I'm impressed by the follow-up article from the Boston Globe on the House's disaster of a bill passed last week.*
Civil liberties groups and organizations in favor of tech privacy — including some that are backing the bills — warn the proposals could backfire and make online activity even less private by requiring users to submit personal information to verify their ages or parental status.
Some restrictions, experts argue, would also face First Amendment challenges by limiting young people’s speech and vulnerable groups’ abilities to find community online.
They also note that this means we're not fulfilling our responsibility to students:
“Children need to learn how to use social media so they aren’t using it irresponsibly, and we need to learn how to use our phones,” said Max Nash, a junior at Mashpee High School who formed the Coalition for Student Mental Health to lobby for alternative tech policies. “But that requires education and not a ban.”
I appreciate Rep. Gordon in general, but this is such an odd thing to own up to:
Representative Kenneth Gordon, who chairs the education committee, said lawmakers shaped the bill to closely follow a similar law in Florida, whose under-14 social media ban has faced court challenges for two years.
Florida + court challenges seemed like a good path to follow?
And all of this here:
Both the Healey and House proposals would require age verification measures that civil liberties groups and privacy experts say are excessive. All users — not just minors — could be required to give tech companies more personal information, such as photos of government IDs, to prove their age, they warned.
Healey’s proposal, for instance, would require social media companies to provide a host of age-specific data that could require checking users’ ages.
People who don’t have such IDs, or might be hesitant to provide them, could then be unable to access a wide range of online content. The bill includes a broad definition of social media sites, including nearly any platform with personal accounts and user-generated content, which opponents argue could encompass sites such as the popular information forum Wikipedia.
That ID hurdle has formed the basis of First Amendment challenges in many states, according to Paul Taske, co-director of the NetChoice Litigation Center, a tech industry-funded group that has successfully sued to have the law set aside in several cases.
“Ultimately, the laws suffer from the same core constitutional infirmity: They block or restrict access for users, particularly minors, but also adults when it comes to speech that is lawful for everyone,” Taske said.
Cybersecurity experts warn that children could bypass the checks, and hackers could seek to steal data collected. Parental consent requirements could present further security issues, with little way for parents to reliably prove their relation to a user, opening the door for nefarious actors who abuse online reporting systems.
More than 400 cybersecurity experts, including from MIT, Tufts University, and Boston University, issued a public letter last month calling for a moratorium on online age verification laws they said “might cause more harm than good.”
“This policy will inevitably massively reduce privacy online by forcing users to reveal more information to service providers than they do nowadays,” the group wrote.
The age verification measures could also run counter to the goals of a separate date privacy bill the state Senate passed last fall and is backed by the ACLU of Massachusetts and other groups. That legislation would allow companies to collect only “reasonably necessary” personal data and permit consumers to opt out of data collection. Companies would also be barred from selling children’s data.
Plus, of course, there are those who have positive uses for social media that would be barred by this bill:
Advocacy organizations also raised concerns about other First Amendment violations, including for users who might face the most repercussions from verification measures and social media restrictions.
Such a law, some argue, could limit teenagers’ abilities to organize political activity, hear the latest news, express themselves creatively, or find community online.
Teddy Walker, a 21-year-old Bostonian who is trans and a leader of a group organized to protect trans rights, said he was isolated and depressed as a teenager until he found solace in Instagram and YouTube trans communities.
“It really helped give me the language and understanding for who I am,” Walker said. The proposed parental restrictions could “lead to trans youth and trans kids being less safe, being less able to access that content online that was so life-saving and life-affirming for me.”
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| you're a mess, you're a mess, good God, you're a mess! |
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*And how often do I say that?

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