There was an important article about online age verification in The New York Times yesterday entitled, “Verifying Ages Online Is a Daunting Task, Even for Experts.” It’s definitely worth a read since it reiterates the simple truth that online age verification is enormously complicated and hugely contentious (especially legally). It’s also worth reading since this issue might be getting hot again as Facebook considers allowing kids under 13 on its site.
Just five years ago, age verification was a red-hot tech policy issue. The rise of MySpace and social networking in general had sent many state AGs, other lawmakers, and some child safety groups into full-blown moral panic mode. Some wanted to ban social networks in schools and libraries (recall that a 2006 House measure proposing just that actually received 410 votes, although the measure died in the Senate), but mandatory online age verification for social networking sites was also receiving a lot of support. This generated much academic and press inquiry into the sensibility and practicality of mandatory age verification as an online safety strategy. Personally, I was spending almost all my time covering the issue between late 2006 and mid-2007. The title of one of my papers on the topic reflected the frustration many shared about the issue: “Social Networking and Age Verification: Many Hard Questions; No Easy Solutions.”
Simply put, too many people were looking for an easy, silver-bullet solution to complicated problems regarding how kids get online and how to keep them safe once they get there. For a time, age verification became that silver bullet for those who felt that “we must do something” politically to address online safety concerns. Alas, mandatory age verification was no silver bullet. As I summarized in this 2009 white paper, “Five Online Safety Task Forces Agree: Education, Empowerment & Self-Regulation Are the Answer,” all previous research and task force reports looking into this issue have concluded that a diverse toolbox and a “layered approach” must be brought to bear on these problems. There are no simple fixes. Specifically, here’s what each of the major online child safety task forces that have been convened since 2000 had to say about the wisdom of mandatory age verification: Continue reading →
What Unites Advocates of Speech Controls & Privacy Regulation? [pdf]
by Adam Thierer & Berin Szoka
The Progress & Freedom Foundation,
Progress on Point No. 16.19
Anyone who has spent time following debates about speech and privacy regulation comes to recognize the striking parallels between these two policy arenas. In this paper we will highlight the common rhetoric, proposals, and tactics that unite these regulatory movements. Moreover, we will argue that, at root, what often animates calls for regulation of both speech and privacy are two remarkably elitist beliefs:
- People are too ignorant (or simply too busy) to be trusted to make wise decisions for themselves (or their children); and/or,
- All or most people share essentially the same values or concerns and, therefore, “community standards” should trump household (or individual) standards.
While our use of the term “elitism” may unduly offend some understandably sensitive to populist demagoguery, our aim here is not to launch a broadside against elitism as
Time magazine culture critic William H. Henry once defined it: “The willingness to assert unyieldingly that one idea, contribution or attainment is better than another.”[1] Rather, our aim here is to critique that elitism which rises to the level of political condescension and legal sanction. We attack not so much the beliefs of some leaders, activists, or intellectuals that they have a better idea of what it in the public’s best interest than the public itself does, but rather the imposition of those beliefs through coercive, top-down mandates.
That sort of elitism—elitism enforced by law—is often the objective of speech and privacy regulatory advocates. Our goal is to identify the common themes that unite these regulatory movements, explain why such political elitism is unwarranted, and make it clear how it threatens individual liberty as well as the future of free and open Internet. As an alternative to this elitist vision, we advocate an empowerment agenda: fostering an environment in which users have the tools and information they need to make decisions for themselves and their families. Continue reading →
Online child safety — especially the fear of predators lurking on social networking sites (SNS) — continues to spur calls by state and federal lawmakers for regulation. At first, some federal lawmakers advocated outright bans on SNS in schools and libraries via the Deleting Online Predators Act (DOPA). Meanwhile, state and local lawmakers — specifically state Attorneys General (AGs) — have been even more vociferous in their calls for regulation in the form of mandatory age verification for social networking sites, which would cover a broad swath of online sites and activities according to their definitions of SNS. But the question that ultimately gets lost in this debate is: Just how much risk do social networking sites really pose for teens? Which risks are real and which are overblown? And what’s the best way to deal with the risks that we find to be legitimate?
