol in all manufactured cannabis products in the state.”

Notably, the bill would not adjust the total allowable THC limits in state-legal cannabis edibles, and the percentage-based limits would likely do little to rein in potency of the products. Even at the proposed 25 percent THC limit, a gummy weighing just 2 grams could contain up to half a gram of THC—a massive dose for most consumers.

The advocacy group NORML quickly came out against the new potency bill, A977, calling its proposed limits “arbitrary” in an email to supporters on Thursday.

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Five Eyes Urges Broader Censorship Under “Protect the Children” Campaign

A network facilitating spy agencies’ intelligence-sharing between the US, UK, Canada, Australia, and New Zealand, known as Five Eyes, has its sights set on encryption, and proceeding from that, also online anonymity.

Even more online censorship would also not be a bad idea – these are some of the highlights from the first public-facing paper the organizations behind this group have published.

We obtained a copy of the paper for you here.

And Five Eyes is not above promoting its ultimate and much more far-reaching goals by using the good old “think of the children” – the paper’s title is, Young People and Violent Extremism: A Call for Collective Action.

Both it and an accompanying press release choose to consider online encryption as merely a tool used by criminals. At the same time, the paper is ignoring the fact that the entire internet ecosystem, from communications to banking and everything in between, requires strong encryption both for privacy, and security.

But, Five Eyes focuses only on communications, which they vaguely refer to as online environments, and ones that can allow sex offenders access to children, they also mention extremists, and equally vaguely, “other” malign actors.

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X’s Linda Yaccarino Backs Kids’ “Safety” Bill as Digital ID Privacy Fears Grow

As the legislative session nears its conclusion, X CEO Linda Yaccarino has announced her role in revising the Kids Online Safety Act (KOSA), a move seemingly intended to sway hesitant Republican leaders in the House. But skeptics warn that the bill’s approach to protecting children online—through measures likely to lead to age verification—could come at the cost of privacy and online anonymity, leading to the broader adoption of digital ID systems.

Under KOSA, tech platforms would face a “duty of care” to prevent harm to minors, targeting features like infinite scroll and photo filters. While Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN) lauded the updates for “safeguarding free speech online and ensuring it is not used to stifle expression,” privacy advocates argue the bill’s underlying mechanisms remain problematic. They warn that fulfilling KOSA’s requirements could necessitate platforms to verify users’ ages, potentially by tying online activity to government-issued IDs—a move that threatens to erode online anonymity and jeopardize free expression.

While the bill itself does not mandate age verification, it requires a “duty of care” towards content shown to minors that could cause platforms to introduce age verification to avoid liability. Despite the updated text of the bill, it still contains a controversial provision that will likely ultimately pave the way for online age verification (by requiring the Secretary of Commerce, FTC, and FCC to study “options for developing systems to verify age at the device or operating system level”).

X owner Elon Musk has recently criticized Australia for trying to implement a similar bill so it’s unclear why Musk and Yaccarino aren’t aligned on the issue.

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Food and Drug Administration Defends Refusal To Approve Flavored E-Cigarettes Before the Supreme Court

The Supreme Court heard the Food and Drug Administration’s (FDA) appeal in Food and Drug Administration v. Wages and White Lion Investments, LLC on Monday. The case concerns the FDA’s requirement for scientific studies to approve premarket tobacco applications (PMTAs) for flavored electronic cigarette (e-cigarette) manufacturers and distributors. The FDA’s requirement contradicts data and years of its own guidance for the end of reducing an exaggerated epidemic of underage nicotine use.

Concerns about rampant teen nicotine use are common. They are also commonly exaggerated. NPR originally claimed that “the percentage of high school kids who reported daily vaping of e-cigarettes jumped from 9.7% in 2014 to 30% in 2023.” (The outlet has since printed a correction.) What the FDA and CDC’s 2023 National Youth Tobacco Survey actually said was that 29.9 percent of high schoolers currently using e-cigarette were daily users; only 10 percent of all high schoolers were current users, (down from 14.1 percent in 2022), 90.3 percent of whom used flavored products. If “e-cigarettes have filled the vacuum” left by smoking, as former FDA deputy commissioner William Schultz says to NPR, the vacuum is not as large as people are led to believe.

