Australia Has Fallen

Or, "Et Tu, Australia?"

Australia recently passed a sweeping new law setting a binding legal age limit of 16 for at least most social media.  It will take full effect in one year from its passage.  And aside from their notably illiberal and draconian measures during the Covid pandemic (and the fact that they were of course descended from a penal colony), this kind of thing is quite out of character to say the least for a country that has long prided itself on being relatively free-spirited and is quite famous for the saying and attitude of "no worries, mate". 

Mike Males wrote an excellent Substack article from a youth rights perspective, discussing just how wrong and harmful it is for the state to do that to young people.  And we at Twenty-One Debunked agree with him.  But even if you the reader don't agree with him, and are smug about this law perhaps appeasing the illiberal and ageist social-mediaphobes in charge, consider this: it will NOT stop there.  Mark my words, the moment they see that their voodoo didn't really work, they will triple down and expand the restrictions, tighten the age verification requirements, and/or keep increasing the age limit higher and higher.  And this will also backfire on adults as well, endangering everyone's civil rights way beyond anonymity, given the privacy and cybersecurity pitfalls inherent to ALL forms of online age verification that would be even modestly effective. 

What should be done instead is what we have long advocated, as has the Electronic Frontier Foundation (EFF):  a "Privacy First" approach, that is, comprehensive data privacy legislation for ALL ages, which, at a minimum, bans surveillance advertising as well as "dark patterns" and other similarly deceptive and ethically questionable practices.  That will throw the proverbial One Ring into the fire for good.  But of course, Big Tech would NOT like that.

Also, simply adding more "friction" would also make such platforms safer and less addictive overall.

So what are we waiting for?

P.S. Australia has never had any equivalent to America's Section 230, so the fact that they saw the need to "get tough" on social media companies implies that they had just as much of a problem as the USA.  Thus, outright repeal of Section 230 (as opposed to much more nuanced and narrow reforms in regards to personalization of feeds and algorithms) as some ignorant social-mediaphobes have suggested would solve absolutely nothing, and would do far more harm than good. Don't do it!  You have been warned.

UPDATE:  Pari Esfandiari also wrote a great essay about how such a ban will do more harm than good.

Excellent New Insights From Renowned Sociologist and Youth Rights Activist Mike Males

The renowned sociologist and youth rights activist Mike Males has some excellent new Substack articles debunking the latest moral panic about young people, smartphones and social media.  As we stand at a crossroads in terms of how public policy is evolving (or devolving), his words should be food for thought for any direct or indirect policymaker as well as anyone going to the polls this November. 

And here is what I added in the comments:

Honestly, I would be fine with making schools phone-free IF AND ONLY IF they alao applied the same rules to teachers, staff, and administrators. Fair is fair. After all, they wouldn't want to be flaming hypocrites about it, right? (But we all know these zealots would probably rather drink Drano than apply their double standards to themselves, of course.)

Excellent work, Mike. I would also add about the ageist abomination that is 21 drinking age, the greatest alcohol policy failure since Prohibition, that Miron and Tetelbaum (2009) also further debunked any claim of a lifesaving effect. The supposed lifesaving effect was all a mirage driven by a handful of early-adopoting states, while for the federal coerced states it was inconsequential at best or even perverse. And notably, counterintuitive as it may be, in that study not even the graduated 18/21 age limits for beer/wine vs hard liquor in some states were vindicated either (those states were disproportionately likely to be coerced late-adopters) as any better than a straight age limit of 18. So any age limit higher than 18 was a net loser in the long run, even for the early adopters whose supposed lifesaving effects evaporated after the first year or two. Oops!

What To Do About Lockdown-Induced Arrested Or Delayed Development?

Four years after the official start of the pandemic, two years after practically all restrictions were lifted, and roughly one year after it was declared to be over, the consequences of the lockdowns, quarantines, school closures, mask mandates, and other restrictions can still be seen in its aftermath long after these restrictions were lifted.  This is especially true among children and young people, whose development has been delayed, stunted, or arrested as a result.

It is a truly massive elephant in the room!