Nancy Willard devotes her life to answering those questions. Willard is one of America’s leading experts on online safety and risk prevention. She runs the Center for Safe and Responsible Internet Use and she is the author of two outstanding books, Cyberbullying and Cyberthreats and Cyber-Safe Kids, Cyber-Savvy Teens. In my opinion, Willard’s general approach to online child safety is the most enlightened, level-headed, and likely to be effective. That’s because Willard focuses on putting fears in perspective, identifying the actual risks that kids face online, and devising sensible strategies to deal with risks and problems as they are discovered. Her approach is holistic and built upon sound data, targeted risk-identification strategies, and time-tested education and mentoring methods. For my money, it’s the most sensible approach to online safety issues. In fact, when other parents ask me for “just one thing” to read on the topic, I usually recommend Willard’s work — especially her amazing book Cyber-Safe Kids, Cyber-Savvy Teens. And her background in early childhood education, special education for “at risk” children with emotional and behavior difficulties, as well as experience in computer law, means she is uniquely suited to be analyzing these issues. In sum, this is woman we should all be closely listening to on these issues.
Recently, Willard has been responding to criticisms that state AGs have leveled against the Internet Safety Technical Task Force (ISTTF) and its final report. [Disclaimer: I was a member of the ISTTF.] I’ve already outlined the ISTTF’s work at length here, but the three key takeaways from the report were that:
- the risk of predation on social network sites has been over-stated; the data suggest that cyber-bullying is the bigger problem on SNS;
- there is no silver-bullet technical solution to online child safety concerns, and mandatory age verification, in particular, would not make kids safer online but could even create bigger problems in the long-run;
- education and empowerment are the real keys to keeping kids safer online.
Continue reading →
Just wanted draw everyone’s attention to a couple of great podcasts about online safety issues that include comments from members of the Internet Safety Technical Task Force (ISTTF). As I mentioned a few weeks ago, the ISTTF project and final report represent a major milestone in the discussion about online safety in America, and I was honored to serve as a member of this task force.
This in-depth “Radio Berkman” podcast featuring ISTTF director John Palfrey and co-director Dena Sacco is a really excellent (but lengthy!) overview of the ISTTF’s word. Here’s a shorter podcast that Prof. Palfrey did with Larry Magid of CNet. And I also recommend this excellent NPR “On the Media” podcast featuring my friend Stephen Balkam of the Family Online Safety Institute (FOSI).
For those interested, down below you will find a running list I have been keeping of coverage of the ISTTF. (I will try to keep updating this list here).
Continue reading →
The Internet Safety Technical Task Force (ISTTF), which was formed a year ago to study online safety concerns and technologies, today issued its final report to the U.S. Attorneys General who authorized its creation. It was a great honor for me to serve as a member of the ISTTF and I believe this Task Force and its report represent a major step forward in the discussion about online child safety in this country.
The ISTTF was very ably chaired by John Palfrey, co-director of Harvard University’s Berkman Center for Internet & Society, and I just want to express my profound thanks here to John and his team at Harvard for doing a great job herding cats and overseeing a very challenging process. I encourage everyone to examine the full ISTTF report and all the submissions, presentations, and academic literature that we collected. [It’s all here.] It was a comprehensive undertaking that left no stone unturned.
Importantly, the ISTTF convened (1) a Research Advisory Board (RAB),which brought together some of the best and brightest academic researchers in the field of child safety and child development and (2) a Technical Advisory Board (TAB), which included some of America’s leading technologists, who reviewed child safety technologies submitted to the ISTTF. I strongly recommend you closely examine the RAB literature review and TAB assessment of technologies because those reports provide very detailed assessments of the issues. They both represent amazing achievements in their respective arenas.
There are a couple of key takeaways from the ISTTF’s research and final 278-page report that I want to highlight here. Most importantly, like past blue-ribbon commissions that have studied this issue, the ISTTF has generally concluded
there is no silver-bullet technical solution to online child safety concerns. The better way forward is a “layered approach” to online child protection. Here’s how we put it on page 6 of the final report:
The Task Force remains optimistic about the development of technologies to enhance protections for minors online and to support institutions and individuals involved in protecting minors, but cautions against overreliance on technology in isolation or on a single technological approach. Technology can play a helpful role, but there is no one technological solution or specific combination of technological solutions to the problem of online safety for minors. Instead, a combination of technologies, in concert with parental oversight, education, social services, law enforcement, and sound policies by social network sites and service providers may assist in addressing specific problems that minors face online. All stakeholders must continue to work in a cooperative and collaborative manner, sharing information and ideas to achieve the common goal of making the Internet as safe as possible for minors.
