AR167

An Assembly Resolution urging the President and Congress to enact legislation that requires certain protections and parental consent for children 16 years of age and younger to use social media and other websites.

Whereas, The use of social media has become a regular part of the modern communication landscape, allowing individuals to connect with family and friends and expanding access to local, national, and global news; and

Whereas, For many teens and children, the use of social media has become as ubiquitous as the use of Internet generally, with 95 percent of teenagers having access to an Internet-enabled cellphone and 45 percent of teenagers reporting that they use social media constantly, according to a 2018 PEW Research Center survey; and

Whereas, The rise of social media use amongst teenagers has coincided with the rise in rates of depression, anxiety, and suicide amongst teenagers, and although a causal relationship between social media use and mental health is not clearly understood , certain social media platforms, including Facebook and Instagram, have known of the negative mental health impacts of their social media platforms on teenagers and have done very little to address these issues; and

Whereas, Recognizing the effects that Internet use had on children and teens, Congress enacted the Children’s Online Privacy Protection Act of 1998 (COPPA) (15 U.S.C. ss.6501–6506), which required the Federal Trade Commission to issue and enforce regulations concerning children’s online privacy; and

Whereas, The primary goal of COPPA, which was to create parental controls over the personal information of children under 13 years of age that is collected, used, or disclosed by the operators of Internet websites, was noble at its inception, but as the usage of the Internet by children and teens has evolved, the methods used to combat the negative impacts of Internet usage must also evolve; and

Whereas, More recently, legislation was introduced in Congress, the “Kids Online Safety Act” (S.B.3663), which if enacted, would establish new safety measures to protect children and teens against online material that promotes or creates a heightened risk of stalking, cyberbullying, exploitation, addiction, self-harm, or other risks to the physical or mental health of children under 16 years of age; and

Whereas, S.B.3663, among other things, requires websites used by children under 16 years of age, including social media platforms, to provide parents with safeguards that would allow the parent to limit the ability of individuals to contact or locate the child, to limit time spent by the child on the website, to limit features that increase or extend the use of websites with auto-play, rewards, or notifications, to prevent the viewing of the personal information of the child and algorithmic recommendations that use the child’s personal information, and to delete the child’s account and request removal of personal information; and

Whereas, Although S.B.3663 would establish many protections that can assist parents in safeguarding their children online, it would not require websites to obtain parental consent before a child may open an account, which would be a key element in this effort; and

Whereas, As Internet usage continues to evolve, it is important for parents to have the tools to safeguard their children from the evolving threats that exist online, thus it is altogether fitting and proper for the President and Congress to enact legislation that requires parental consent for children under 16 years of age to open accounts and utilize social media and other websites used by children; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. This House respectfully urges the President of the United States and Congress to enact legislation that would require parental consent for children 16 years of age and younger to open accounts with websites used by children, such as social media websites.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President of the United States, the Chair of the Federal Trade Commission, the Chair of the Federal Communications Commission, and each member of the United States Congress elected from this State.

STATEMENT

This bill urges the President and Congress to enact legislation that requires certain protections and parental consent for children 16 years of age and younger to open accounts with and utilize social media websites and other websites used by children.

The use of social media has become a regular part of the modern communication landscape for individuals to connect and communicate with family, friends, and colleagues and even to access local, national, and global news. For many teens and children, the use of social media has become as ubiquitous as the use of Internet generally. The rise of social media use amongst teenagers has sadly coincided with the rise in rates of depression, anxiety, and suicide amongst teenagers, and there is evidence that certain social media platforms have known of the negative mental health impacts of their social media platforms on teenagers and have done very little to address those issues.

Recognizing the effects that Internet use has had on children and teens, Congress enacted the Children’s Online Privacy Protection Act (COPPA) in 1998, which required the Federal Trade Commission to issue and enforce regulations concerning children’s online privacy. The primary goal of COPPA, which was to place parental controls over the personal information of children under 13 years of age, was noble at its inception, but the methods used to combat the negative impacts of Internet usage have to evolve.

The “Kids Online Safety Act” (S.B.3663), which if enacted, would create new federally-mandated safety measures to protect children and teens online, including, among other things, requirements for websites used by children under 16 years of age, including social media platforms, to provide the parents of children under 16 years of age with safeguards that would allow the parent to limit certain website features. Although S.B.3663 creates many protections that will assist parents in safeguarding their children online, it does not require websites to obtain parental consent before a child may open an account, which would be a key element in this effort. As the Internet and the usage of it continues to evolve, it is important for parents to have the tools to safeguard their children from the evolving threats that exist online.