Now, the temptation would be to knee-jerkedly raise age limits for various things in response to this, up to and including even the age of majority itself.  You know some people want to.  But that would only exacerbate such developmental delays in practice by kicking the can even further down the road.  The specious idea that "kids today are infantilized, so let's infantilize them even further, because reasons" is absolutely insane.  If anything, we should be doing the opposite and lowering or even abolishing various age limits (within reason), and giving young people a megadose of independence.  That is, go "straight from zero to the Fourth of July", like the song by the band The Killers says, in both the real AND virtual worlds, and certainly no later than age 16.  And at the very, very least, seriously, let's NOT add any more restrictions whatsoever on the already most heavily monitored and (in many ways) restricted generation of children and teens in all of recorded history.

Infancy cannot be re-run.  Childhood cannot be re-run.  And, try as so many adults may, adolescence cannot be re-run either.  The best thing to do is to build a time machine and go back to March 2020 and make it so the lockdowns, school closures, etc. never happened, and that we adopted the "flu strategy" per the original pandemic plan from the get-go per the wisdom of the ages.  Failing that, the second best thing is to rectify things as best we can, yesterday.

The latest attempts to abruptly restrict or revoke teens' access to the virtual world will leave a "social media-shaped hole" in the lives of millions that will most likely NOT be filled with anything good. And after decades of gradually restricting and reducing their access to the real world, it would be a bait-and-switch to disingenuously claim that children and teens will now all of sudden be given more access to the real world in order to fill the void.  Most likely, they will lose access to both the real AND virtual worlds, and increased access to the real world will NOT be forthcoming for a while.

True, the virtual world is no substitute for the real world, as we have all learned the hard way during lockdown.  But as renowned sociologist and youth rights activist Mike Males says, "The dangers of both the virtual and real worlds have been wildly exaggerated. Teens don’t need more restrictions."  Truer words have never been spoken.

And will today's youngest generations, and future generations, ever forgive us?

(Mic drop)

UPDATE:  What would be a good shorthand to describe what needs to be done?  Twenty-One Debunked thinks we should call it the "Reverse Icelandic Model", that is, the reverse of the vaunted Icelandic Prevention Model (IPM).  When the pandemic and related restrictions and isolation intersected with the existing IPM that had been in place for two decades, it really did a number on the mental health of young people in Iceland.

The View From 2030 (At The Latest)

At the rate things are going these days, the following is a very likely conversation that will happen many times over in 2030, at the latest.  At least in the USA:

18 Year Old: "I'm an adult now.  Why am I still not allowed to go on social media or have a smartphone?"

Parent:  "Because the law now forbids both until you are 21, and the law is the law."

18 Year Old:  "But Canadian, Australian, British, and European people my age are allowed to.  As are people my age in almost every other country as well."

Parent:  "Well, we're not Canada, Australia, Europe, or any other country for that matter.  Different cultures and such.  America has too many problems as it is."

18 Year Old:  "But your generation was allowed to at a much earlier age than me!"

Parent:  "That was then.  Life was cheap back then.  We know better now.  And your grandparents were allowed to drink and smoke too at your age, which we obviously no longer allow either, so your point is?"

18 Year Old:  "And they were allowed to play outside with their friends unsupervised even when they were in single digits too, or so I have heard.  Grandma and Grandpa actually got to enjoy the real world before they forgot how to, while you got to enjoy the virtual world at least.  My generation had neither."

Parent:  "Well, the real world was much safer back then compared to now, and as for me, we didn't know just how dangerous the virtual world really was."

18 Year Old:  "Statistics say otherwise".

Parent:  "You need to watch more news and true crime documentaries before you can argue statistics.  It's really a jungle out there now. In any case, I see your statistics, and I raise you a "Because I said so!""

18 Year Old: "Statistics beat logical fallacies and anecdotes every time.  Regardless, it's not fair in what is supposed to be a free country."

Parent:  "Life isn't fair.  Deal with it!"

18 Year Old:  "But I'm literally old enough to get married, and yet I can't even post my own wedding on Facebook?  That doesn't make any sense at all."

