California’s Technology Regulation Trends
California has been known to adopt some of the less favorable technology regulatory ideas from other countries. After lawmakers enacted censorship laws in 2022, which were criticized as being borrowed from England, the state is now looking to Australia for inspiration. A new measure imposing age restrictions for social media accounts is anticipated to arrive in December.
This month, California legislators proposed a bill that would set “minimum age requirements for opening or maintaining a social media account.” Governor Gavin Newsom, who usually keeps quiet about pending legislation, has expressed support for this idea.
It’s an important question: Should the U.S. embrace light regulations that safeguard consumers while encouraging innovation, or should it adopt a more heavy-handed, fear-driven regulatory approach, similar to what is seen in Europe?
Even if well-intended, the Australian model presents issues from a health perspective and would likely face rapid constitutional challenges if introduced in the U.S.
Most proposals aimed at distinguishing between adults and minors involve age verification. This often means that users must provide sensitive personal information, like government IDs or biometric data, in order to use platforms critical to their daily lives. Once collected and stored, this data becomes very appealing to hackers. They always find opportunities.
The list of hacks reads like a who’s who of major companies including Target, Equifax, Marriott, Capital One, MGM Resorts, and T-Mobile, just to name a few. From Facebook to various smaller apps, breaches are commonplace. Even in France, where regulators attempted to set up protections, there have been significant leaks involving sensitive user data accumulated through third-party age verification systems.
While these laws may be advertised as “child protection,” they can inadvertently expose minors to new risks. A report from Experian revealed that approximately 25% of minors will experience identity theft before they reach adulthood. Mandatory age verification could make this problem even worse by broadening the avenues for data breaches.
Some advocates now dismiss constitutional objections to “child safety” laws as irrelevant, but courts have generally taken a more skeptical view. Numerous state laws with constitutional flaws remain in place, wasting taxpayer resources with minimal public satisfaction. State attorneys general find themselves defending these laws despite their shaky legal foundation.
Governor Newsom’s strategy also clashes with existing Supreme Court rulings. For instance, in the 2011 case of Brown v. Entertainment Merchants Association, the court struck down a California law aimed at limiting minors’ access to violent video games based on the argument that it merely aided parents.
The principle is more applicable here than ever. A blanket ban on social media for minors would replace parental authority, rather than supporting it. The state would effectively dictate what parents should decide for their children.
In American law, parents are typically responsible for deciding what media their kids should access. This notion extends beyond the parameters of the internet.
The broader debates surrounding technology policies often boil down to this fundamental question: Will the U.S. maintain reasonable regulations that protect consumers without inhibiting innovation or will it adopt a more restrictive, fear-based stance similar to that seen in Europe?
The tech industry in the United States has thrived in the era of the Internet. In contrast to numerous foreign governments that prioritize wider “safety” obligations over innovation and consumer privacy, the U.S. must tread carefully.
It’s important for lawmakers to consider beneficial ideas from other regions, but California seems to be frequently fishing in the wrong waters. If Sacramento really wants to shield its children, it should focus on strategies that don’t require extensive ID verification systems, thereby not providing criminals with a rich trove of data to exploit.
Learning from other countries would be wise, but imitating their less successful strategies would be a significant mistake.
