Children’s Safety in the Digital Age: A Look at Identity Verification Legislation in the United States
Creators: name: Bacon, Abby
Publisher: name: American University
Year: 2023
Subjects: classificationCode: 48
subject: Law and legal studies

description: Social media, and the lack of safety on the internet, has impacted on today’s youth undeniably. Around the country legislatures have decided to take action, partnering with age verification organizations and proposing legislation aimed to protect America’s children. The discussion on how to keep children safe and out of adult spaces online, while still affording them individual freedom and privacy has been gaining attention recently as more legislators propose bills to monitor children’s social media usage.
There is a wide variety in how the states are choosing to approach this topic legislation-wise. Their goals center around protecting children under 18, as federal laws only are applicable for children under 13 under the Children’s Online Privacy Protection Rule [1]. Some states have proposed legislation that would require internet users to upload identification documents in order to verify their age. States such as Texas have taken a more direct approach, and are pushing to keep children off social media until they are 18 years old [2].
Other States are proposing legislation that focuses on acknowledging and limiting the risks associated with social media and internet use with children, while also protecting their data. Maryland H.B. 901/S.B. 844, heard on March 1st, 2023, aims to protect children’s data by completing data protection assessments, providing privacy protections to users, and requiring businesses to document specific risks pertaining to online products available to children [3].
The problem with legislation surrounding the internet and children’s social media usage is the tradeoff between protecting children from the harms of social media while also simultaneously protecting consumers data and privacy. Opponents of the proposed internet age verification legislation argue that being required to upload documentation is a violation of their privacy, as well as puts them at risk for identity theft and data mining [2], a logical concern given the rise in data breaches recently. In 2022, over 422 million internet users were impacted by data compromises from various social media platforms [4].
Companies such as Facebook and TikTok have been accused of allegedly selling data to third party organizations without the consent of their users [5]. Facebook had to pay $643,000 to the United Kingdom’s Information Office due to the Cambridge Analytica Scandal [6]. Cambridge Analytica, a British consulting firm, stole data from Facebook to help create personal political advertising campaigns for users. Former President Donald Trump, along with Senator Ted Cruz, each paid over $5 million to the U.K. firm [5].
These high-profile cases of data theft have resulted in a hesitancy in internet and social media users to provide an excess of personal information. Rumors of possible data breaches can raise questions and concerns from users about the safety of their personal information.
Legislators have acknowledged people’s fears surrounding the changing identity requirements surrounding age verification, and some states have taken precautions to ensure consumer safety in their proposals. Texas H.B. 896 would require users to verify their ages by uploading a photograph of themselves, as well as their driver’s license [7]. However, to address the significant worry about data mining and identity theft, the proposed bill would also require the company to delete the information uploaded by the user after the age verification process is complete.
Louisiana took a similar approach regarding identity verification on adult content websites. They require government identification or digital driver’s licenses in order to verify a user’s age before allowing them access to adult content websites deemed unsafe or inappropriate for minors [2]. Arkansas passed a bill similar to Louisiana’s proposal that was aimed at targeting minors’ use of adult content websites, and the psychological effect it can have on their development [8]. In both states, the bills specified that the data collected will be disposed of immediately after they have verified the user’s age. They emphasized how the primary focus is not data collection, but protecting children from dangerous content online [8].
In the digital age, internet safety and privacy is getting harder to manage, especially for minors. The gray area between keeping a vulnerable population safe and protecting personal information from getting stolen has only exacerbated the problem. As more states continue to enact legislation surrounding children’s safety online, age verification, and data security, it will be interesting to see how this will overtime impact the younger generations’ social media and internet usage.