Parent:  "If you're so mature and such an adult, then why don't you get married right now?" (Tries to trick the young person into saying they are "too young".)

18 Year Old:  "Because as an adult, I know that just because you CAN do something, it doesn't mean that you SHOULD.  Just like you raised me".

Parent:  (speechless)

18 Year Old:  (Mic drop)

How To Solve The Big Tech Problem Without Violating Anyone's Rights

"Big Tech is the new Big Tobacco" is often bandied about these days.  And while that has a kernel of truth to it (a kernel the size of a cornfield, in fact), it is also used by authoritarian zealots with a very illiberal (and ageist) agenda.  Mandatory age verification, censorship, repealing Section 230, and other related illiberal restrictions would open up the door to many unintended consequences to privacy, cybersecurity, and civil rights and liberties in general.  Even those adults who don't support youth rights will eventually experience these consequences sooner or later.  Kafka, meet trap.  Pandora, meet box.  Albatross, meet neck.

And none of these things will actually solve the collective action problem of Big Tech and the "Social Dilemma".  But here are some things that will, in descending order of priority and effectiveness:

1. First and foremost, take a "Privacy First" approach as recommended by the Electronic Frontier Foundation (EFF).  Pass comprehensive data privacy legislation for all ages that, at a minimum, would ban surveillance advertising.
2. Audit the algorithms and internal research of the Big Tech giants, and make the results publicly available for all to see.  Sunlight is truly the best disinfectant. 
3. Require the strictest and safest privacy settings to be the default settings for all users of all ages, which can then be adjusted more liberally by the users themselves.  For example, "friends only" sharing and "no DMs enabled from people whom one does not follow" by default.  And allow the option to turn off all DMs completely as well.
4. Require or incentivize the use of various "architectural" safety features on all social media, such as various nudges, #OneClickSafer ("stop at two hops") to reduce the pitfalls of frictionless sharing, and increase the use of CAPTCHAs to root out the pervasive toxic bots.
5. If after doing that, We the People feel that we must still get stricter in terms of age, then don't make things any stricter than current California standards (i.e. CCPA and CAADCA).

The first two items on the list in particular would of course be vehemently opposed by Big Tech.  That's because their whole business model depends on creepy surveillance advertising and creepy algorithms, and thus incentivizing addiction for profit.  They would thus have to switch to the (gasp!) DuckDuckGo model if these items were done.  (Plays world's smallest violin)

For another, related collective action problem, what about the emerging idea of phone-free schools?  Fine, but to be fair, how about phone-free workplaces for all ages as well?  In both cases, it should ONLY apply while "on the clock", which for school would be best defined as being from the opening bell to the final bell of the day, as well as during any after-school detention time.  And of course, in both cases, there would have to be medical exemptions for students and employees who need such devices for real-time medical monitoring (glucose for diabetes, for example).  Surely productivity would increase so much as a result that we could easily shorten the standard workweek to 30-32 hours per week (8 hours for 4 days, or 6 hours for 5 days) with no loss in profits? 

We must remember that, at the end of the day, Big Tech is NOT our friend.  But neither are the illiberal control freak zealots.  These measures will actually make both sides quite angry indeed.  But truly that's a feature, not a bug.

Big Tech can go EFF off!

The Trouble With Mandatory Age Verification Online

(See our previous articles about this topic.)

A new bipartisan (aka the very worst kind of tyranny) bill in Congress seeks to 1) ban anyone under 13 from social media platforms entirely, 2) require parental consent for anyone over 13 but under 18 to join such platforms, 3) require mandatory age verification (and verification of parental status) to enforce the above.  This is very similar to Utah's new law, which is the strictest one passed to date.

(Arkansas recently passed a similar law as well, but theirs exempts so many social media platforms as to render it largely toothless in practice.  I'm sure the fact that the same state that recently relaxed child labor laws for youth under 16 also conveniently exempted LinkedIn is entirely a coincidence, right?)

