New York state would restrict how online platforms like Instagram and YouTube can collect and share children’s personal information under a bill proposed Wednesday that would limit the way online platforms like Instagram and YouTube collect and share children’s personal information, including “addictive” information from accounts their parents don’t follow. This will prevent children from being exposed to the feed.
Attorney General Letitia James said the bill proposed by state leaders aims to protect young people from features designed to make them scroll endlessly and put their mental health and development at risk. That’s what it means.
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“Young New Yorkers are suffering record levels of anxiety and depression, and social media companies are largely responsible for using addictive features to keep minors on their platforms longer.” ” said James. “This law will help address the risks of social media affecting children and protect their privacy.”
The regulations sought by Gov. James Hochul and Kathy Hochul, both Democrats, are similar to rules already in place in Europe, where violations would result in fines equal to a percentage of revenue. This could amount to billions of dollars for wealthy tech companies.
One bill, the Anti-Addictive Feed Exploitation for Children Act (SAFE), would allow parents to opt their children out of receiving algorithmically-curated feeds. Instead, you’ll get a chronological feed of content from users you already follow. Algorithms are automated systems used by social media platforms to keep users engaged by suggesting content based on groups, friends, topics, and headlines that users have clicked on in the past.
Middle school teacher Kathleen Spence said some students come to class half asleep after spending the night engrossed in social media content on their smartphones. But it was her own daughter’s eating disorder and her near suicide that prompted her to speak out in support of her bill.
Spence said her daughter, now 21, has had a history of mental health struggles since she became interested in Webkins stuffed animals at the age of 11 and created her first account, after which thousands of accounts littered her social media feeds. They blame inappropriate posts and images.
“I don’t want any other family to go through what my daughter and our family went through,” Spence said.
The bill would also allow users to block access to social media platforms from midnight to 6 a.m. and limit the amount of time children spend on sites.
The second bill, the New York Children’s Data Protection Act, would prohibit all online sites from collecting, using, or collecting personal data from anyone under the age of 18, except with informed consent or when otherwise necessary. It is prohibited to share or sell.
California-based Meta, which operates Facebook and Instagram, already has parental monitoring tools and other measures in place to ensure teens have an age-appropriate experience online. He added that algorithms are also used to filter harmful content.
“We rely on research and feedback from parents, teens, experts and academics to determine our approach,” Antigone Davis, Meta’s global safety officer, said in a statement. . We develop simple and easy solutions for parents on these important industry-wide issues. ”
Companies can be fined $5,000 for each violation of either law.
Under new digital rules implemented this year in 27 European Union countries, platforms must offer alternatives to automated systems that recommend videos and posts based on users’ profiles. So, for example, Meta now allows a user in Europe to see only her Facebook and Instagram posts from people she follows in chronological order.
This regulation is known as the Digital Services Act. It also prohibits platforms from using children’s data or online activity to target personalized ads.
Another regulation, the General Data Protection Regulation (GDPR), provides enhanced data protection and rights for EU residents. Last month, regulators fined TikTok $366 million for violating GDPR by failing to protect children’s privacy.
New York’s bill follows steps other U.S. states have taken this year to curb children’s social media use. In March, Utah became the first state to pass a law requiring minors to obtain parental consent before using social media. The law also requires companies to verify the age of all users in Utah, impose a digital curfew on people under 18, and prohibit advertising to minors. . But experts say the new rules, set to take effect next year, could be difficult to enforce.
Meanwhile, another state law in Arkansas that also required parental consent for children to create social media accounts was put on hold by a federal judge in August.
New York’s proposal quickly drew opposition from tech industry trade groups, who urged the state to consider alternative approaches to what it called an “unconstitutional and wasteful effort.”
“Unfortunately for New Yorkers, the state ignores the simple steps of working with school and local leaders to educate students and adults on how to use social media in a safe manner, while allowing parents to see fit. “It’s depriving parents of the right to raise their children in a responsible manner,” said Carl Szabo, vice president and general counsel at NetChoice, whose members include Meta and TikTok.
TikTok did not directly address the bill in its statement, but it announced earlier this year that it would require teens to enter a passcode if they want to continue watching after 60 minutes on the site. He pointed out the enhanced safety features that have been introduced.
James said he believes New York’s bill will withstand potential legal challenges because it focuses on “addictive features that keep kids online longer.”
Apart from enacting new laws, some states are also taking social media companies to court over a number of issues, including algorithms and data collection practices. This week, the state of Utah filed a lawsuit against TikTok, alleging that TikTok’s addictive algorithms harm minors. The state of Arkansas is also suing TikTok and Meta. Owns Facebook and Instagram. Indiana sued TikTok last year, accusing the Chinese-owned app of misleading users about the level of inappropriate content on the app and the safety of their information, but the suit did not go in the state’s favor. It seems so.
The U.S. Supreme Court is preparing to decide whether states’ attempts to regulate social media platforms violate the Constitution. The justices will review two laws in Florida and Texas that are primarily aimed at preventing social platforms from censoring users based on their views.
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