Big Tech, or Little Kids

Laurie Schlegel was a son who returned from school in Louisiana and informed his mother that an eighth grade peer had tried to show him pornography online.

The story was not remarkable given its assumed frequency but the response to it was notable. Schlegel, a sex-addiction therapist certified by the Louisiana House of Representatives and newly elected legislator. This past February, Schlegel introduced House Bill 142 to her colleagues. A representative explained to that the bill would establish a civil cause of action against commercial entities who publish or distribute material for minors online that doesn’t verify their age first. In other words, Louisiana parents could sue those entities for sexually explicit material if they failed to properly verify the user’s age.

Respondents will tell you, “Imagine the scandal!” “Imagine the scandal!” will be one of its detractors. Not hardly: Schlegel’s age-verification legislation passed unanimously in both chambers of her state’s legislature, was signed into law by Governor John Bel Edwards in June, and will take effect in 2023.

This report is what the Institute for Family Studies and Ethics and Public Policy Center have been waiting for. Last month, those think tanks published a joint report titled “Protecting Teens from Big Tech: Five Policy Ideas for States.” The legislative brief draws a connection between social-media and pornography consumption among teens and concerning sociological trends, including increases in teen depression, self-harm, sleep deprivation, suicide attempts, and suicide.

The authors of this report show a combination frustration at Congress’ inaction and anticipation for state-level creative solutions. Clare Morell (a policy analyst at EPPC) and Michael Toscano (executive director of IFS), told TAC that the “network effects,” of social media and pornography use among teenagers, are reason for policy action. Morell stated “each parent’s struggle, whether it be social-media usage or screen time is made easier if they are empowered in such ways .”

Toscano, who has been executive director of IFS since 2019, says that parents are asking for the help. He joined Brad Wilcox, senior fellow at IFS, at a 2019 event in Richmond, Virginia with around 100 mothers. The scholars spoke about marital outcomes and success, declining fertility, education, and other topics. However, what really gripped them was their discussion on the impact of social media on relationships with their families .

To address this question that is becoming more common, the report proposes legal solutions. These prescriptions would regulate age verification, parental consent and parental access as well as legal remedies for parents and their children. The report concludes with a “bonus proposal” that shifts the Overton window for public-policy discussions: “enact a complete ban on social media for those under age 18.” The report calls this solution “bold” but “not unprecedented;” the report lists “driving, smoking, drinking, getting a tattoo, and enlisting in the military” as examples of activities from which minors are barred from participating. Morell stated that there is a precedent for when something is really dangerous .”

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Morell recognizes the responsibility of parents to protect their children from social-media and pornography addictions, but also points to social phenomena that demand a legal response:

Even if you do stay strong in this [home] environment, and keep your own kids off them, the whole social environment of their class or school is really affected by these kids using the social media apps… A collective solution is needed to say, “Yes, there are certain things that should be left to parents, but as a society, we recognize that when something is dangerous or harmful to children, we haven’t left that to individual parents who said we should bar kids from something because it’s harmful. “

The report recognizes the uniqueness of these ideas: it states that a social-media ban flat would present “new legal challenges” and urges “pioneering States to instigate a new era for regulatory reform.” However, Toscano asserts that these solutions are compatible with a distinct era:

Imagine a scene where parents are sitting around the dinner table, and they’re having a lively discussion about what happened that day or even public events. For most families, this is an uncommon situation. This is because technology has become a mediator between the two of them. Media is changing the way we interact with our families.

Pornography and social-media addictions are not surprising to companies who create them. Toscano noted that tech companies employ some of the best behaviorists and most respected in the world to create addictive products. Perhaps legislation would not be justified if widespread addiction was not intentional and there were no social effects. However, neither is true. The addiction is expected. Everybody is suffering.

Rep. Schlegel said to TAC that she “has seen the toll it has taken upon people.” She also stated that her day job as an Licensed Counselor for People with Pornography and Sex Addiction informs her passion for this issue. She hosted a webinar featuring Gail Danes, an anti-porn activist. It was open to members of both the legislative chambers. Schlegel stated, “I always say it’s not YOUR dad’s Playboy .”

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The bill was passed in common sense. It is modestly sized. Commercial entities for which at least one-third of the material on their site is sexually explicit will now be required to verify the age of their visitors either by government ID or “any commercially reasonable method that relies on public or private transactional data to verify the age of the person.” In 2016, the state of Louisiana introduced LA Wallet, a phone app that is accepted by state police and businesses that are required to verify age. This feature confirms the visitor’s legal age and doesn’t reveal other details. Only compliance entities that are bound by the law will be able to take advantage.

When Schlegel was advocating for the bill at the legislature she stated that “unlimited access to pornography online is causing an public-health emergency for our children.” Toscano also said that teens are using social media in a way that causes a serious mental-health crisis .”

They realize their concern isn’t shared by all, so Toscano anticipates that there will be a fight. The tech companies will use their vast legal, financial and political resources. Libertarian periodicals won’t hesitate to publish articles that defend the right of 10-year-olds watching hardcore porn. Toscano states that legislators will need to choose a side. “God willing,” he said, “They will choose the sides of parents and children