The bill as currently written would apply the age verification requirement to all new accounts opened after enactment, and would have a two year grace period (why not simply exempt entirely, like in Josh Hawley's bill?) for existing accounts after which unverified accounts would be suspended.  Fortunately, unlike Hawley's bill, it does not specifically require government-issued ID (yet).

It doesn't take a rocket scientist to see the pitfalls of such a sledgehammer approach to a problem that really calls for a scalpel.  Not only does it arguably infringe on the First Amendment rights of people under 18, but it also backfires on adults over 18 almost as badly as well.  The Electronic Frontier Foundation (EFF) wrote an excellent article as to the very real perils and pitfalls that come with mandatory age verification, not least of which include the undermining of what is left of any semblance of privacy and anonymity online for all ages.  It is not much of a leap from that to further censorship and surveillance, digital ID, and ultimately social credit scoring to effectively lock "undesirable" people out of the public square for the purpose of power and control--a budding totalitarian's dream come true (and a nightmare for everyone else).  As a best case scenario, it will sound the death knell for what's still left of the free and open internet as we knew it.

Kafka, meet trap.  Pandora, meet box.  Albatross, meet neck.  Baby, meet bathwater.  Camel's nose, meet tent.  Horse, meet barn.  Trojan, meet horse.

Make no mistake, this is a Trojan horse!

The ONE possibly good thing in this bill is that it prohibits the use of algorithmic recommendation systems for people under 18 (why not all ages?), but otherwise it throws out the proverbial baby with the bathwater, and likely does more harm than good.  While it simultaneously lets Big Tech largely off the hook in terms of design safety.  That makes the bill both over-inclusive and under-inclusive.

Thus, Twenty-One Debunked categorically opposes this bill or any other that contains mandatory age verification for social media and/or the internet in general.  But in the event that mandatory age verification does become a foregone conclusion, we demand that the following safeguards be included:

• It must be as narrowly tailored as humanly possible.  Think scalpel, not sledgehammer. 
• The age limit should be no higher than 16 for social media or any other sites (except 18 for stuff like porn, gambling, and dating sites).
• All existing social media accounts (that were opened prior to the law's enactment date) must be "grandfathered" and thus fully exempt from mandatory age verification, period.
• A varied "menu" of options for age verification must be available for all.  Government-issued ID should be only one of many options. 
• All data collected for the purpose of age verification must be deleted immediately after verification, and not retained for any purpose whatsoever. 
• Age verification must be "one and done" when opening a new account.
• At most, only people who look and/or claim to be under 25 should be subject to age verification, similar to how it is done for requiring ID for buying tobacco products offline at the store.
• And there must be full liability for any misuse or abuse of data collected for the purpose of age verification. 

Then, and only then, would the slippery slope become less slippery.  Otherwise, slopes are MUCH slipperier than they appear!

Until then, we will vehemently oppose any bill that is stricter than the competing bills COPPA 2.0, KOSA in its newest version, and the Kids PRIVCY Act.  And we support the current "Age Appropriate Design Codes" already in places like California and the UK as well, which put the onus on Big Tech to make their platforms safer.  Make those the national standard in the USA.  Also, make social media safer for ALL ages as well.  But any further is a bridge too far for us.

(TL;DR version:  Just make "California standards" (both CCPA and CAADCA) the national standard, and also better data privacy laws for all ages.)

Oh, and by the way:  DON'T think it will stop at 18, or stop at social media, either.  Once this inherently illiberal bill passes, it will inevitably shift the Overton window further in the dystopian direction, making further encroachments of civil liberties that much easier going forward.  Just look at history. 

Three years ago, we effectively saw just how very quickly the unthinkable and the unquestionable can completely switch places given enough of a panic.  Let's NOT make the same mistake again!

UPDATE:  Already there are some people on Twitter who believe this bill doesn't go far enough as far as age limits, with some calling for the hard age limit to be raised to 21 or even higher.  You may laugh, but once this bill passes, that is really not much of a leap.  And how long before Big Tech, who currently opposes any hard age restrictions, will flip flop and openly come out in favor of raising the hard age limit, first to 18 and then 21, in return for less regulation overall, much like Big Alcohol, Big Tobacco, and Big Vape did?  Clearly 2023 smells a LOT like 1983 in that regard.