Continue reading →
This week, I have been up at Harvard University participating in another meeting of the Internet Safety Technical Task Force (ISTTF), of which I am a member. The ISTTF was organized earlier this year pursuant to an agreement between 49 state attorneys general (AGs) and social networking giant MySpace.com. A group of experts from academia, non-profit organizations, and industry were appointed to the Task Force, which is charged with evaluating the market for online child safety tools and methods and issuing a report on the matter to the AGs at the end of this year. ISTTF members have been meeting privately and publicly in both Cambridge, MA and Washington, D.C. The Task Force has been very ably chaired by John Palfrey, co-director of Harvard’s Berkman Center for Internet & Society.
Although the ISTTF is looking at a wide variety of tools and methods associated with online child protection (ex: filters, monitoring tools, educational campaigns, etc.), many of the AGs who crafted the agreement with MySpace that led to the Task Force’s formation have made it clear that they are
most interested in having the ISTTF evaluate age verification / online verification technologies. In fact, at the start of this week’s session at Harvard Law School, AGs Martha Coakely of Massachusetts and Richard Blumenthal of Connecticut both spoke and made it abundantly clear they expect the Task Force to develop age and identify-verification tools for social networking sites (SNS). AG Blumenthal said we need to deal with “the dangers of anonymity” and repeated his standard line about online age verification: “If we can put a man on the moon, we can make the Internet safe.” [Of course, putting a man on the moon took hundreds of billions of dollars and a decade to accomplish, but never mind that fact! Moreover, one could also argue that if we can put a man on the moon we can cure hunger, AIDS, and the common cold, but some things are obviously easier said than done. Finally, putting a man on the moon didn’t require all Americans or their kids to give up their anonymity or privacy rights in order to accomplish the feat!]
On many occasions here before, I have outlined various questions and reservations about proposals to mandate online age verification. Last year, I also published a lengthy white paper on the issue and hosted a lively debate on Capitol Hill [transcript here] about this. I also have discussed age verification in my book on parental controls and online child safety. [Braden Cox also talked about his experiences up at Harvard this week here, and CNet’s Chris Soghoian had a brutal assessment of this week’s proposals on his “Surveillance State” blog.]
In this essay, I will discuss the new fault lines in the debate over online age verification and outline where I think we are heading next on this front. I will argue:
- There is now widespread understanding that it is extraordinarily difficult to verify the ages and identities of minors online using the methods we typically use to verify adults. Because of this, age verification proponents are increasingly proposing two alternative models of verifying kids before they go online or visit SNS…
- First, for those who continue to believe that we must do whatever we can to verify kids themselves, schools and school records are increasingly being viewed as the primary mechanism to facilitate that. This raises two serious questions: Do we want schools to serve as DMVs for our children? And, do we want more school records or information about our kids being accessed or put online?
- Second, for those who are uncomfortable with the idea of verifying kids or using schools, or school records, to accomplish that task, parental permission-based forms of authentication are becoming the preferred regulatory approach. Under this scheme, which might build upon the regulatory model found in the Children’s Online Privacy Protection Act of 1998 (COPPA), parents or guardians would be verified somehow and then would vouch for their children before they were allowed on a SNS, however defined. But how do we establish a clear link between parents and kids? And will parents be willing to surrender a great deal more information (about themselves and their kids) before their kids can go online? And, is it sensible to use a law that was meant to protect the privacy and personal information of children to potentially gather a great deal more information about them, and their parents?
- It remains very unclear how either of those two verification methods would make children safer online. Indeed, that could actually make kids less safe by compromising their personal information and creating a false sense of security online for them and their parents.
- It is highly unlikely the Internet Safety Technical Task Force will be able to reach consensus on this complicated, controversial issue. A small camp will likely flock to the sort of proposals mentioned above. Another, larger camp (including me) will flock to education-based approaches to child safety as well increased reliance on other parental empowerment tools and strategies, industry self-regulatory efforts, social norms, and better intervention strategies for troubled youth. But the age verification debate will go on and, as was the case over the past two years, the legal battleground will be state capitals across America, with AGs likely pushing for age verification mandates regardless of what the Task Force concludes.
Continue reading if you are interested in the details.
Continue reading →
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