New York Pushing Yet Another Unconstitutional Social Media Age Verification Bill

from the will-it-never-end? dept

It never ends with these moral-panic-driven, blatantly unconstitutional state bills “for the children.” The latest, from New York state Senator Andrew Goundardes and Assemblymember Nily Rozic was announced this week with direct support from NY Governor Kathy Hochul (who has been pushing for such unconstitutional bills for a while now, mainly to redirect attention away from her own failures as a governor).

The bills, the New York Child Data Protection Act and the Stop Addictive Feeds Exploitation (SAFE) for Kids Act (which doesn’t appear to have text live just yet), incredibly seem to be taking a page from equally censorial bills that have already been ruled unconstitutional in places like Arkansas and California. The SAFE bill is actually quite similar to a bill in Utah, which hasn’t been challenged yet, but I have to believe it will be soon, and it’s equally unconstitutional. Incredibly, the Data Protection Act itself cites the bill in Utah AND California’s Age Appropriate Design Code even though that bill has already been declared unconstitutional by a federal judge! Incredible.

When you’re introducing a bill by citing as inspiration a bill that has already been declared unconstitutional, you might just be a grandstanding fool.

Either way, this shows again how this issue isn’t a “red state” or a “blue state” issue, but politicians across the political spectrum are cynically stomping on the rights of children and adults to get headlines claiming (falsely) that they’re “protecting” the children.

As with Utah’s bill, New York’s SAFE Act will require parental consent for anyone under age 18 to have a social media account, which means that if you’re an LGBTQ+ child and your parent disapproves of your identity, they can cut you off from your community support. I understand why Republican governors like Spencer Cox might want that, by why are Democrats in New York pushing for such bills that will do such harm.

It will also require “default chronological feeds” rather than algorithmically generated feeds, even though a recent study of chronological feeds found that they expose users to more misinformation than algorithmic feeds.

So Kathy Hochul wants kids exposed to more misinfo?

As for the Data Protection Act, it will require age verification (since it says sites have to treat those under 18 differently), and, as we’ve seen with the rulings in California and Arkansas (not to mention multiple past Supreme Court rulings), that’s just blatantly unconstitutional as it ends up limiting adult access to content as well.

But it’s quite clear that the intent of this law is not about actually protecting kids, because any expert can tell you that these laws will do a great deal to harm kids. These laws are about getting the politicians pushing them positive headlines. And to that effect, it’s already working. The NY Times gave them a big old headline, without one ounce of skepticism that the bills might not actually protect kids.

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blakestacey (profile) says:

From the New York Times story:

The bill in New York, which could be considered as soon as January when the 2024 legislative session begins, is likely to confront resistance from tech industry groups.

Same as it ever was. Don’t like our unconstitutional, transphobic bill? You’re obviously in the pocket of Big Tech!

Bubby, I’ve got news for you. I’m not paid by Google. I’m paid by the National Science Foundation and the University of Massachusetts. In other words, I’m barely paid at all. My opposition is grounded in a little thing called principle, which politicians of all stripes apparently find a foreign custom.

This comment has been deemed insightful by the community.
blakestacey (profile) says:

The legislature further finds that, according to recent surveys conducted by a prominent social media platform, 34% of young adults feel uneasy when they are not online, 40.6% complain that their sleep habits have been negatively affected by social media, and 35% report being cyberbullied on the Internet.

First, what is up with these percentages from their uncle who works at Nintendo? The citation standards for actual laws of the land shouldn’t be worse than those on the fucking Wikipedia. Second, if we’re protecting The Youth from things that hurt their sleep habits and places where they are bullied, we should ban high school.

That One Guy (profile) says:

'How dare they attack constitutional rights before I get to?!'

Incredibly, the Data Protection Act itself cites the bill in Utah AND California’s Age Appropriate Design Code even though that bill has already been declared unconstitutional by a federal judge! Incredible.

When you’re pointing to a bill that’s already been declared unconstitutional as your inspiration that’s an admission that you don’t care about violating constitutional rights, only care about getting some puff pieces written by the PR companies masquerading as ‘press outfits’ or both.

ECA (profile) says:

I had posted, but not here. So.

Lets see.
Age certification.
How many types do you want?
HOW to Prove any Identification is real?
Relying on the idea that Tons of info has been lost with hacking, WHY do we need Identification?
There arnt many REAL reasons. Unless you are a bank, Gov. agency, or Bill collector, Credit agency that ISNT supposed to use your SS#(BY a 40+ year old LAW).

IF your parents(Yes those over worked people) are to be held responsible, WHAT can you do?
WOW, lets FORCE IT to be the Internets Problem, NOT the parents.
So lets reverse HOW its done. LETS RESTRICT IT, until the parents PROVE they ARE ADULTS, on Each and every device and machine.

We have the star card.(new drivers license)
We need something ELSE for kids?
We have Credit cards that really dont USE Identification to PROVE who you are. Get the card number and the security code and HAVE FUN..
Waht do they REALLY want?
After all the hacks and data lost, its amazing that they can Prove WHO is WHO?(LOL)
Im sorry to say, but Many of the hacks have been into medical. NOT the Big ones like Gaming corps. Its the 1 source restricted FROM the government and Other CORPS(unless you give them permission) WHICH includes GUN REGISTRATION and FFA licence.(plz understand that last section)

They keep TRYING to use Facial ID, but it tends NOT to work well if NOt used properly, FOR ANYTHING except Blond Blue eye’d Sun allergic people.
Waiting for them to start Automatic Scanning for your Bank card, and other MAGNETIC ID, as you ENTER a building. Which is very possible.(IS BEING DONE in SOME stores, only WITH their own cards) And beyond that a Coded stripe Someplace on the body. Anyone note how small a QR code can be?

Anonymous Coward says:

Hi Mike, I think you linked to an old bill, the “the New York Child Data Privacy And Protection Act”; the bill announced yesterday, “the New York Child Data Protection Act” is available here: https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S07695&term=2023&Summary=Y&Text=Y

It’s very confusing because they have basically the same name and are both from Gounardes, but are pretty different proposals (though obviously you’ll find them both highly problematic).

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