In other words, we have seen this movie before.  And it really doesn't end well.

UPDATE 2:  The leading competing bill, the Kids Online Safety Act (KOSA), has recently been resurrected with amendments that fixed some of its more glaring flaws for now.  That said, while we would MUCH rather KOSA pass compared to the much worse mandatory age verification bill discussed above, KOSA unfortunately still remains significantly problematic in its new version as well, and thus we cannot fully support it as currently written.  It can still be a potential Trojan horse.  That said, COPPA 2.0 and the Kids PRIVCY Act are good enough as written.  It is notable that the Center for Humane Technology doesn't include KOSA on their list of proposed policies.

Why there is still no serious attempt at any general comprehensive privacy legislation for all ages, and one that is content-neutral, currently remains a mystery (not).  The powers that be don't want it.

UPDATE 3:  Looks like reasonable doubt still remains about the more fanciful claims regarding the supposed causal link between social media, smartphones, and the teen mental health crisis when you zoom out and look at enough non-Anglo countries.  And yes, contrary to Jon Haidt, that IS an appropriate bar to clear before abruptly making truly radical (and likely unconstitutional) changes to society, especially from a place of moral panic.

UPDATE 4:  We should also note that Section 230 of the Communications Decency Act is often a frequent target for reform, if not outright repeal.  It effectively provides civil liability protection for online platforms who host user-generated content, with very few exceptions, and it is thus the sine qua non of the free and open internet as we know it.  While we can debate the merits of some degree of reform perhaps, repealing it in its entirety would throw the proverbial baby out with the bathwater, and have a chilling effect on free speech.  Section 230 repeal would be even worse than mandatory age verification. 

UPDATE 5:  Is Big Tech the new Big Tobacco? Honestly a better analogy is that Big Tech is new Big Oil.  And while there most likely is a "there", there, in terms of teen mental health issues, the specious idea of there being absolutely no safe level of social media use before some arbitrarily high age and they should be banned completely from it is a gross exaggeration. 

See also the EFF's other excellent article.

UPDATE 6:  See another great rebuttal here.

UPDATE 7:  KOSA is even worse than we thought, and thus we vehemently oppose it.  It is literally a textbook example of a Trojan horse that will effectively censor the internet and have a chilling effect on free speech, and also act as a likely gateway to the very same (de facto) mandatory age verification discussed above.  It needs a fundamental overhaul before it can even be considered at all.  As a wise man said, "no amount of lipstick can save this pig".

UPDATE 8:  See this other new study.

FINAL THOUGHT:  If we really want to throw the proverbial One Ring into Mount Doom for good in regards to Big Tech's highly toxic business model, we need to ban surveillance advertising, ban data brokers, and implement strong, comprehensive digital privacy legislation for ALL ages, period.  And go antitrust on the adtech duopoly as well.  In other words, platforms need to put users first, period.  And call their bluff whenever Big Tech falsely claims that a parade of horribles of some sort would result from doing so.  Ask them, "is that a threat, or a promise?"  

(Mic drop)

A Band-Aid Solution In Search Of A Problem (Part Deux)

We previously wrote an article about the recent wrongheaded push to ban young people under the age of 16 or 18 (depending on whose idea it is) from social media entirely, or at least heavily restrict it.  Well, now the state of Utah has finally done it, and signed it into law today, effective one year from now on March 1, 2024.  This new law does not completely ban people under 18 from social media, but in some ways it is worse than that.  What it does is 1) prohibits any Utah resident under 18 from opening a social media account, or even maintaining an existing one after March 1, 2024 unless they can provide both proof of age verification as well as proof of parental consent, 2) prohibits anyone of any age from opening a social media account or even maintaining an existing one without proof of age verification, 3) requires social media companies to provide parents with a password or other means to gain full access to their teens' accounts, 4) prohibits anyone under 18 from accessing social media from 10:30 pm and 6:30 am, 5) prohibits social media companies from showing any ads to people under 18, or using any addictive features for people under 18.  

