[This essay originally appeared on the AIER blog on May 28, 2019. The USA TODAY also ran a shorter version of this essay as a letter to the editor on June 2, 2019.]

In a hotly-worded USA Today op-ed last week, Senator Josh Hawley (R-Missouri) railed against social media sites Facebook, Instagram, and Twitter. He argued that, “social media wastes our time and resources,” and is “a field of little productive value” that have only “given us an addiction economy.” Sen. Hawley refers to these sites as “parasites” and blames them for a litany of social problems (including an unproven link to increased suicide), leading him to declare that, “we’d be better off if Facebook disappeared.”

As far as moral panics go, Sen. Hawley’s will go down as one for the ages. Politicians have always castigated new technologies, media platforms, and content for supposedly corrupting the youth of their generation. But Sen. Hawley’s inflammatory rhetoric and proposals are something we haven’t seen in quite some time.

He sounds like those fire-breathing politicians and pundits of the past century who vociferously protested everything from comic books to cable television, the waltz to the Walkman, and rock-and-roll to rap music. In order to save the youth of America, many past critics said, we must destroy the media or media platforms they are supposedly addicted to. That is exactly what Sen. Hawley would have us do to today’s leading media platforms because, in his opinion, they “do our country more harm than good.”

We have to hope that Sen. Hawley is no more successful than past critics and politicians who wanted to take these choices away from the public. Paternalistic politicians should not be dictating content choices for the rest of us or destroying technologies and platforms that millions of people benefit from.

Addiction Panics: We’ve Been Here Before

Ironically, Sen. Hawley isn’t even right about what the youth of America are apparently obsessed with. Most kids view Facebook and Twitter as places where old people hang out. My teenage kids laugh when I ask them about those sites. Pew Research polling finds that many younger users are increasingly deleting Facebook (if they used it at all) or flocking to other platforms, such as Snapchat or YouTube.

But shouldn’t we be concerned with kids overusing social media more generally? Yes, of course we should—but that’s no reason to call for their outright elimination, as Sen. Hawley recommends. Such rhetoric is particularly concerning at a time when critics are proposing a “break up” of tech companies. Sen. Hawley sits on the U.S. Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights. It is likely he and others will employ these arguments to fan the flames of regulatory intervention or antitrust action against at least Facebook.

Forcing social media sites to “disappear” or be broken up is one of the worst ways to deal with these concerns. It is always wise to mentor our youth and teach them how to achieve a balanced media diet. Many youths—and many adults—are probably overusing certain technologies (smartphones, in particular) and over-consuming some types of media. For those truly suffering from addiction, it is worth considering targeted strategies to address that problem. However, that is not what antitrust law is meant to address.

Moreover, concerns about addiction and distraction have popped up repeatedly during past moral panics and we should take such claims with a big grain of salt. Sociologist Frank Furedi has documented how, “inattention has served as a sublimated focus for apprehensions about moral authority” going back to at least the early 1700s. With each new form of media or means of communication, the older generation taps into the same “kids-these-days!” fears about how the younger generation has apparently lost the ability to concentrate or reason effectively.

For example, in the past century, critics said the same thing about radio and television broadcasting, comparing them to tobacco in terms of addiction and suggesting that media companies were “manipulating” us into listening or watching. Rock-and-roll and rap music got the same treatment, and similar panics about video games are still with us today.

Strangely, many elites, politicians, and parents forget that they, too, were once kids and that their generation was probably also considered hopelessly lost in the “vast wasteland” of whatever the popular technology or content of the day was. The Pessimists Archive podcast has documented dozens of examples of this reoccurring phenomenon. Each generation makes it through the panic du jour, only to turn around and start lambasting newer media or technologies that they worry might be rotting their kids to the core. While these panics come and go, the real danger is that they sometimes result in concrete policy actions that censor content or eliminate choices that the public enjoys. Such regulatory actions can also discourage the emergence of new choices.

Missed Opportunity, or Marvelous Achievement?

