EFF to California Lawmakers: There’s a Better Way to Help Young People Online

We’ve covered a lot of federal and state proposals that badly miss the mark when attempting to grapple with protecting young people’s safety online. These include bills that threaten to cut young people off from vital information, infringe on their First Amendment rights to speak for themselves, subject them (and adults) to invasive and insecure age verification technology, and expose them to danger by sharing personal information with people they may not want to see it.

Several such bills are moving through the California legislature this year, continuing a troubling years-long trend of lawmakers pushing similarly problematic proposals. This week, EFF sent a letter to the California legislature expressing grave concerns with lawmakers’ approach to regulating young people’s ability to speak online.

We’re far from the only ones who have issues with this approach. Many of the laws California has passed attempting to address young people’s online safety have been subsequently challenged in court and stopped from going into effect.

Our letter outlines the legal, technical, and policy problems with proposed “solutions” including age verification mandates, age gating, mandatory parental controls, and proposals that will encourage platforms to take down speech that’s even remotely controversial.

There are better paths that don’t hurt young people’s First Amendment rights.

We also note that the current approach completely ignores what we’ve heard from thousands of young people: the online platforms and communities they frequent can be among the safest spaces for them in the physical or digital world. These responses show the relationship between social media and young people’s mental health is far more nuanced than many lawmakers are willing to believe.

While our letter is addressed to California’s Assembly and Senate, they are not the only state lawmakers taking this approach. All lawmakers should listen to the people they’re trying to protect and find ways to help young people without hurting the spaces that are so important to them.

There are better paths that don’t hurt young people’s First Amendment rights and still help protect them against many of the harms that lawmakers have raised. In fact, elements of such approaches, such as data minimization, are already included in some of these otherwise problematic bills. A well-crafted privacy law that empowers everyone—children and adults—to control how their data is collected and used would be a crucial step in curbing many of these problems.

We recognize that many young people face real harms online, that families are grappling with how to deal with them, and that tech companies are not offering much help.

However, many of the California legislature’s proposals—this year, and for several years—miss the root of the problem. We call on lawmakers work with us to enact better solutions.