reader comments 104 On Monday, Florida became the first state to ban kids under 14 from social media without parental permission. It appears likely that the law—considered one of the most restrictive in the US—will face significant legal challenges, however, before taking effect on January 1.
Under HB 3, apps like Instagram, Snapchat, or TikTok would need to verify the ages of users, then delete any accounts for users under 14 when parental consent is not granted. Companies that "knowingly or recklessly" fail to block underage users risk fines of up to $10,000 in damages to anyone suing on behalf of child users. They could also be liable for up to $50,000 per violation in civil penalties.
In a statement, Florida governor Ron DeSantis said the "landmark law" gives "parents a greater ability to protect their children" from a variety of social media harm. Florida House Speaker Paul Renner, who spearheaded the law, explained some of that harm, saying that passing HB 3 was critical because "the Internet has become a dark alley for our children where predators target them and dangerous social media leads to higher rates of depression, self-harm, and even suicide."
But tech groups critical of the law have suggested that they are already considering suing to block it from taking effect.
In a statement provided to Ars, a nonprofit opposing the law, the Computer & Communications Industry Association (CCIA) said that while CCIA "supports enhanced privacy protections for younger users online," it is concerned that "any commercially available age verification method that may be used by a covered platform carries serious privacy and security concerns for users while also infringing upon their First Amendment protections to speak anonymously."
Advertisement"This law could create substantial obstacles for young people seeking access to online information, a right afforded to all Americans regardless of age," Khara Boender, CCIA's state policy director, warned. "It's foreseeable that this legislation may face legal opposition similar to challenges seen in other states."
Carl Szabo, vice president and general counsel for Netchoice—a trade association with members including Meta, TikTok, and Snap—went even further, warning that Florida's "unconstitutional law will protect exactly zero Floridians."
Szabo suggested that there are "better ways to keep Floridians, their families, and their data safe and secure online without violating their freedoms." Democratic state house representative Anna Eskamani opposed the bill, arguing that "instead of banning social media access, it would be better to ensure improved parental oversight tools, improved access to data to stop bad actors, alongside major investments in Florida’s mental health systems and programs."
Netchoice expressed "disappointment" that DeSantis agreed to sign a law requiring an "ID for the Internet" after "his staunch opposition to this idea both on the campaign trail" and when vetoing a prior version of the bill.
"HB 3 in effect will impose an 'ID for the Internet' on any Floridian who wants to use an online service—no matter their age," Szabo said, warning of invasive data collection needed to verify that a user is under 14 or a parent or guardian of a child under 14.
"This level of data collection will put Floridians’ privacy and security at risk, and it violates their constitutional rights," Szabo said, noting that in court rulings in Arkansas, California, and Ohio over similar laws, "each of the judges noted the similar laws’ constitutional and privacy problems."
Florida law also requires ID to access porn
DeSantis' statement noted that "in addition to protecting children from the dangers of social media, HB 3 requires pornographic or sexually explicit websites to use age verification to prevent minors from accessing sites that are inappropriate for children."
This suggests that Florida could face a legal challenge from adult sites like Pornhub, which have been suing to block states from requiring an ID to access adult content. Most recently, Pornhub blocked access to its platform in Texas, arguing that such laws "impinge on the rights of adults to access protected speech" and fail "strict scrutiny by employing the least effective and yet also most restrictive means of accomplishing Texas's stated purpose of allegedly protecting minors."
Ars could not immediately reach Pornhub for comment on whether Florida's law will potentially impact access to services in that state.
Meta accused of lagging on child safety solutions
According to the Guardian, Renner expected that social media companies would "sue the second after" HB 3 was signed. So far, no legal challenges have been raised, but Renner seemingly expects that the law's focus on "addictive features such as notification alerts and autoplay videos, rather than on their content" would ensure that the law defeats any constitutional concerns potentially raised by social media companies.
"We’re going to beat them, and we’re never, ever going to stop," Renner vowed.
AdvertisementArs could not immediately reach any social media companies for comment.
Social media companies have remained under fire for not doing enough to combat child safety concerns. Earlier this year at a Senate Judiciary Committee hearing weighing child safety solutions on social media, Meta CEO Mark Zuckerberg apologized to parents of children who committed suicide or experienced mental health issues after using Facebook and Instagram.
Following that hearing, senators have accused Meta of "failing to take their follow-up questions seriously as they continue to investigate how digital platforms may exacerbate the spread of child-abuse material online, The Washington Post reported.
In response to lawmakers' concerns about the pace of Meta's responses, Meta spokesperson Andy Stone said that Meta intended to respond to more than 500 questions "on a rolling basis."
From the responses that Meta has provided so far to the Senate Judiciary Committee, the company continues to defend its efforts to take young users' mental health issues seriously, writing, "We regularly consult with experts in adolescent development, psychology, and mental health to help make our platforms safe and age-appropriate for young people, including improving our understanding of which types of content may be less appropriate for teens."
While combating social media harms to kids remains a priority for lawmakers, the National Academies of Sciences, Engineering, and Medicine has recognized that there are benefits of social media use, too. Platforms "should make a good faith effort to ensure researchers can access their data" to continue probing the matter, that report concluded.