The 2024 National Youth Tobacco Survey shows that this figure has fallen even further: from 10 percent to 7.8 percent. E-cigarettes have become increasingly unpopular with middle school and high school students despite sales increasing 47 percent from 2019 to 2023. More than 80 percent of this is attributable to flavored products, according to data from the CDC Foundation and Truth, a nonprofit public health organization committed to preventing youth nicotine addiction.

E-cigarettes are not the only product inappropriate for consumption by middle schoolers and high schoolers, alcohol is too. Despite the popularity of Pink Whitney, Fireball, Mike’s Hard Lemonade, and other sugary, colorful alcoholic drinks among high schoolers, federal regulators allow these products to be manufactured and distributed. The prohibition of such goods to adults would be unwarranted, not to mention infeasible. Nonetheless, the paternalistic Family Smoking Prevention and Tobacco Control Act of 2009, which grants the FDA the authority to regulate tobacco and nicotine products, restricts what kinds of tobacco products adults may consume.

The Act explicitly “prohibits a cigarette or any of its components from containing…any artificial or natural flavor (other than tobacco or menthol) or any herb or spice (including strawberry, grape, orange, clove, cinnamon, and vanilla.” The law also directs the Secretary of Health and Human Services of the FDA to establish the Center for Tobacco Products and to, among various responsibilities, “develop an action plan to enforce restrictions on the promotion and advertising of menthol and other cigarettes to youth.”

But the Act also “prohibits the secretary from: imposing unduly burdensome requirements” on manufacturers and importers. This provision is problematic for the FDA’s wholesale denial of PMTAs to flavored nicotine products. In the Fifth Circuit’s January 2024 opinion, Judge Andrew Oldham explains that the FDA “sent manufacturers of flavored e-cigarette products on a wild goose chase” by imposing new testing requirements after “promulgat[ing] hundreds of pages of guidance documents” between 2018 and 2020.

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Meta Pushes for a Digital ID Revolution

Meta is coming out as a supporter of age verification, and the proposal the giant is putting forward exposes and sums up many of the points critics have been consistently making.

A blog post by Meta VP and Global Head of Safety Antigone Davis proposes to implement age verification at the operating system/app stores level.

Although the narrative around child safety and difficulties of parenting “in the digital age” dominates the article, “the meat of it” are the implications that this approach brings with it: namely, it creates a situation where, down the line, people would be forced to link real-world identity to their phone’s operating system (OS).

And everything they do using the phone is exposed to that OS.

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Push to Pass KOSA Spurs Fears Over Privacy and Free Speech

Attorneys general from 32 jurisdictions — including 31 states and the District of Columbia — have signed an open letter urging Congress to pass the Kids Online Safety Act (KOSA) before the looming conclusion of the current session early next year. This legislation, although primarily aimed at protecting minors from digital harms, introduces significant implications for online privacy and freedom of speech through proposed mechanisms for age verification and potential censorship.

We obtained a copy of the letter for you here.

KOSA itself doesn’t mandate direct implementation of online age verification but tasks the Secretary of Commerce, along with the FTC and FCC, with exploring “options for developing systems to verify age at the device or operating system level.” This move toward digital identification could fundamentally alter the landscape of internet privacy, linking social media accounts and other online activities directly to real-world identities.

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Senate Passes Kids’ “Safety” Bills Despite Privacy, Digital ID, and Censorship Concerns

Two bills combined – the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) – have passed in the US Senate in a 91-3 vote, and will now be considered by the House.

Criticism of the bills focuses mainly on the likelihood that, if and when they become law, they will help expand online digital ID verification, as well as around issues like censorship (removal and blocking of content).

Related: The 2024 Digital ID and Online Age Verification Agenda

The effort to make KOSA and COPA 2.0 happen was spearheaded by a parent group that was pushing lawmakers and tech companies’ executives to move in this direction, and their main demand was to enact new rules that would prevent cyberbullying and other harms.

