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Texas Bans Kids From Social Media Without Parental Consent (theverge.com) 254

Posted by BeauHD from the get-ready-for-more-checkboxes dept.
Texas Governor Greg Abbott has signed a bill prohibiting children under 18 from joining various social media platforms without parental consent. Similar legislation has been passed in Utah and Louisiana. The Verge reports: The bill, HB 18, requires social media companies to receive explicit consent from a minor's parent or guardian before they'd be allowed to create their own accounts starting in September of next year. It also forces these companies to prevent children from seeing "harmful" content -- like content related to eating disorders, substance abuse, or "grooming" -- by creating new filtering systems.

Texas' definition of a "digital service" is extremely broad. Under the law, parental consent would be necessary for kids trying to access nearly any site that collects identifying information, like an email address. There are some exceptions, including sites that primarily deliver educational or news content and email services. The Texas attorney general could sue companies found to have violated this law. The law's requirements to filter loosely defined "harmful material" and provide parents with control over their child's accounts mirror language in some federal legislation that has spooked civil and digital rights groups.

Like HB 18, the US Senate-led Kids Online Safety Act orders platforms to prevent minors from being exposed to content related to disordered eating and other destructive behaviors. But critics fear this language could encourage companies like Instagram or TikTok to overmoderate non-harmful content to avoid legal challenges. Overly strict parental controls could also harm kids in abusive households, allowing parents to spy on marginalized children searching for helpful resources online.
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Texas Bans Kids From Social Media Without Parental Consent More

Texas Bans Kids From Social Media Without Parental Consent

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  • The vague language: (Score:5, Informative)

    by Gravis Zero ( 934156 ) on Thursday June 15, 2023 @06:33AM (#63604530)

    (3)AA"Harmful material" has the meaning assigned by Section 43.24, Penal Code.

    here it is: https://statutes.capitol.texas... [texas.gov]

    (2) "Harmful material" means material whose dominant theme taken as a whole:
        (A) appeals to the prurient interest of a minor, in sex, nudity, or excretion;
        (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
        (C) is utterly without redeeming social value for minors.

    This is where it really breaks down because "patently offensive" and "prevailing standards" are arbitrary when it comes to enforcement.

    • Re:The vague language: (Score:5, Insightful)

      by Knightman ( 142928 ) on Thursday June 15, 2023 @06:58AM (#63604564)

      This seems apt:

      Give me six lines written by the hand of the most honest man, I will find something in them which will hang him
      - Cardinal Richelieu

    • Given the latest outrage I have seen that the new live action Disney princess Arielle is black, I expect someone to sue over it in Texas.

      • Given the latest outrage I have seen that the new live action Disney princess Arielle is black, I expect someone to sue over it in Texas.

        While people may gripe and boycott the movie, there's not much point in suing Disney when Disney didn't break any laws by changing the race of a character they created. The law is the law. This is one case which shows why people don't always equate what's legal and what's right.

      • Re:The vague language: (Score:4, Insightful)

        by JackieBrown ( 987087 ) on Thursday June 15, 2023 @11:22AM (#63605196)

        Most of the outrage I have seen has been that it's a horrible movie.

        That said, race swapping is a lazy way to get to diversity. Make something new and unique. Its got the Disney stamp, so new stuff (like Frozen or Princess Tiana) are almost guaranteed success.

    • This is where it really breaks down because "patently offensive" and "prevailing standards" are arbitrary when it comes to enforcement.

      It will be interesting to see what happens if a liberal part of Texas decides the NRA website and other gun websites are “patently offensive” based on “prevailing standards” and sues.

      • Probably they get their districts broken up, polling stations removed, then next year it's no longer a liberal part as far as representation goes. Or if that doesn't tip the scales enough, they just write it into the law that certain counties and cities aren't allowed to sue. That one's becoming popular lately, brought to you by the party of "local governance" of course.

    • This is standard boilerplate in all adult entertainment laws.