Sen. Hawley makes another audacious assertion in his essay when he suggests that social media has not provided any real benefit to American workers or consumers. He says the rise of the Digital Economy has “encouraged a generation of our brightest engineers to enter a field of little productive value,” which he regards as “an opportunity missed for the nation.”

This is an astonishing statement, made more troubling by Hawley’s claim that all these digital innovators could have done far more good by choosing other professions. “What marvels might these bright minds have produced,” Hawley asks, “had they been oriented toward the common good?”

Why is it that Sen. Hawley gets to decide which professions are in “the common good”? This logic is insulting to all those who make a living in these sectors, but there is a deeper hubris in Sen. Hawley’s argument that social media does not serve “the common good.” Had some benevolent philosopher kings in Washington stopped the digital economy from developing over the past quarter century, would all those tech workers really have chosen more noble-minded and worthwhile professions? Could he or others in Congress really have had the foresight to steer us in a better direction?

In reality, U.S. tech companies produce high-quality jobs and affordable, collaborative communications platforms that are popular across the globe. In response to Sen. Hawley’s screed, the Internet Association, which represents America’s leading digital technology companies, noted that, in Sen. Hawley’s home state of Missouri alone, the Internet supports 63,000 jobs at 3,400 companies and contributed $17 billion in GDP to the state’s economy. Presumably, Sen. Hawley would not want to see those benefits “disappear” along with the social media sites that helped give rise to them.

But the Internet and social media have an equally profound impact on the entire U.S. economy, adding over 9,000 jobs and nearly 570 businesses to each metropolitan statistical area. The Digital Economy is a great American success story that is the envy of the world, not something to be lamented and disparaged as Sen. Hawley has.

For someone who believes that Facebook is a “drug” and a “parasite,” it is curious how active Sen. Hawley is on Facebook, as well as on Twitter. If he really believes that “we’d be better off if Facebook disappeared,” then he should lead by example and get off the sites. But that is a decision he will have to make for himself. He should not, however, make it for the rest of us.

Last week, science writer Michael Shermer tweeted out this old xkcd comic strip that I had somehow missed before. Shermer noted that it represented, “another reply to pessimists bemoaning modern technologies as soul-crushing and isolating.” Similarly, there’s this meme that has been making the rounds on Twitter and which jokes about how newspapers made us as antisocial in the past much as newer technologies supposedly do today.

Isolation and inattention panics are some of the most common “fear cycles” that we have seen repeatedly play out through the ages. Indeed, sociologist Frank Furedi reminds us that panics over isolation, distraction, or inattention have been quite common. Consistent with that xkcd comic, Furedi has documented how “inattention has served as a sublimated focus for apprehensions about moral authority” going back to at least the early 1700s and continuing on through the next two centuries. During those years, he notes:

Inattention was increasingly perceived as an obstacle to the socialisation of young people. Countering the habit of inattention among children and young people became the central concern of pedagogy in the 18th century […]  During the 19th century, the state of inattention became thoroughly moralised. Inattentiveness was perceived as a threat to industrial progress, scientific advance and prosperity.

Today, however, the panic over inattention has ramped up, Furedi argues:

Unlike in the 18th century when it was perceived as abnormal, today inattention is often presented as the normal state. The current era is frequently characterised as the Age of Distraction, and inattention is no longer depicted as a condition that afflicts a few. Nowadays, the erosion of humanity’s capacity for attention is portrayed as an existential problem, linked with the allegedly corrosive effects of digitally driven streams of information relentlessly flowing our way.

While I generally agree these panics are overblown, one must also admit that there is some degree of truth to  all of them in the sense that each new technology presents us with some added level of potential distraction. And today we have more of those potential distractions than ever before. So, something’s gotta give, right?

“What information consumes is rather obvious,” Nobel Prize-winning economist and psychologist Herbert Simon remarked in 1971: “the attention of its recipients. Hence a wealth of information creates a poverty of attention, and a need to allocate that attention efficiently among the overabundance of information sources that might consume it.” Almost a half century later, we are confronted with a “wealth of information” that Simon could not have imagined, and that’s what has many critics worried about the potentially socially-destructive consequences of new technologies.

