An internet-safety bill that some lawmakers are characterizing as the 鈥渟trongest鈥� piece of youth mental health legislation in Montpelier this year faces an almost certain legal challenge from the big technology companies it seeks to regulate.
More than 50% of Vermont middle schoolers on their screens, and much of that time is devoted to social media platforms like Instagram, TikTok and Snapchat.
Though the U.S. Surgeon General warned last year that those social media applications pose a 鈥減rofound鈥� risk to the mental health of children, federal lawmakers have yet to enact any substantive legislation targeted at the platforms. And some Vermont lawmakers say it鈥檚 time for the state to take matters into its own hands.
鈥淔or kids in particular, we鈥檙e trying to make sure there鈥檚 some safeguards in place,鈥� said Bradford Rep. Monique Priestley.
A by the U.S. Department of Health & Human Services last year found 鈥渁mple indicators that social media can also have a profound risk of harm to the mental health and well-being of children and adolescents.鈥�
The bill would for Big Tech in Vermont.
Casey Mock is the chief policy officer at the Center for Humane Technology, a national nonprofit founded by technologists who were concerned about design practices in the industry. The organization, which helped spearhead similar legislation in California, is working with lawmakers in Vermont on a bill that would block companies from using 鈥渁ddictive鈥� features that Mock said are designed to hook young brains.
Mock said the U.S. has a long history of enacting government-mandated safety standards that are meant to minimize harm to consumers. He said Vermont needs similar standards for technology.
鈥淲e have a building code 鈥� that requires fire escapes, smoke detectors, things like that. It鈥檚 up to the architect 鈥� however they want the building to look, what form it鈥檚 going to take and what function it鈥檚 going to have, so long as it has these sorts of elements.鈥� he said. 鈥淪o our approach to this legislation in general and policy in general takes that same approach.鈥�
The bill would require social media platforms to default to the highest privacy settings for young users. It would prevent strangers from sending direct messages to children. It would bar companies from selling kids' personal information. And perhaps it would require tech companies to stop using features that it has reason to believe will inflict harm on young users.
鈥淪ocial media creates this overwhelming pressure to 鈥� demonstrate yourself. And it makes you feel like you鈥檙e not enough. And it creates a lot of unrealistic expectations to live up to, especially for girls, I think, but everyone.鈥�Juniper Galvani, student at Mount Mansfield Union High School
Chittenden County Sen. Kesha Ram Hinsdale, a Democrat, said parents should have assurance that the products their kids engage with online are safe.
鈥淭his is a youth mental health bill, probably the strongest one we鈥檒l be able to get through the Legislature this year, because all of our children are on these platforms and are being sucked onto the algorithms and further isolated,鈥� she said.
If Vermont enacts the legislation, it will likely face the same after it enacted a similar law in 2022. That鈥檚 according to Carl Szabo, vice president and general counsel at NetChoice, a trade association that receives its funding from tech companies including Meta, Amazon and Google.
鈥淚f Vermont enacts this law, it will be blocked, it will be stopped, and it will protect absolutely zero children,鈥� Szabo said. 鈥淚t is a waste of taxpayers鈥� money to fight it in court.鈥�
Szabo said the legislation violates free speech rights protected by the First Amendment.
鈥淲hat it would do is it bans speech. It bans the way you organize content. It bans what stories get promoted and what stories don鈥檛 get promoted,鈥� he said. 鈥淎nd when the government comes in and starts banning speech, it gets held to the highest standard possible, and rightly so. And it must be crystal clear as to what speech is allowed, what speech is disallowed, and to whom it applies.鈥�
Szabo said the Vermont law fails to provide that clarity.
Camille Carlton, also with the Center for Humane Technology, said the free speech argument is spurious.
鈥淣owhere in the bill do we talk about banning speech or content at all,鈥� she said. 鈥淭he bill is targeted at privacy features and design features and that is it.鈥�
Attorneys general in 20 states have filed amicus briefs in the California case to uphold the law.
Szabo said the key to internet safety lies in the hands of children, and the parents raising them.
鈥淎t the end of the day, it is the responsibility of individuals to decide how much, if, when and where they use social media,鈥� he said. 鈥淎nd more importantly it is the role of parents like myself to decide how much and how often and even if my kids are allowed on social media.鈥�
But some young people say social media鈥檚 grip on children is too tight to escape.
Juniper Galvani, a 17-year-old junior at Mount Mansfield Union High School, told members of the Senate Judiciary Committee on Thursday that she and her peers are keenly aware that social media is having a corrosive effect on their sleep patterns and happiness and general well-being.
She said push notifications, endless scrolling and other addictive features on social media are just too compelling for the teenage brain to resist.
鈥淪ocial media creates this overwhelming pressure to 鈥� demonstrate yourself,鈥� she said. 鈥淎nd it makes you feel like you鈥檙e not enough. And it creates a lot of unrealistic expectations to live up to, especially for girls, I think, but everyone.鈥�
Dr. Heidi Schumacher, with the Vermont Chapter of the American Academy of Pediatrics, said the public health risks posed by social media are real.
鈥淚 can鈥檛 stress how strongly we feel as child health professionals for the real benefits that this bill can have in really protecting the health and well-being of Vermont鈥檚 kids and adolescents,鈥� Schumacher told lawmakers.
A 2023 report by the Harvard School of Public Health found that Facebook, Snapchat, Instagram, TikTok and X (formerly Twitter) in 2022 alone from users under the age of 18. Schumacher said it鈥檚 become clear that technology companies have willfully designed those platforms in ways that hook kids so they can maximize profits.
鈥淰ermont鈥檚 kids deserve better,鈥� she said.
The U.S. Senate needed to pass a Kids Online Safety Act that would require tech companies to ensure their products don鈥檛 endanger young users. The legislation faces a more difficult path in the U.S. House, however. And Casey Mock, with the Center for Humane Technology, said lawmakers in Vermont shouldn鈥檛 wait on action from Congress.
鈥淚 believe Mark Zuckerberg has been dragged in front of Congress nine times now, and we still have nothing coming out of D.C. Unfortunately the tech lobby is just too strong in D.C.,鈥� he said.
Sen. Peter Welch said in a written statement that, 鈥淭he fact of the matter is that Congress has failed to rein in Big Tech.鈥�
Vermont is one of six states considering internet-safety legislation this year.
Attorney General Charity Clark, who filed a lawsuit against Meta last year, said she鈥檒l be working with lawmakers to make the bill as legally unassailable as possible. If the Legislature enacts the bill into law, and it does face a challenge, she said she鈥檚 prepared to defend the state in court.
鈥淚 feel it鈥檚 really important that we do what we can to protect children,鈥� Clark said. 鈥淎nd if that involves, down the road I have to defend a lawsuit, I am happy to do it, because it鈥檚 worth it. This is the future of Vermont.鈥�
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