And now the main sponsors, senators Richard Blumenthal, a Democrat, and Republican Marsha Blackburn are trying to dispel these concerns, suggesting these are not “speech bills” and do not (directly) impose age verification.

Further defending the bills, they say that the legislation does not mandate that internet platforms start collecting even more user data, and reject the notion it is invasive of people’s privacy.

But the problem is that although technically true, this interpretation of the bills’ impact is ultimately incorrect, as some of their provisions do encourage censorship, facilitate the introduction of digital ID for age verification, and leave the door open for mass collection of online users’ data – under specific circumstances – and end ending anonymity online.

The bills are hailed by supporters as “landmark” legislation that is the first to focus on protecting children on the internet in the last 20 years, with some lawmakers in the Senate, like majority leader, Democrat Chuck Schumer, describing the result of the vote as “a momentous day.”

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Biden-Harris Task Force Urges Online Age Verification Digital ID Tool Development

The online digital ID age verification creep in the US continues from a number of directions, through “recommendations” and “studies” – essentially, the government is nudging the industry to move in the direction of implementing digital ID age verification tools.

At this point, it is happening via various initiatives and legislation, still, without being formally mandated.

One instance is a recommendation coming from the Biden-Harris Administration’s Kids Online Health and Safety Task Force, which is telling online service providers they should “develop and inform parents about age verification tools built into the app or available at the device level.”

The task force is led by the Department of Health and Human Services, HHS (its Substance Abuse and Mental Health Service Administration, SAMHSA,) in what is referred to in official statements as “close partnership” with the Department of Commerce.

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Senate Passes Kids’ “Safety” Bills Despite Privacy, Digital ID, and Censorship Concerns

Two bills combined – the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) – have passed in the US Senate in a 91-3 vote, and will now be considered by the House.

Criticism of the bills focuses mainly on the likelihood that, if and when they become law, they will help expand online digital ID verification, as well as around issues like censorship (removal and blocking of content).

The effort to make KOSA and COPA 2.0 happen was spearheaded by a parent group that was pushing lawmakers and tech companies’ executives to move in this direction, and their main demand was to enact new rules that would prevent cyberbullying and other harms.

And now the main sponsors, senators Richard Blumenthal, a Democrat, and Republican Marsha Blackburn are trying to dispel these concerns, suggesting these are not “speech bills” and do not (directly) impose age verification.

Further defending the bills, they say that the legislation does not mandate that internet platforms start collecting even more user data, and reject the notion it is invasive of people’s privacy.

But the problem is that although technically true, this interpretation of the bills’ impact is ultimately incorrect, as some of their provisions do encourage censorship, facilitate the introduction of digital ID for age verification, and leave the door open for mass collection of online users’ data – under specific circumstances – and end ending anonymity online.

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Surgeon General Murthy Advocates for Digital ID to Combat Online “Misinformation” and Protect Youth

These days, as the saying goes – you can’t swing a cat without hitting a “paper of record” giving prominent op-ed space to some current US administration official – and this is happening very close to the presidential election.

This time, the New York Times and US Surgeon General Vivek Murthy got together, with Murthy’s own slant on what opponents might see as another push to muzzle social media ahead of the November vote, under any pretext.

A pretext is, as per Murthy: new legislation that would “shield young people from online harassment, abuse and exploitation,” and there’s disinformation and such, of course.

Coming from Murthy, this is inevitably branded as “health disinformation.” But the way digital rights group EFF sees it – requiring “a surgeon general’s warning label on social media platforms, stating that social media is associated with significant mental health harms for adolescents” – is just unconstitutional.

Whenever minors are mentioned in this context, the obvious question is – how do platforms know somebody’s a minor? And that’s where the privacy and security nightmare known as age verification, or “assurance” comes in.

Critics think this is no more than a thinly veiled campaign to unmask internet users under what the authorities believe is the platitude that cannot be argued against – “thinking of the children.”

Yet in reality, while it can harm children, the overall target is everybody else. Basically – in a just and open internet, every adult who might think using this digital town square, and expressing an opinion, would not have to come with them producing a government-issued photo ID.

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