But social critics who write about this supposed “poverty of attention” problem have taken matters to the extreme and concocted some entertaining rhetorical ploys in an attempt to one-up each other on the panic meter. In a 2005 book, I discussed dozens of colorful book and article titles and terms like: “information overload;” “cognitive overload;” “information anxiety;” “information fatigue syndrome;” “information paralysis;” “techno-stress;” “information pollution;” “data smog;” and even “data asphyxiation.”

And that was all pre-Facebook and pre-Twitter! A dozen years later, this isolation-is-killing-us theme is becoming even more prevalent in books and articles. There are far to many books of this ilk to list here, but a quick sampling of the most popular ones would include: Nick Carr ( The Shallows), Franklin Foer (World Without Mind), Maggie Jackson (Distracted), Sherry Turkle (Alone Together), Eli Pariser (The Filter Bubble), John Freeman (The Tyranny of E-Mail), and Cass Sunstein (Republic.com), among many others. I have an entire bookshelf in my office filled with nothing but books of this variety, all penned over just the past 20 years.

Perhaps the sheer volume of panicky tracts suggests that there must be something to these fears. Let’s be clear: isolation, distraction, or inattention  are problems. But to some extent, these are problems that have always been with us and are not going away any time soon.

Social critics and cranky intellectuals love to complain about new technologies, and that’s never going to end. The best of that criticism will incorporate practical strategies for living a better life and suggest steps for how we all can find a better balance with the technologies that dominate our lives–today, tomorrow, and on into the future.

Sadly, most critics take a different approach which implicitly suggests we have somehow departed a golden age of living and that only a dystopian hellscape awaits us from here on out (if we’re not already living in it). It’s utter poppycock. As I’ve written before, pastoral myths and public square fantasies about some supposedly glorious but no-lost “good old days” are a lot of fun right up until you realize that the old days were, in fact, eras of abject misery. By almost every meaningful metric, we are better today than we were in the past, and that is probably just as true for things that we don’t have metrics for, including “attentiveness” or “distractability.”

We’d all like to think that people–especially kids–were somehow more attentive, more social, and more civil in the past than they are in today’s seemingly more cluttered, cacophonous, hurly-burly modern era. But there is absolutely no concrete evidence suggesting that is true and, as Furedi shows, there exists plenty of anecdotal evidence that when it comes to inattention, things really haven’t changed that much at all. We can and should strive to do better and find constructive solutions to problems such as these, but we should not go overboard with rhetorical threat inflation about the nature or severity of this problem. Nor should we pursue impractical or highly destructive solutions that would undermine the many other benefits associated with our new technological capabilities.

Ironically, at their very worst, isolation or inattention panics accomplish the exact opposite of what some social critics suggest that they desire. The critics often claim that they are just looking out for the next generation and trying to chart a better path for them. In reality, however, those critics are often just engaging in the same sort of fear-mongering and youth-shaming that countless other generations have before with their “KIDS THESE DAYS!” complaints. It’s always easy for intellectuals to tap into the worst fears of parents and policymakers by suggesting that the younger generation has lost the ability to reason or communicate effectively. And yet, each generation somehow figures out how to muddle through. We are an imperfect species, but we are also a highly resilient one.

Of course, that won’t stop an entirely new generation of critics from panicking about whatever future technology is apparently distracting the next generation to death. Fear sells and panics get attention. The calmer truths that history teaches us take longer to appreciate.

