The Center for Democracy and Technology (CDT) has joined a coalition that has been addressing concerns about free expression and privacy threats that might come with the Protecting Kids on Social Media Act.
According to a brief published by the CDT, the organization believes that the bill's approach imperils young people's ability to access a vast range of online services and could also undermine existing child safety efforts and subject all users to further data collection.
"Although we appreciate that what we understand to be the Manager’s amendment to the bill has significantly improved on the introduced version, our remaining concerns are significant," the CDT wrote in their letter.
The bill will restrict young people's access to various online services, particularly social media, which can be harmful to their development and potentially unconstitutional, according to the CDT. Courts have previously ruled that laws banning children from accessing online platforms without parental consent violate the First Amendment. The bill's broad definition of "social media" limits access to services like YouTube Kids and message boards like Geneva and PlayTalk, which pre-teens use to stay in touch with school groups and friends. Limiting access to beneficial content is overbroad and unlikely to be seen as narrowly tailored. Ensuring young people have access to a wide array of information online is crucial for their literacy rates, empathy, development, and health.
According to the brief, the bill aims to ban social media services from using recommendation systems to display content under 18, which could undermine existing child safety efforts. This ban is likely to undermine the use of filters that create user-friendly and age-appropriate experiences. The recommendation systems used by social media services to surface harmful content are the same as those used to downrank inappropriate content. The provision raises First Amendment concerns as it prevents covered social media services from using their editorial judgment to prioritize content in children's feeds. Restricting young people's ability to create accounts on popular social media services may impede their long-term development and safety. Parents also want their children to have access to the internet, as it keeps them entertained and encourages learning.
"In light of these factors, the best way Congress can protect children is by protecting everyone's privacy and listening to them," the CDT wrote in the letter." The Protecting Kids On Social Media Act does not achieve those goals in its current form."
Introduced by Senator Schatz, Senator Cotton, Senator Murphy and Senator Britt, the Protecting Kids on Social Media Act (S. 1291) will be reviewed in the upcoming weeks in the Senate Commerce Committee.