  • The kids will surely abide by this (Score:3, Insightful)

    by gtall ( 79522 ) on Thursday June 15, 2023 @06:37AM (#63604536)

    Those kids are not going to be stopped by some silly law designed to give the conservatives "talking points" with their sheep. That's all this bill is about, the kids will simply act like it does not exist.

    • Re: (Score:2)

      by Kokuyo ( 549451 )

      The way you write sure doesn't make you look biased at all. /s

      • Which part of his characterization do you disagree with, and why? It seems on-point to me. He didn't say anything about the average Democratic voter not being a sheep, either, but there was a rush to assume that.

    • Comment removed based on user account deletion

    • Re: (Score:2)

      by sinij ( 911942 )
      Sure, but companies targeting kids would be on the hook for any negative effects. Like TikTok pushing eating disorders content on kids. [nytimes.com]

    • Are you against all minor protection laws (like drinking and smoking) since kids usually find a way around these laws anyways?

      • Are you against all minor protection laws (like drinking and smoking) since kids usually find a way around these laws anyways?

        You're making a false equivalence. Drinking and Smoking laws have very very strong adherence along with a physical check in place at the time of sale. They are rarely circumvented in the grand scheme of things.

        On the flipside only "please enter your date of birth", or "click here to confirm your mommy is letting you play" buttons are virtual prompts that provide zero assurance or protection and are completely ignored by the vast majority of people who come across them.

        They are not the same thing and not cir

  • So close (again) (Score:5, Interesting)

    by Can'tNot ( 5553824 ) on Thursday June 15, 2023 @06:42AM (#63604542)
    They keep doing things that are almost good, but then they fuck it up. And also make it about children. Why are these people so obsessed with children?

    Here, let me fix that:

    Under the law, consent would be necessary for anyone trying to access nearly any site that collects identifying information.

    Done. How hard was that? But no, let's grandstand about children some more instead of doing anything useful.

    Helena Lovejoy was supposed to be satire.

    • Re: (Score:2)

      by Kokuyo ( 549451 )

      So much that was supposed to be satire or an actual warning has turned into an actual handbook to some people...

    • Re: (Score:2)

      by sconeu ( 64226 )

      Because your proposal would be unconstitutional under the First Amendment and the Interstate Commerce Clause?

      Whereas the "For the Children" "escape clause" may pass muster.

    • Re: (Score:3, Flamebait)

      by beforewisdom ( 729725 )
      They don't want children reading that Trans people are human beings too. That isn't okay to harass them and beat them up.

    • Well it does mean that either you're an ignoramus who hasn't bothered to read the bill in question or you're a lying sack of shit. In order to qualify for enforcement under the law, the business in question has to have more than at absolute minimum 100 employees and more than 1 million dollars in revenue. And given the way the government calculates what qualifies as a small business as relates to the field of social media and just how large the juggernauts in the field are, that probably gets a hell of lot

    • "Why are these people so obsessed with children?"

      Because:

      "The state must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.”
      -- Adolf Hitler

  • \o/ (Score:3, Insightful)

    by easyTree ( 1042254 ) on Thursday June 15, 2023 @06:55AM (#63604556)

    Fake parental-consent SaaS-app in 3, 2, ...

  • I only see a problem with the counter-arguments. (Score:5, Insightful)

    by sabbede ( 2678435 ) on Thursday June 15, 2023 @07:23AM (#63604598)
    Whether or not it is tricky to implement parental permission, it is a good idea to require it. If it should lead to overmoderation of what minors can access, fine. I don't see that as a bad thing - these are impressionable minors, not adults. Their media being "too clean" is preferable to overly-permissive.

    And that last bit about "marginalized" children of abusive parents... that's garbage. A weak hypothetical that had no place in publication.

    These are children we are talking about. They are to be protected.

    • Re:I only see a problem with the counter-arguments (Score:5, Insightful)

      by Fortnite_Beast ( 10429778 ) on Thursday June 15, 2023 @07:32AM (#63604616)
      Social media is destroying teenagers' mental health. It's good that we are starting to see a legal push against it.

