In an era where digital consumption is at an all-time high, the protection of minors on online platforms has become a paramount concern. New York’s recent legislative proposal, the “Stop Addictive Feeds Exploitation (SAFE) for Kids Act,” introduced by Senator Gounardes, is one such proposal that signifies a pivotal move towards safeguarding young users from potentially harmful digital content. Today, we take a closer look at the impetus for this and other such laws.
On May 14, 2022, Peyton Gendron, a teenager, tragically traveled over 200 miles to commit a mass shooting in Buffalo NY, killing ten people. According to the complaint, this horrifying act was the culmination of Gendron’s radicalization, significantly influenced by his prolonged exposure to addictive social media platforms. These platforms are alleged to have been designed to exploit the dopamine reward pathway in the brain, making use particularly addictive to teenagers, whose brains are still developing. Social media’s addictive nature has been identified in multiple complaints as crucial for the platforms’ financial success, as it ensnares users, leading to prolonged engagement and, consequently, maximized profits. Gendron’s descent into racism and the subsequent attack were, by his admission, facilitated by his addiction to these platforms, which lured him into a dangerous psychological vortex. The since convicted killer is said to have used of various social media platforms, alleged to be inherently defective in their design and marketing; platforms that exposed him to a constant barrage of racist and white supremacist propaganda, contributing significantly to his radical actions.
The complaint filed in the Supreme Court of the State of New York, County of Erie by lead plaintiff Kimberly Salter, alleges that Meta Platforms Inc., formerly Facebook Inc., and other defendants contributed to the radicalization of Gendron leading to harmful consequences including deaths and injuries of Plaintiffs’ family members.
Meta, for its part, filed a motion to dismiss, claiming insufficient linkage between their actions and the harm suffered by the plaintiffs. Meta is accused of downplaying its role in the shooter’s actions and ignoring plaintiffs’ allegations. Plaintiffs have urged the court to disregard Meta’s attempts to challenge the allegations using their the Terms of Use and Community Guidelines of their platforms.
Actions in the Aftermath: The SAFE for Kids Act
The Salter complaint is one of a number of state and federal civil actions that have led to the “Stop Addictive Feeds Exploitation” (SAFE) for Kids Act bill, which seeks to amend the general business law in New York to combat what lawmakers have called “addictive feeds”. According to the act, the term “addictive feed” encompasses any part of a website, online service, application, or mobile application that prioritizes user-generated content based on user or device information. To address this, the act proposes stringent measures including age verification, parental consent for minors, and specific content and notification management protocols.
Should the act become law, digital platform operators will face the need for substantial technical and operational adjustments. Age verification technologies and consent management platforms will become essential tools for compliance, necessitating a potential overhaul of existing systems and algorithms.
The introduction of these measures is likely to increase operational costs significantly. Platforms will need to invest in new technologies, adjust their algorithms, and possibly engage in legal consultations to ensure full compliance. Moreover, failure to adhere to the law, when enacted, could lead to substantial penalties, legal actions by the state or individuals, and demands for restitution and disgorgement of profits. Indeed, according to ALM.com’s New York Law Journal post, “[i]f the bill is approved, New York’s AG would be empowered to bring lawsuits enjoining the platforms, or seek damages or civil penalties up to $5,000 per violation.”
A Cultural Shift Towards Regulated Digital Environments
The possible enactment of the SAFE for Kids Act could herald a cultural shift towards more regulated online environments for minors. It underscores a growing societal concern over the ways digital media negatively impacts the well-being of young individuals and reflects a commitment to prioritizing mental health over unrestricted access to digital content.
If successful, New York’s legislative initiative could serve as a blueprint for other states or even at the federal level, potentially leading to widespread changes in digital content regulation for minors across the United States. Indeed, similar proposed bills have already catalyzed a national conversation on the role of digital platforms in safeguarding the mental health and development of young users.
The demand for age verification and parental consent technologies is likely to rise, driving innovation in this sector. As digital platforms seek to comply with the new regulations, we may witness the development of more sophisticated solutions to accurately determine users’ ages and manage consent in a user-friendly manner.
With its potential to inspire similar legislative efforts elsewhere, the act represents a pivotal moment in the ongoing discussion over the role of technology in our lives and the need for responsible digital citizenship.
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Sources:
Text of the SAFE for Kids Act Bill: https://www.nysenate.gov/legislation/bills/2023/S7694
Music: Disruptor’s Dance by Anka Mason
Blog Narration: Anka Mason
