Conn. AG Says Social Media Companies Can Implement Age Verification

HB-6857 is based on recommendations by Tong, who, in 2023, joined many other state AGs in suing Meta for allegedly causing children to become addicted to Facebook and Instagram. The bill would prohibit social media companies from using algorithms to feed addictive content to those less than 18 without parental consent.

Also, the bill would limit kids’ time on social media to one hour daily, but never between midnight and 6 a.m. Parents could override those limits as well.

Companies would have to annually report to state policymakers on the number of minors on their platforms and how many of those users have parental consent for getting algorithmic feeds. In addition, companies would have to disclose the average amount of time minors spend on the platform, broken down by age and time of day.

The committee seemed to broadly support the age-verification bill, said House Chair Roland Lemar (D) after committee members questioned Tong on HB-6857 and other consumer protection bills for about an hour. Earlier in the hearing, Lemar noted bipartisan support for tackling kids’ social media addiction. “This is clearly something that impacts families across our state.”

Rep. Tim Ackert (R) said he shared concerns about kids spending too much time scrolling through social media on their phones. However, he asked Tong to discuss the practical side of implementing the bill. "How does this mechanically work?"

Employing age-verification shouldn’t be challenging for wealthy companies that successfully added multifactor authentication, responded Tong. Also, the AG dismissed the argument that parents concerned about their kids’ social media use should step in themselves. “My first response is: 'Good luck,'" said Tong. Parents feel like they were hit by a “tsunami,” he added. “Parents were ill-prepared for this and are still struggling to find ways to manage it.”

While the Computer & Communications Industry Association "shares the goal of increasing online safety, this bill presents some serious concerns, and we look forward to engaging with the sponsor on this issue," said CCIA State Director Megan Stokes in an emailed statement. "Proposals to keep children safe online should be established through a risk-based approach to developing protections for different ages of users and by focusing on tangible harm."

“Not only is the proposal legally questionable, but it also overlooks the crucial role algorithms play in safeguarding children online," said Amy Bos, NetChoice state & federal affairs director, in an emailed statement. NetChoice has sued many states with age-verification laws. "Effective protection comes from supporting parents, not substituting their role in overseeing their children's online interactions."

Lawmakers from both parties in many state legislatures have floated age-verification bills this year (see 2501170053).

For example, Illinois Sen. Laura Ellman (D) proposed a social media bill (SB-2316) on Friday. Under SB-2316, social media companies must conduct reasonable age verification before allowing access to their platforms. Minors under 18 could access platforms if they first get parental consent, though not between 10 p.m. and 6 a.m. A Republican Illinois senator, Erica Harriss, introduced an age-verification bill covering porn websites earlier last week (see 2502070049).

Also Friday, a bipartisan duo from Washington state, Sens. Noel Frame (D) and Keith Wagoner (R), unveiled a kids’ privacy bill (SB-5708). It requires a “business that provides an online service, product, or feature likely to be accessed by minors shall estimate the age of minor users with a reasonable level of certainty appropriate to the risks that arise from the data management practices of the business or apply the privacy and data protections afforded to minors, including as required under this chapter, to all consumers or users of the online, service, product, or feature.”

The Washington Senate Business Committee plans a hearing on SB-5708 Thursday. Multiple states also have hearings this week about proposed bills that would require age verification. On Tuesday, the Missouri House Children and Families Committee plans to weigh HB-236, while the South Carolina Judiciary Committee is scheduled to consider HB-3431. On Wednesday, South Carolina’s Commerce Committee expects to weigh S-268; the Alabama House Children Committee is set to consider HB-235; and the Arizona Senate Judiciary Committee may take up SB-1341.