      • Re: (Score:2)

        by schwit1 ( 797399 )

        The Chinese saw this years ago. That's why their kids have social media time limits and are restricted on what content they can access.

    • Re: (Score:3, Insightful)

      by thegarbz ( 1787294 )

      Whether or not it is tricky to implement parental permission, it is a good idea to require it.

      A pointless law is a bad law regardless if the intent is honourable. The issue isn't just that it's tricky to implement, the issue is that it's flat out not possible.

      You ask for confirmation. A kid can click yes. Now what happens when the kid has clicked yes without getting the confirmation? Nothing, because a child can't be legally bound by a contract. So the only people who are covered by this law are those who already have parental supervision and approval.

      It's a bit like those piracy warnings on DVD, it

      • Re: (Score:3)

        by jeadly ( 602916 )
        Just make all account creation happen in-person at the Company's headquarters. Don't have a valid Adult ID? Better make sure your parents come with you. Easy!

        • Or, do like the document signing companies do and have an automated process that requires you to hold up a valid state-issued ID and require you to be in frame for a few shots.

        • Just make all account creation happen in-person at the Company's headquarters. Don't have a valid Adult ID? Better make sure your parents come with you. Easy!

          I approve of this. If only for the reason that it will kill Facebook and TikTok.

    • Re: (Score:2)

      by Shaitan ( 22585 )

      "And that last bit about "marginalized" children of abusive parents... that's garbage. A weak hypothetical that had no place in publication."

      Yes and from a legal standpoint there are no children in abusive homes. Children aren't in abusive homes until due process has found they are in abusive homes [prior to that they are innocent until proven guilty] at which point the court will have ordered them removed from said homes.

      • The idea that children in abusive homes are getting significant access to anti-abuse resources from social media websites is the garbage bit.

    • Re:I only see a problem with the counter-arguments (Score:4, Insightful)

      by clawsoon ( 748629 ) on Thursday June 15, 2023 @09:34AM (#63604874)

      And that last bit about "marginalized" children of abusive parents... that's garbage. A weak hypothetical that had no place in publication.

      That's not a hypothetical. You can see it every day if you browse places like r/exchristian or r/exjw. Many state agencies seem to think that child abuse is good as long as it's done by "good Christian parents", especially if it's done to LGBTQ+ kids.

      • And that last bit about "marginalized" children of abusive parents... that's garbage. A weak hypothetical that had no place in publication.

        That's not a hypothetical. You can see it every day if you browse places like r/exchristian or r/exjw. Many state agencies seem to think that child abuse is good as long as it's done by "good Christian parents", especially if it's done to LGBTQ+ kids.

        I'll admit to being Christian upfront. Jesus taught that it would be better for a person to drown themself with a millstone around their neck than to harm a child. Anyone engaged in child or spousal abuse is no true follower of Jesus. I would also like to point out that very few people leave Christianity or the JW (or whatever unpopular sect / denomination) on good terms. Many former members have an ax to grind or desire to prove they were right to leave. Gauge their bias just as you would gauge the bias of

        • I'll admit to being Christian upfront. Jesus taught that it would be better for a person to drown themself with a millstone around their neck than to harm a child. Anyone engaged in child or spousal abuse is no true follower of Jesus. I would also like to point out that very few people leave Christianity or the JW (or whatever unpopular sect / denomination) on good terms. Many former members have an ax to grind or desire to prove they were right to leave. Gauge their bias just as you would gauge the bias of a fervent adherent claiming abuse never happens. The truth is normally somewhere in the middle.

          Jesus said that causing a child to sin/stumble was bad. Proverbs makes it clear that the way to prevent a child from sinning is to hit them. This leads to the hitting of many children; who wants their child to stumble into sin and end up in hell? Who wouldn't be willing to go to an extreme to prevent that extremely bad outcome?

