NY Targets Social Media Apps That Keep Kids Online for Too Long

Legislation proposed on Wednesday in New York aims to impose restrictions on online platforms such as Instagram and YouTube regarding the collection and sharing of children’s personal information. Additionally, it seeks to empower parents by allowing them to prevent their children from being overwhelmed by “addictive” content from accounts they do not follow.

Bills proposed by state leaders aim to protect young people from features designed to keep them endlessly reeling, endangering their mental health and development, Attorney General Letitia James said.

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“Young New Yorkers are struggling with record levels of anxiety and depression, and social media companies that use addictive features to keep minors on their platforms longer are largely to blame,” James said. “This legislation will help combat the risks of social media affecting our children and protect their privacy.”

The regulations sought by Democrats James and Gov. Kathy Hochul are similar to rules already in place in Europe, where violations can result in fines worth a percentage of revenue that can reach billions of dollars for high-net-worth tech companies.

One of the bills, the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, would allow parents to opt out of their children’s feeds using an algorithm. Instead, they would receive a chronological feed of content from users they 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 a user has previously clicked on.

Middle school teacher Kathleen Spence said some of her students come to class half asleep after spending nights poring over social media content generated by their smartphones. But her own daughter’s eating disorder and near-suicide forced her to speak up for the law.

Spence attributes her now 21-year-old daughter’s past mental health issues to the thousands of inappropriate messages and photos that flooded her social media feed after she made her first account at age 11 out of interest in Webkinz plush toys.

“I don’t want even one family to go through what my daughter and our family went through,” Spence said.

The legislation would also allow users to block access to social media platforms between midnight and 6 a.m. and limit the hours a child spends on the site.

Another bill, the New York Child Data Protection Act, would prohibit all websites from collecting, using, sharing or selling the personal information of children under the age of 18 unless they obtain their informed consent or it is otherwise necessary.

California-based Meta, which owns Facebook and Instagram, said parental controls and other measures are already in place to ensure teenagers have age-appropriate experiences online, adding that algorithms are also used to filter out harmful content.

“We’re drawing on research, feedback from parents, teens, experts and researchers to inform our approach,” Antigone Davis, Meta’s director of global security, said in a statement, “and we’ll continue to evaluate proposed legislation and work with policymakers to develop simple and easy solutions for parents to these important industry-wide questions.”

Businesses can be fined up to $5,000 for violating either law.

Under new digital rules that took effect this year in the 27-member European Union, platforms must offer users an alternative to automated systems that recommend videos and posts based on their profile. Thus, for example, Meta now also enables European users to see Chronological Facebook and Instagram posts only from people they follow.

Rules known as the Digital Services Act. also prohibits platforms from using children’s information and online activity to target them with personalized ads.

Another regulation, the General Data Protection Regulation or GDPR, offers EU residents enhanced data protection and rights. TikTok was slapped with a $366 million fine by regulators last month for violating the GDPR by failing to protect children’s privacy.

New York’s legislation also follows other US states taking steps this year to limit children’s use of social media. In March, Utah became the first state to pass laws requiring minors to obtain parental consent before using social media. The laws also require companies to verify the ages of all their Utah users, impose a digital curfew on those under 18, and ban advertising to minors. However, experts have pointed out that the new rules, which are due to come into effect next year, may be difficult to enforce.

Meanwhile, a federal judge in August struck down another Arkansas state law that would have also required parental consent for children to create social media accounts.

New York’s proposals drew swift opposition from a tech industry trade group, which urged the state to consider an alternative approach as an “unconstitutional, wasteful enterprise.”

“It’s unfortunate for New Yorkers that the state is stripping parents of their right to raise their children the way they see fit, while ignoring the simple steps of working with schools and community leaders to educate students and adults on how to use social media safely and responsibly,” said Carl Szabo, Vice President of NetChoice and general counsel, whose members include Meta and TikTok.

TikTok didn’t address the legislation directly in its statement, but pointed to an increase in security features announced earlier this year, including a requirement for teens to enter a passcode if they want to continue watching after 60 minutes.

James said he believed the New York legislation’s narrow focus on “addictive qualities that keep kids online longer” would allow it to withstand potential legal challenges.

In addition to passing new laws, some states have also sued social media companies over a range of issues, including their algorithms and data collection practices. This week, Utah filed a lawsuit against TikTok, alleging that the app’s addictive algorithm harms minors. Arkansas is also suing TikTok and Meta. which owns Facebook and Instagram. Indiana sued TikTok last year, claiming the Chinese-owned app misleads users about the level of inappropriate content on the app and the security of their data, but the challenge doesn’t appear to be going in the state’s favor.

The US Supreme Court is preparing to rule on whether state attempts to regulate social media platforms violate the Constitution. The justices are reviewing two laws in Florida and Texas that mostly aim to prevent social platforms from censoring users based on their views.

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