Tech Companies Challenge Arkansas Law Requiring Age Verification for Social Media Use
Arkansas’ law mandating age verification on social media platforms has faced opposition from the technology industry. NetChoice, a tech trade group representing major companies like Google, Meta, and TikTok, has filed a lawsuit against the state, claiming that the Social Media Safety Act violates the US Constitution. According to NetChoice, the law infringes upon individuals’ First Amendment rights by compelling them to disclose private information in order to use social networks. Additionally, the group argues that the legislation undermines families’ autonomy by usurping their decision-making authority.
The alliance also believes the law harms privacy and security by forcing Internet companies to rely on a third-party service to store and track children’s information. In-state residents are often unaware of or not connected to the service, NetChoice claims, and the out-of-state company is believed to be a “prime target” for hacking. The lawsuit says the law attempts to regulate the Internet outside of state laws and ignores federal law. Since Arkansas cannot verify residency without information, it asks everyone to provide documentation.
State Attorney General Tim Griffin tells ReturnByte in a statement that he expects to “vigorously defend” the social media security law. The law requires all users to verify their age with a driver’s license and other “commercially reasonable” means. Those under the age of 18 also need a parent’s consent. There are exceptions that seem to cover major social networks and related categories, such as “professional networking” (think LinkedIn) or short entertaining video clips (like TikTok).
The Arkansas requirement is part of a larger trend among politicians to require age verification on social media. States like Utah, Connecticut and Ohio have either passed or are considering similar laws, while Senator Josh Hawley proposed a federal bill to ban children under 16 from accessing social media. They are concerned that younger users may be exposed to creeping and inappropriate content. that use can harm mental health by presenting a distorted worldview and encouraging addiction.
There is no guarantee that the trial will be successful. However, if this happens, it may affect similar attempts to verify age using personal data. If Arkansas’ approach is deemed unconstitutional, other states may be forced to abandon their own efforts.