          Combine those things with Paul's disgust at anything sexual outside of heterosexual marriage, and you've got a recipe for LGBTQ+ kids in Christian homes to have a horrible time o

        • Re: (Score:3)

          by U0K ( 6195040 )
          I get what you're saying. I turned my back officially on Christianity as well after seeing that so many people who claim to be Christians seem to have never read the Bible. And they do a lot of the things that Christ opposed claiming that Christ would have wanted it.

          They're essentially the Pharisees that the Bible warns of. But they do hold so much power and influence that they've practically become the establishment in many places and are the defacto iconic Christian.

          Sure there are also many Christians

    • This attitude seems to have gotten lost somewhere.

  • Gov. Abbott has already said that Texas would eliminate rape. Why can't he eliminate grooming, too? I don't understand why other states don't just eliminate bad stuff.

    • I remember when republicans didn’t like the government interfering with their lives.

      • Re: (Score:2, Troll)

        by drinkypoo ( 153816 )

        I remember when republicans didnâ(TM)t like the government interfering with their lives.

        Right, they just wanted the government to interfere with other people's lives on their behalf.

  • We already have a Federal law about under 13 yo.

    How do these companies get around that? Gosh, well, the kid has to click a box affirming they are 13+.

    This is pure virtue signal.

  • Does this apply to companies not in Texas, not in the USA ...
    Does this apply to minors outside Texas
    Does this apply to standards outside Texas ...
    Does this apply to Native American Reservations in Texas

    Vague language and they probably have no jurisdiction ....

  • Sec. 509.057. PROHIBITION ON LIMITING OR DISCONTINUING
    DIGITAL SERVICE. A digital service provider may not limit or
    discontinue a digital service provided to a minor because the minor
    or minor's parent or guardian withholds or withdraws consent to the
    collection or processing of any personal identifying information

    • It's pretty simple, any information that isn't actually needed for the account itself to function, can be opted out of and the company can't shut down the media account. So basically 90+% of the information that the company would sell to advertisers.

  • I'm sure this will work about as well as the "Click YES if you're over 18" prompts in the 90s, or the "Check this box to confirm you're over 13" COPPA prompts.

    And if they try to implement some sort of mandatory age verification, Texas is just going to be dropped from their service regions. The state will disappear from the registration form, and geolocation blocks put on IPs.

    This is not the own they think it is.

    • And if they try to implement some sort of mandatory age verification, Texas is just going to be dropped from their service regions. The state will disappear from the registration form, and geolocation blocks put on IPs.

      So you’re saying Facebook would disappear from Texas? That sounds like a feature, not a bug.

      • IDK I had a facebook account for about a month, and haven't had one for over 12 years, so I also would not miss it.

        Then again, crazy con-tards in Texas might be up in arms once they can't see their racist grandpa memes and millennial "Just stop drinking Starbucks" bashing.
  • that no politician gives a damn about anything but getting re-elected so they cobble together stupid and poorly thought out legislation to try to have something they can point at and say, "Look what I did!" and they don't care that it's shitty legislation, either! They don't care that they make unenforceable laws, none of that. If your daughter gets kidnapped, raped and killed by great uncle Ted, they don't care except for how they can spin it to get more votes. I wish Americans were smart enough to know th
  • Texas Bans 5 Children too naive to check [ ] "I'm over 18" box.

    Fixed it for you!

  • My first ex told me when she was 16, she and a friend would order a six-pack of malt liquor delivered (apparently, it was possible then in Philly). When the delivery arrived, one would answer the door, and yell out "hey, mom, where's the money?" and the other, in another room, would answer.

    "Small government" GOP Texas is going to send a cop to every house with kids?

  • This might actually make FaceBook cool.

  • If anyone is wondering why TX has a problem... (Score:3)

    by Shaitan ( 22585 ) on Tuesday June 20, 2023 @12:13PM (#63618232)

    I have a problem with this too. LGB folks... I have no idea why you are embracing this. It really has nothing to do with preference and it wouldn't be okay for ANY adult to be on that stage.

    https://twitter.com/i/status/1671171268975157248

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