Additional Reading:

• Is It “Techno-Chauvinist” & “Anti-Humanist” to Believe in the Transformative Potential of Technology? (9/18/18)
• How to Sell a Book about Tech Policy: Turn the Technopanic Dial Up to 11 (1/2/18)
• What a 1911 Silent Movie Tells Us about the Technopanic Mentality (6/21/17)
• Regarding the Use of Apocalyptic Rhetoric in Policy Debates (10/29/14)
• Muddling Through: How We Learn to Cope with Technological Change (6/14/14)
• The Problem with “Pessimism Porn” (5/23/14)
• BOOK: “Permissionless Innovation: The Continuing Case for Comprehensive Technological Freedom”
• What Does It Mean to “Have a Conversation” about a New Technology? (5/23/13)
• paper: Technopanics, Threat Inflation & an Info-Tech Precautionary Principle (2/28/12)
• Why Do We Always Sell the Next Generation Short? (Forbes, 1/8/12)
• On Nostalgia (12/28/11)

I spend a lot of time here trying to debunk media “moral panics,” “techno-panics,” or unfounded hysteria over the impact of commercialism in general on kids. To believe what some politicians and regulatory agitators have to say, today’s youth always seem at the precipice of the moral abyss.  Our misguided youth are seemingly all going straight to hell and they dragging our culture and society down with them.

Except they’re not. It’s all the same old tripe we’ve heard one generation after another.  As the late University of North Carolina journalism professor Margaret A. Blanchard once noted: “[P]arents and grandparents who lead the efforts to cleanse today’s society seem to forget that they survived alleged attacks on their morals by different media when they were children. Each generation’s adults either lose faith in the ability of their young people to do the same or they become convinced that the dangers facing the new generation are much more substantial than the ones they faced as children.” And Thomas Hine, author of The Rise and Fall of the American Teenager, argues that: “We seem to have moved, without skipping a beat, from blaming our parents for the ills of society to blaming our children. We want them to embody virtues we only rarely practice. We want them to eschew habits we’ve never managed to break.”

Anyway, I was reminded of this again today as I was finally reading through a report published last year by the U.K.’s Department for Children, Schools and Families and the Department for Culture, Media and Sport. It’s entitled “The Impact of the Commercial World on Children’s Wellbeing” and it is very much worth your attention. Several people had recommended I check it out in recent months, but I’m ashamed to say I am only now getting around to it as I prepare an amicus brief for the Supreme Court’s review of a California video game law.  But this U.K. report is not to be missed. Here are a few of the choice bits from the study:

On moral panics generally:

Concerns about the harmful effects of popular culture on children and young people have a very long history, dating back well before electronic technology. These concerns reflect much more general anxieties about the future direction of society; but, as several studies have shown, they can also be inflamed and manipulated by those with much broader political, moral or religious motivations. These concerns occasionally reach the level of a ‘moral panic’, in which particular social groups and practices are publicly demonised – often on the basis of what are ultimately found to be quite spurious accusations. Perhaps paradoxically, such stories also play well in the media themselves, often receiving extensive and highly sensational coverage. (p. 25)

On “blaming commercialism” for the woes of the world:

Children’s growing access to media and technology, and the apparent increase in ‘commercialism’, are often cited as key reasons for this apparent corruption of childhood innocence. According to this view, childhood used to be a non-commercial experience: children were kept away from the sordid realities of the economy, and from the deceitful appeals of advertisers. But as commercialism has increasingly dominated childhood, and as children have come to be seen as ‘fair game’ for marketers, the freedom and innocence of childhood have been destroyed. These kinds of arguments have been made many times over the years by commentators from a wide range of political, moral and religious persuasions. Indeed, they can be seen as part of a long-standing tradition in Western social thought that dates back at least to the Romantics. This is a long and complex tradition, which has motivated significant reforms in children’s lives – for example through the work of writers such as Blake and Dickens and campaigners such as Shaftesbury. However, in some respects it has also entailed a resistance to modernity. Modern technology, urbanisation, consumer capitalism, the pressure to compete, and the ‘speed’ of contemporary life have all been cited as the villains of the piece; and there is a strong sense of nostalgia for a simpler, slower time, a rural idyll of family togetherness and spontaneous play, in which ‘children could be children’. (p. 26)