If your jaw just dropped after reading all of that, you're not alone!

This is just plain wrong on so many levels.  That the age limit is set so high is bad enough, as is the lack of privacy for people under 18, but that not nearly the worst of it.  For starters, unlike Josh Hawley's federal bill, there is NO grandfather clause for existing accounts for anyone of any age, whether you are 18 or 80, only a mere one year delay before the law goes into effect.  Worse still, the mandatory collection and storage of proof of ID (driver's license, birth certificate, passport, etc) required by this law for ALL ages comes with NO meaningful safeguards to keep such sensitive information from falling into the wrong hands.  Fox, meet henhouse.  Everyone's privacy is at risk now, more then ever before.  Yet another example of adultism backfiring on adults.  It is the ultimate Trojan horse from Big Brother. 

And of course, the even greater loss of privacy specifically for teens should not be trivialized either, as that will put the most vulnerable young people in even greater danger still, not least from abusive and/or bigoted parents or guardians.

And the ban on addictive features, such as via those notorious algorithms, curiously only applies to people under 18 for some reason.  And it would hold the social media companies liable for that and any damages that result.  That, along with perhaps some other enhanced safety features, is probably the ONLY marginally good part of the new law, which of course they had to nerf it by age-gating it rather than simply applying it to all ages across the board.

(Why don't we simply make it illegal for any manufacturer, vendor, or company to deliberately engineer a product or service to be more addictive or habit-forming than it would otherwise be in the name of profit, for all ages, across the board, period?  Big Tech, Big Tobacco, Big Pharma, Big Food, et al., I'm looking at YOU.  That would not completely cure the problem of "limbic capitalism" in practice, of course, but it sure would greatly decrease the frequency and flagrancy of such machinations and manipulations.)

And what else does the law NOT do, but should do for all ages?  No data privacy rules, no enhanced safety features, no common carrier rules, or anything like that.  Nope, just more of the usual ageist bigotry and control under the guise of concern and protection.

If the new Utah law ever does become the national standard, then this is truly the end of an era, and the beginning of a new and even more dystopian one.  And it would also mark at least the beginning of the end of the free and open internet as we knew it.

And by extension, one more cut in the long-running, subtle "death by a thousand cuts" of the First Amendment, and the rest of the Bill of Rights as well.

One thing is for sure.  The Overton window has clearly shifted in a VERY questionable direction!

UPDATE:  Looks like the 10:30 pm social media curfew would simply be set as the default feature, which parents would be able to adjust at will.  (Thank God for small mercies, I guess.)

And there are ways of verifying age that don't compromise privacy or security, but somehow we doubt that those will be used.  In any case, teens will always find a way to game the system and get around the restrictions regardless of the method.

But with the general anonymity of social media effectively a thing of the past for all ages, thanks to the new ID verification system, the chilling effect on free speech will remain unless this law gets struck down before it goes into effect.  The clock is ticking.

UPDATE 2:  Looks like the evidence on which this law is based is less than meets the eye.  Far from a mountain of evidence, it is more like a molehill, and a shaky one at that.  Not that Big Tech is completely benign (they are not) or doesn't have a dark side (they clearly do), but we need to deal with them proportionately, and not from a place of moral panic.

And look into the other potential causes of mental health declines in young people as well.

UPDATE 3:  None of our objections apply at all to TikTok specifically, and we actually support federally banning that particular platform for all ages on pure national security grounds alone.  Or alternatively, perhaps "quarantining" it temporarily, and then buying and fully nationalizing it.  It is effectively a CCP spying app masquerading as a social media platform, and any mental health concerns are an afterthought in comparison to that.  And plenty of alternative platforms already exist now, and if those alternatives are somehow not good enough, it's really not that hard to create new ones that are.

UPDATE 4:  While research evidence is quite mixed at best, it is probably safe to conclude that, yes, Virginia, there really is a "there", there.  But it still does NOT follow that bans or undue age discrimination are the solution, as this problem calls for a scalpel, not a sledgehammer.  The Law of Unintended Consequences (aka Murphy's Law) is all too real.

