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As New York Finalizes New Social Media Rules, US Senate Considers Nationwide 'SCREEN' Act

3 weeks 3 days ago

New York has finalized new rules that will govern social media apps in the state starting on January 25, 2027. The law prohibits social media platforms from sending notifications to minors between midnight and 6 a.m. without parental consent. And minors "will only be shown content from other accounts they follow or otherwise select in a set sequence, such as chronological order," rather than "the default algorithmically personalized feeds... unless they get parental consent for an addictive feed." (Social media companies "must offer at least one alternative method for age assurance besides providing a government-issued ID," the announcements points out, and any information used to determine age "must not be used for any other purpose and must be deleted or de-identified immediately after its intended use.") But meanwhile, the EFF writes that a committee in the U.S. Senate is considering the SCREEN ACT, "a sweeping age-verification bill that would require online services to verify users' ages before they can access any sexually explicit content. If this bill passes, it will force millions of adult internet users to give up their anonymity, privacy, and security before they access lawful speech." Unlike many state-age verification laws — which have been harmful in their own right — the SCREEN Act has no requirement that a significant portion of the website consist of sexually explicit content that is harmful to minors. The bill requires nearly any service hosting even a single piece of sexually explicit content to verify the ages of its users. The result is that the bill would apply not only to adult content sites like PornHub or OnlyFans, but also streaming services like Netflix, and social media platforms like Reddit, Discord, or Bluesky, if they host any adult content... Under the SCREEN Act, the "bouncer" will be a digital age-verification service that captures your personal information and saves it to a database for an unspecified amount of time. The consequences of the bill won't be limited to minors. If websites and apps are expected to reliably identify teenagers, adults will be asked to prove they are adults. Even worse, the SCREEN Act is a privacy and data security nightmare. One provision of the bill requires services to take reasonable steps to protect the data collected and to not maintain for longer than is necessary. But these are terribly weak protections that impose no meaningful collection, use, or retention limits on services collecting people's private information... The SCREEN Act also targets virtual private network (VPN) users and providers. The bill requires covered websites to verify users' ages based on their IP addresses unless the service can determine that the user is outside the United States, and specifically requires age verification on traffic coming from known VPN addresses. In practice, this discourages the use of VPNs and proxy servers, which millions of people rely on for legitimate purposes such as protecting personal privacy, securing public Wi-Fi connections, safeguarding journalists and activists, and preventing data tracking... The SCREEN Act creates onerous age-verification rules that will block adults from accessing lawful speech, curtail their ability to be anonymous, and jeopardize the data security and privacy of all internet users.