On how childhood is represented in political debates:

it is important to consider how children and childhood are represented in this debate. The ‘toxic childhood’ approach provides an extremely negative representation of contemporary childhood. Children are portrayed here as vulnerable and helpless victims, rather than in any way resilient or competent – or indeed happy. They are seen to be suffering from a litany of ills and problems: the more positive aspects of modern childhood – for example, in terms of the range of opportunities children enjoy – are largely ignored. The potential benefits of the commercial world, or of modern media and technology, for children are effectively marginalised. The possibility that most children (and their parents) are reasonably well-adjusted and doing fairly well is rarely entertained: the glass is very definitely half-empty. (p. 28)

On causal relationships (or what I refer to as the “monkey-see, monkey-do” theories):

[Another] key problem here is to do with the nature of the causal relationships and explanations that are suggested for the apparent ‘crisis’ of contemporary childhood. There is a persistent logical confusion in these arguments between correlations and causes. The fact that x and y happened at more or less the same time does not in itself mean that x must have caused y, or indeed vice-versa. Even if we can prove an association between x and y (that is, that more of x coincides with more of y), this does not amount to proof of a causal connection. In these debates, the distinctions between symptoms and causes are frequently  blurred; and incompatible or contradictory phenomena are often attributed to the same fundamental cause.  Unfortunately, this is also the case with a good deal of the research in this field. (p. 29)

On “The Limits of Nostolgia”:

Finally, it is important to consider the historical dimension of the argument. There is a very dominant strain of nostalgia here – a looking back to a ‘golden age’ when childhood and family life were apparently harmonious, stable and well-adjusted. But it is often far from clear when that time was, or the social groups to whom this description applies; and the basis on which historical comparisons are being made is frequently unclear. Historical studies of childhood certainly give good grounds for questioning whether such a ‘golden age’ has ever existed: if anything, they would suggest that the lives of children in earlier times were significantly harder than they are today. (p. 29)

Absolutely correct on all those counts.  Of course, I’m cherry-picking a bit here and pulling out the bits with which I find myself in general agreement. The report is more balanced than I’ve suggested here. So read the entire thing for yourself. It’s quite interesting. [More background on it here.]

Rep. Bart Stupak, (D-MI) recently introduced the ‘‘Online Age Verification and Child Safety Act’’ (H.R. 4059), which would require mandatory online age verification for “any pornographic website accessible by any computer located within the United States to display any pornographic material, including free content that may be available prior to the purchase of a subscription or product.”  The measure does not specify how such verification is to be administered, saying only that “any website or online service” must “establish and maintain a system of internal policies, procedures and controls to ensure that no such material is displayed to any user attempting to access their site without first verifying that the user is 18 years or older.”

In essence, the Stupak bill is the “Son of COPA,” or the Child Online Protection Act of 1998, a law that has been constitutionally tested and come up short during an epic, decade-long legal battle in which it was made clear that mandatory age verification is unwise, unworkable, and unconstitutional under the First Amendment.

COPA sought to make it a crime for someone to “knowingly” place materials online that were “harmful to minors.” The law provided an affirmative defense from prosecution, however, to those parties who made a “good faith” effort to “restrict[ ] access by minors to material that is harmful to minors” using credit cards or age verification schemes. COPA was immediately challenge, however, and a 10-year court battle ensued.  The law was blocked by lower courts because it was too sweeping in effect and because courts held that there were other “less restrictive means” that parents could use to deal with objectionable content — such as Internet filters.

COPA’s decade-long legal battle finally concluded in January 2009 when the U.S. Supreme Court refused to revisit the law.  COPA had already been reviewed by the Supreme Court twice before — in 2002 and 2004.  Thus, a third visit to the Supreme Court by COPA would have been something of a historical development in the world of First Amendment jurisprudence. But with the Supreme Court’s rejection of the government’s appeal in January, lower court rulings stood and COPA remained unconstitutional and unenforceable. The key recent legal battle occurred in the Third Circuit Court of Appeals, which upheld a lower court ruling striking down COPA. The Third Circuit’s full decision is here. And I penned a 3-part series on the lower court ruling by Judge Lowell Reed Jr., senior judge of the U.S. District Court for the Eastern District of Pennsylvania, here, here, and here. Also make sure to check out this summary of COPA’s legal journey that Alex Harris penned last November.