Instead, things that require social media to be safer by design, like the California Kids' Code that goes into effect in 2024, would be a better idea.  The next logical step after that would be the COPPA 2.0 bill.  Ditto for many other ways to design it to be safer and less addictive as well, such as adding a bit more "friction".  Think harm reduction, not prohibition. 

See the youth-led advocacy movement Design It For Us, for more information in that regard.

Also note how The Netherlands appears to have dodged the supposedly global teen mental health crisis thus far.  Could it be that is at least in part because they are the overall most "permissive" society in the world for children and young people IRL?

UPDATE 5:  And don't forget to read Mike Males' famous rebuttals to Jon Haidt as well.  To wit, the real mental health crisis is the massive epidemic of toxic, dysfunctional adults, whose toxicity/dysfunction then inevitably rubs off on the young people in their lives.  Not to say that social media is not a potential causal factor in such toxicity overall, but clearly silencing the skeptics is another mistake to never make again.

A Band-Aid Solution In Search Of A Problem

We at Twenty-One Debunked already noted in a previous article how we oppose the proposed Texas social media ban for people under 18.  Now, there is a Republican bill in Congress that would effectively ban social media companies from allowing anyone under 16 from joining their platforms, opening them up to civil lawsuits from both states AND parents if they do so.  And the FTC would also be allowed to levy fines against them as well, in addition to the "privatized enforcement" resulting from the threat of lawsuits.

So much for the party of "small government".

While that is a marginally better idea than the Texas bill, if largely because the age limit is lower (though even the sponsors note the exact age limit will be negotiable to get bipartisan support, natch), and it effectively puts the heat entirely on the tech companies rather than young people themselves, it is still essentially a band-aid "solution" in search of a problem, like the Staples "Easy" button.  It is both over- and under-inclusive.  It both exaggerates the problems facing a particular age group while also minimizing the problems facing ALL ages.  The real root of the problem is the toxic algorithms that Big Tech designs to be as addictive as possible.  And TikTok is basically the CCP's digital equivalent of their biggest WMD of all, fentanyl, in that regard.

(And speaking of fentanyl, some social media apps such as Snapchat are currently being used by dealers to sell actual fentanyl to both kids and adults, typically disguised as counterfeit drugs such as pills.)

So what should we do instead?  Well, we could adopt the data privacy laws that the European Union currently has.  We could tax the "attention economy" by taxing the advertising that serves as the business model of Big Tech.  We could put regulations on the algorithms that Big Tech uses to manipulate its users of all ages and keep them hooked.  We could investigate Big Tech for antitrust violations. We could, you know, actually educate young people on social media literacy, ideally starting long before they go on such sites.  We could do a smartphone buyback (similar to gun buybacks) for all ages.  And we could also, you know, enforce existing age limits (typically 13) that are clearly NOT being followed in any meaningful sense, honored far more in the breach.

We need not violate the First Amendment in doing so either.  We can treat social media platforms as "common carriers", while regulating the real root of the problem, the toxic and addictive algorithms that can hardly be considered "protected speech," anymore than nuclear weapons could be considered protected by the Second Amendment. 

Or perhaps if Congresscritters and their talking heads are so concerned, they should mean what they say.  Declare a state of emergency, on the grounds that Big Tech and their social media is an existential threat to civilization itself. Impose a "quarantine" on them for "just two weeks" (right!) wherein all social media are frozen and archived during that time, so they cannot be used, and everyone is logged out simultaneously and cannot log back in during that time. During that time, We the People can then re-evaluate our often unexamined and unquestioned relationship to Big Tech, and in conjunction with our elected representatives in government, decide what the next steps (if any) will be.

I guarantee you, that would have saved FAR more lives than the Covid lockdowns ever would have, as the latter saved statistically zilch in the long run in terms of all-cause excess deaths.

Another idea:  Nationalize as public utilities all tech companies larger than a certain size, while banning any ones that are already nationalized (in theory or in practice) by hostile nations (TikTok and the CCP, I'm looking at you!).  Just like we should do with the "too big to fail (or jail)" banks.  Something to think about.

