AP

Utah social media law is ambitious, but is it enforceable?

Mar 25, 2023, 6:00 AM

social media icons pictured, a new social media law coming to utah...

FILE - This Friday, Feb. 16, 2018, file photo shows application icons from left, Facebook, Facebook Messenger and Messenger Kids on an iPhone in New York, (AP Photo/Jenny Kane, File)

(AP Photo/Jenny Kane, File)

Utah’s sweeping 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 LGBTQ+ 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.

“Some of these verification measures are wonderful, but then also require the collection of sensitive data. And those can pose new risks, especially for marginalized youth,” Perry said. “And it also puts a new kind of burden on parents to monitor their children. These things seem simple and straightforward on their face, but in reality, there are new risks that may emerge in terms of that that collection of additional data on children.”

Just as teens have managed to obtain fake IDs to drink, they are also savvy at skirting online age regulations.

“In Southeast Asia they’ve been trying this for years, for decades, and kids always get around it,” said Gaia Bernstein, author of “Unwired,” a book on how to fight technology addiction.

The problem, she said, is that the Utah rules don’t require social networks to prevent kids from going online. Instead, they are making the parents responsible.

“I think that’s going to be the weak link in the whole thing, because kids drive their parents insane,” Bernstein said.

There is no precedent in the United States for such drastic regulation of social media, although several states have similar rules in the works.

On the federal level, companies are already prohibited from collecting data on children under 13 without parental consent under the Children’s Online Privacy Protection Act. For this reason, social media platforms already ban kids under 13 from signing up to their sites — but children can easily skirt the rules, both with and without their parents’ consent.

Perry suggests that instead of age verification, there are steps tech companies could take to make their platforms less harmful, less addictive, across the board. For instance, Instagram and TikTok could slow down all users’ ability to mindlessly scroll on their platforms for hours on end.

The laws are the latest effort from Utah lawmakers focused on children and the information they can access online. Two years ago, Gov. Spencer Cox signed legislation that called on tech companies to automatically block porn on cell phones and tablets sold, citing the dangers it posed to children. Amid concerns about enforcement, lawmakers in the deeply religious state revised the bill to prevent it from taking effect unless five other states passed similar laws — which has not happened.

Still, child development experts are generally hopeful about the growing push to regulate social media and its effects on children.

“Children have specific developmental needs, and we want to protect them at the same time that we’re trying to push back on Big Tech,” Perry said. “It’s a two-part effort. You have to really put your arm around the kids while you’re pushing Big Tech away.”

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Today’s Top Stories

AP

close up of a peleton bike pictured, a recall has been issued for some...

Associated Press

Peloton recalling more than 2M exercise bikes because the seat post assembly can break during use

The recall includes approximately 2.2 million of the Peloton Bikes Model PL01. The bikes were sold from January 2018 through May 2023 for about $1,400.

11 months ago

Immigration Asylum Family Reunification Explainer....

JULIE WATSON Associated Press

US will let in at least 100,000 Latin Americans to reunite with families

President Joe Biden's administration has promised to offer more legal options for Latin American migrants to come to the United States to be reunited with their families.

11 months ago

two border patrol agents pictured, agents are dealing with a surge as title 42 reaches its expirati...

Associated Press

Title 42 has ended. Here’s what it did, and how US immigration policy is changing

The end of Title 42's use has raised questions about what will happen with migration preparing for an increase in migrants.

11 months ago

Rumman Chowdhury is pictured, she is the coordinator for the mass AI hacking exercise...

Associated Press

Hackers aim to find flaws in AI – with White House help

No sooner did ChatGPT get unleashed than hackers started “jailbreaking” the artificial intelligence chatbot – trying to override its safeguards so it could blurt out something unhinged or obscene. But now its maker, OpenAI, and other major AI providers such as Google and Microsoft, are coordinating with the Biden administration to let thousands of hackers […]

11 months ago

Parents of Ema Kobiljski, 13, mourn during the funeral procession at the central cemetery in Belgra...

JOVANA GEC Associated Press

Burials held in Serbia for some victims of mass shootings

Funerals are taking place in Serbia for some of the victims of two mass shootings that happened in just two days, leaving 17 people dead and 21 wounded, many of them children.

11 months ago

interest rate...

DAVID McHUGH AP Business Writer

Europe’s inflation inches up ahead of interest rate decision

Europe's painful inflation has inched higher, extending the squeeze on households and keeping pressure on the European Central Bank to unleash what could be another large interest rate increase.

11 months ago

Sponsored Articles

close up of rose marvel saliva blooms in purple...

Shannon Cavalero

Drought Tolerant Perennials for Utah

The best drought tolerant plants for Utah can handle high elevations, alkaline soils, excessive exposure to wind, and use of secondary water.

Group of cheerful team members high fiving each other...

Visit Bear Lake

How To Plan a Business Retreat in Bear Lake This Spring

Are you wondering how to plan a business retreat this spring? Read our sample itinerary to plan a team getaway to Bear Lake.

Cheerful young woman writing an assignment while sitting at desk between two classmates during clas...

BYU EMBA at the Marriott School of Business

Hear it Firsthand: 6 Students Share Their Executive MBA Experience at BYU’s Marriott School of Business

The Executive MBA program at BYU offers great opportunities. Hear experiences straight from students enrolled in the program.

Skier being towed by a rider on a horse. Skijoring....

Bear Lake Convention and Visitors Bureau

Looking for a New Winter Activity? Try Skijoring in Bear Lake

Skijoring is when someone on skis is pulled by a horse, dog, animal, or motor vehicle. The driver leads the skiers through an obstacle course over jumps, hoops, and gates.

Banner with Cervical Cancer Awareness Realistic Ribbon...

Intermountain Health

Five Common Causes of Cervical Cancer – and What You Can Do to Lower Your Risk

January is National Cervical Cancer Awareness month and cancer experts at Intermountain Health are working to educate women about cervical cancer.

Kid holding a cisco fish at winterfest...

Bear Lake Convention and Visitors Bureau

Get Ready for Fun at the 2023 Bear Lake Monster Winterfest

The Bear Lake Monster Winterfest is an annual weekend event jam-packed full of fun activities the whole family can enjoy.

Utah social media law is ambitious, but is it enforceable?