Many, many times here before I have documented my serious ongoing reservations about mandatory age verification.  [In particular, see this lengthy white paper and this event transcript for all the details.]  Moreover, as I pointed out in a recent PFF white paper (“Five Online Safety Task Forces Agree: Education, Empowerment & Self-Regulation Are the Answer“), every major online safety task force that has studied the possibility of mandatory age verification for the Internet has come to the same conclusion: It won’t work, it’s unconstitutional, and it raises serious privacy concerns. Down below the fold I have pulled some of the relevant language from the five online safety task forces that have met since 2000 and considered this issue.  Some of the very best minds in academia, industry, government, and the child safety community sat on these task forces.  And, taken together, these five task forces heard from hundreds of experts and produced thousands of pages of testimony and reports on a wide variety of issues related to online child safety.

I would hope that Mr. Stupak and other lawmakers would heed the warnings about mandatory age verification that these task forces issued.  Read on for brief look at what the experts had to say. And as you do, remember that every dollar spent litigating another misguided attempt to mandate online age verification is another dollar that could be spent on education and empowerment solutions or other law enforcement strategies, all of which could be put in place immediately to make our kids safer online.

2000 – Commission on Online Child Protection (“COPA Commission”)

[Age verification] imposes moderate costs on users, who must get an I.D. It imposes high costs on content sources that must install systems and might pay to verify I.D.s. The adverse effect on privacy could be high. It may be lower than for credit card verification if I.D.s are separated from personally-identifiable information. Uncertainty about the application of a harmful to minors standard increases the costs incurred by harmful to minors sites in connection with such systems.  An adverse impact on First Amendment values arises from the costs imposed on content providers, and because requiring identification has a chilling effect on access. Central collection of credit card numbers coupled with the “embarrassment effect” of reporting fraud and the risk that a market for I.D.s would be created may have adverse effect on law enforcement.[1]

2002 – Youth, Pornography, and the Internet (“Thornburgh Commission”)

In an online environment, age verification is much more difficult because a pervasive nationally available infrastructure for this purpose is not available. […] Note that each of these [age verification] methods imposes a cost in convenience of use, and the magnitude of this cost rises as the confidence in age verification increases.[2]

2008 – Safer Children in a Digital World (“Byron Review”)

[N]o existing approach to age verification is without its limitations, so it is important that we do not fixate on age verification as a potential ‘silver bullet’.[3]

2009 – Internet Safety Technical Task Force (ISTTF)

Age verification and identity authentication technologies are appealing in concept but challenged in terms of effectiveness.  Any system that relies on remote verification of information has potential for inaccuracies.  For example, on the user side, it is never certain that the person attempting to verify an identity is using their own actual identity or someone else’s.  Any system that relies on public records has a better likelihood of accurately verifying an adult than a minor due to extant records.  Any system that focuses on third-party in-person verification would require significant political backing and social acceptance.  Additionally, any central repository of this type of personal information would raise significant privacy concerns and security issues.[4]

2009 – “Point Smart. Click Safe.” Blue Ribbon Working Group

The task force acknowledges that the issues of identity authentication and age verification remain substantial challenges for the Internet community due to a variety of concerns including privacy, accuracy, and the need for better technology in these areas.[5]

[2] Computer Science and Telecommunications Board, National Research Council, Youth, Pornography and the Internet (Washington, DC: National Academy Press, 2002), at 63-4, www.nap.edu/html/youth_internet/

[3] Safer Children in a Digital World: The Report of the Byron Review, March 27, 2008, at 99.  www.dcsf.gov.uk/byronreview

[4] Internet Safety Technical Task Force, Enhancing Child Safety & Online Technologies: Final Report of the Internet Safety Technical Task Force to the Multi-State Working Group on Social Networking of State Attorneys General of the United States, Dec. 31, 2008, at 10, http://cyber.law.harvard.edu/pubrelease/isttf.

