A growing number of states in the US are introducing, and in some cases passing, legislation aimed at protecting kids online, which envisions that teenagers may need parental or guardian consent to sign up for social media accounts such as Facebook or Instagram in the future. Lawmakers have been calling for safeguards to address concerns about social media's impact on younger users, including harmful content, cyberbullying, and mental health issues. In the absence of federal legislation, states like Arkansas and Utah have recently enacted controversial laws that require social media companies to conduct age verification and obtain consent from guardians for minors to join a platform. Similar legislation is also being considered in Connecticut and Ohio, although it has raised concerns and alarms in some quarters.

While some parents may initially welcome increased safeguards for teenagers on social media, concerns have been raised by users, digital rights advocates, and child safety experts about the potential negative effects of the wave of new state legislation. These concerns include potential privacy infringement for both teens and adults, excessive burden on parents, and questions about enforcement. Jason Kelley, associate director of digital strategy for the nonprofit Electronic Frontier Foundation, expressed worry about government interference in family matters, stating that it could result in the state dictating how children are raised and potentially infringing on the rights of residents.

"Imposing a requirement for government approval and sharing private identification before accessing social media will have a detrimental impact on everyone's ability to freely express themselves and share information, regardless of age," he remarked. "Using young people as pawns in the battle against big tech is unacceptable, and we are disappointed that both Utah and Arkansas have implemented such overly broad laws."

Issues related to privacy

According to experts, parents have long been concerned about privacy risks associated with their children's use of social media. However, the introduction of state legislation raises a new set of privacy concerns. For instance, in Arkansas, the law will rely on third-party companies to verify users' personal information, such as driver's license or photo ID, which may have implications for privacy. Furthermore, there are concerns about potential loopholes and exemptions in the legislation that may benefit certain companies, such as Google and its subsidiary YouTube, which lobbied for the bill.

Albert Fox Cahn, the founder and executive director of the Surveillance Technology Oversight Project and a fellow at the NYU School of Law, has expressed concerns about the problematic nature of the bills, stating that users in these states may no longer be able to remain anonymous online. This could result in fewer people, regardless of age, expressing themselves and seeking information online.

Enforcement Challenges
The enforcement of the new state social media legislation for teens remains uncertain, as social media companies are yet to outline how they will adapt and enforce the laws. Analysts have raised concerns about potential loopholes, such as minors stealing identities or using VPNs to bypass IP address matching. While companies like Facebook (now Meta) and TikTok have stated their commitment to providing safe experiences for teens, they have not addressed how they will comply with the legislation. Despite potential flaws in the current legislative efforts, some experts view them as steps that bring attention to the issues surrounding social media and teen mental health. However, legal challenges and injunctions may delay the implementation of these laws, and there are hopes that Congress will enact comprehensive protections for all Americans before these state laws take effect. The Arkansas legislation is expected to be implemented in September, while Utah's bill aims for implementation next year.