We could do all that and more.  But that would make too much sense, right?  I mean, why let mere facts and logic get in the way of a good moral panic?

(Mic drop)

UPDATE:  Republican Senator Josh Hawley's bill, with the aptly-Orwellian title "MATURE Act", would require social media users of all ages to submit 1) their full legal name, 2) date of birth, and 3) a scan/photo/copy of official government-issued IDs (driver license, birth certificate, etc.) for age verification to prove they are over 16 in order to set up a new account.  (Existing accounts would be grandfathered and not subject to this requirement, thank God for small mercies!)  That is, people of all ages would have to submit sensitive information to Big Tech, who we all know would NEVER use it for anything nefarious, right?  Let that sink in for a moment.  What could possibly go wrong?

Another bill, the Kids Online Safety Act (KOSA), stops short of banning kids under 16 from social media, but rather seeks to make it safer for them.  And while the bill still has significant flaws that need addressing, we at Twenty-One Debunked would still much rather support that bill than the MATURE Act any day.  In fact, it may actually be enough to pre-empt the latter.

Even one of Hawley's previous bills would be better.

Ditto for the new California law, which goes into effect in 2024, which may very well become the national standard at some point.

FINAL THOUGHT:  Lest we forget, as Reason Magazine points out, social media, for all of its warts and flaws, was the only real lifeline that young people had during the pandemic lockdowns when they were not allowed to see their friends in person.  They make some great arguments as to how flawed this bill is.

We Oppose The Proposed Texas Teen Social Media Ban

In Texas, a lawmaker has recently introduced a bill that would completely ban anyone under 18 from using any social media whatsoever, and require age verification via photo ID for anyone over 18 to open a social media account.  And Twenty-One Debunked opposes this bill for the following reasons:

• First and foremost, it is extremely ageist and a slippery slope.  And what's to stop them from arbitrarily raising the age limit even higher?
• It is far too broad an overreach, and throws the proverbial baby out with the bathwater.  Social media does have a dark side that we all should be aware of, but a blanket ban on everyone under 18 is NOT the way to deal with it. 
• Young people ages 13-17 are not adults, but they are not entirely children either.  There needs to be far more nuance than this sort of blanket ban.
• It is yet another intrusive instance of Big Brother, that also affects people over 18 as well.
• There is no obvious grandfather clause for anyone already over 13 but under 18 who currently already has social media accounts. 
• It will disadvantage people under 18 relative to people over 18 when it comes to networking for jobs (keep in mind that LinkedIn would count as social media under this bill).
• It will simply drive people under 18 onto the Dark Web instead, where there are NO rules or limits of any kind, period.  If they are tech savvy enough to set up and regularly use their own Facebook, Twitter, or TikTok account, they are also savvy enough to download Tor and then go down a far, far worse rabbit hole of horrors.

Thus, this ageist bill is a massive government overreach that will do far more harm than good on balance.  If we must have any hard age limits for social media by enforceable law, and that is a VERY big "if", they should not be any higher than 16 at most.  Age verification is OK in principle, but it needs to be done very carefully to avoid unintended consequences in terms of privacy and such.

So what should we do instead?  Well, we could adopt the data privacy laws that the European Union currently has.  We could tax the "attention economy" by taxing the advertising that serves as the business model of Big Tech.  We could put regulations on the algorithms that Big Tech uses to manipulate its users of all ages and keep them hooked.  We could investigate Big Tech for antitrust violations. We could, you know, actually educate young people on social media literacy, ideally starting long before they go on such sites.  We could do a smartphone buyback (similar to gun buybacks) for all ages.  And we could also, you know, enforce existing age limits (typically 13) that are clearly NOT being followed in any meaningful sense, honored far more in the breach.

We could do all that and more.  But that would make too much sense, right?

To all lawmakers:  please vote a HARD NO on this bill and any similar bills.  And to all parents and other adults reading this:  be a mentor, not a tormentor.