[5] www.pointsmartclicksafe.org/report

[NOTE: Follow H.R. 4059 and comment on it over at Washington Watch.]

ATTACHMENT: Final Statement of Adam D. Thierer on Age Verification to the Internet Safety Technical Task Force

ISTTF Thierer Closing Statement http://d1.scribdassets.com/ScribdViewer.swf?document_id=10275410&access_key=key-2arwch33v27rw4obom5&page=1&version=1&viewMode=list

On July 27th, The Progress & Freedom Foundation hosted a Capitol Hill panel discussion entitled “Online Child Safety, Privacy, and Free Speech: An Overview of Challenges in Congress & the States.” The event featured remarks from:

• Parry Aftab, Executive Director, WiredSafety.org
• Todd Haiken, Senior Manager of Policy, Common Sense Media
• Jim Halpert, Partner, DLA Piper
• Berin Szoka, Senior Fellow, The Progress & Freedom Foundation

We’ve just released the transcript of the event, which I have also pasted down below the fold in a Scribd document reader. Also, the audio for this event can be heard by clicking below:

Download mp3

Here is the full event description:

Online child safety, privacy, and free speech remain hotly debated issues at both the federal and state level. Bills introduced in Congress to address cyberbullying concerns propose either educational initiatives or a criminalization approach. Access to objectionable content also remains a concern and a new, government-mandated task force is looking into those issues. Meanwhile, state officials, including many state attorneys general, continue to explore age verification mandates for social networking sites and some have considered building on the federal Children’s Online Privacy Protection Act (COPPA) to expand “parental notification” mandates. The Federal Trade Commission (FTC) has recently announced an expedited review of COPPA to see if it is keeping up with new developments. The FTC is also exploring child safety in virtual worlds. New concerns about “sexting,” or the sending of sexual explicit images over mobile devices, has also raised new concerns led some lawmakers to ponder penalties.

How serious are these concerns? Is legislation or regulation needed to address them? What free speech issues are at stake? Should Congress take the lead or leave it to the States to experiment with different models? These and other issues were discussed by a panel of leading experts in the field of online safety and privacy policy.

Transcript PFF Online Child Safety Privacy Hill Event (7-27-2009) http://d.scribd.com/ScribdViewer.swf?document_id=18756666&access_key=key-1blb7az1ag406howibuk&page=1&version=1&viewMode=

Adam Thierer & I have just released a detailed examination (PDF) of brewing efforts to expand the Children’s Online Privacy Protection Act of 1998 to cover adolescents and potentially all social networking sites—an approach we call “COPPA 2.0.”

As Adam explained on Larry Magid’s CNET podcast, COPPA mandates certain online privacy protections for children under 13, most importantly that websites obtain the “verifiable consent” of a child’s parent before collecting personal information about that child or giving that child access to interactive functionality that might allow the child to share their personal information with others. The law was intended primarily to “enhance parental involvement in a child’s online activities” as a means of protecting the online privacy and safety of children.

Yet advocates of expanding COPPA—or “COPPA 2.0″—see COPPA’s verifiable parental consent framework as a means for imposing broad regulatory mandates in the name of online child safety and concerns about social networking, cyber-harassment, etc. Two COPPA 2.0 bills are currently pending in New Jersey and Illinois. The accelerated review of COPPA to be conducted by the FTC next year (five years ahead of schedule) is likely to bring to Washington serious talk of expanding COPPA—even though Congress clearly rejected covering adolescents age 13-16 when COPPA was first proposed back in 1998.

We’ll discuss some of the key points of our paper in a series of blog posts, but here are the top nine reasons for rejecting COPPA 2.0, in that such an approach would:

• Burden the free speech rights of adults by imposing age verification mandates on many sites used by adults, thus restricting anonymous speech and essentially converging—in terms of practical consequences—with the unconstitutional Children’s Online Protection Act (COPA), another 1998 law sometimes confused with COPPA;
• Burden the free speech rights of adolescents to speak freely on—or gather information from—legal and socially beneficial websites;
• Hamper routine and socially beneficial communication between adolescents and adults;
• Reduce, rather than enhance, the privacy of adolescents, parents and other adults because of the massive volume of personal information that would have to be collected about users for authentication purposes (likely including credit card data);

• Would likely be the subject of massive fraud or evasion since it is not always possible to definitively verify the parent-child relationship, or because the system could be “gamed” in other ways by determined adolescents;
• Do nothing to prevent offshore sites and services from operating outside these rules;
• Present major practical challenges for law enforcement officials in the face of such evasion by both domestic users and offshore sites;
• Could destroy opportunities for new or smaller website operators to break into the market and offer competing services and innovations, thus contributing to consolidation of online content and services by erecting barriers to entry; and
• Violate the Commerce Clause of the U.S. Constitution, since Internet activity clearly represents interstate commerce that states have no authority to regulate.

Today’s USA Today features a debate between the editors and me on the question of the impact media has on children and what should be done about it. Their editorial argues that “Today’s mass media penetrate deeply and quietly, inflicting real damage on young children, an increasing body of research shows.” Specifically, they are referring to a new study commissioned by Common Sense Media (CSM), which claims that a review of 173 studies shows “that a strong correlation exists between greater exposure and adverse health outcomes.”

In my response entitled “Don’t Scapegoat Media,” which appears in its entirety down below the fold, I argue that “Media have long been a convenient scapegoat for the woes of the world,” and that we must be careful not to assume correlation equals causation when surveying the impact of media on kids. After all, I argue, “how do [those studies] account for the other variables that influence youth development, including broken homes, bad parents, socioeconomic status, troubled peer relations, poor schools and so on? And how is media exposure weighted relative to these other influences? Is a beer ad really as much of a negative influence as an alcoholic parent?” Again, read my entire response below. [Of course, even if one assumes some media has an impact on some kids, there are plenty of ways for parents and guardians to take control over the media in their lives, as I have shown in my big book on the subject.]

I was also quoted in this Washington Post article about the new CSM study on Tuesday.

Don’t Scapegoat Media by Adam Thierer 12/4/08

USA Today

Media have long been a convenient scapegoat for the woes of the world. In particular, fears about the influence media might have on our children have often prompted calls for “crackdowns” on speech and expression.

Typically, these fears fade as one generation’s media boogeyman becomes another’s treasured art form. That’s not to say media don’t have an impact on some children. Clearly, media are among many factors that influence culture and behavior.

But what about those other influences? Some studies summarized in the new Common Sense Media (CSM) report suggest a potential link between media exposure and certain social pathologies. But how do they account for the other variables that influence youth development, including broken homes, bad parents, socioeconomic status, troubled peer relations, poor schools and so on? And how is media exposure weighted relative to these other influences? Is a beer ad really as much of a negative influence as an alcoholic parent?

That’s why it’s important to recall a fundamental tenet of all social sciences: Correlation does not necessarily equal causation. Human behavior is complicated and quite difficult to measure “scientifically.” Just defining “media exposure” and “negative health outcomes” is tricky enough; identifying root causes is even more challenging.

The sky hasn’t fallen the way some media critics feared. While childhood obesity is a growing problem, it’s important not to lose sight of the impressive gains we’ve made in other areas, such as falling juvenile violence, teen pregnancy, and youth drug and alcohol abuse. Moreover, even if some media negatively influence some children, that must be balanced against the many ways media inspire and empower.

The authors of the CSM survey are to be commended, however, for avoiding regulatory recommendations and instead focusing on the sensible steps parents, schools, industry and government can take to educate kids and empower families to take control over the media in their lives. More information, increased media options and better mentoring of our children are the prudent approaches.