Senate Bill 5708 (SB 5708), introduced by Senator Frame (D), aimed at protecting minors online, is a prime example of government going too far. While safeguarding children online from inappropriate content is everyone’s goal, SB 5708 is deeply flawed and poses serious litigation risks to business and parental rights.

SB 5708 aims to protect minors online by regulating "addictive feeds" and "addictive internet-based services." It would require online platforms to ‘estimate’ user age, apply privacy protections, and obtain parental consent for notifications. The bill would restrict data collection on identified minors but takes the first step in reducing parental oversight by parents by restricting access to some types of data from a minor’s social media account.

Rather than limiting the access of minors to “addictive feeds,” it limits parents’ ability to monitor their children’s use of social media.

An addictive feed is defined as a feed that a social media platform creates that uses algorithms to customize the feed content to an end user. An algorithm driven feed arguably provides a better user experience as the content is more relevant to the end user but comes with privacy concerns.

One of the concerning aspects of SB 5708 is its potential infringement on parental authority. While parents undoubtedly want to protect their children online, this bill shifts significant control to the state. By mandating specific privacy settings and imposing restrictions on how online services can interact with minors, the bill undermines parents' ability to make informed decisions about their children's online experiences. As an example, the bill calls for not collecting the minor’s location information which would be invaluable in a kidnapping or missing person case where the parent needs to locate the child’s whereabouts.

Additionally, the bill requires social media companies to “provide an obvious signal to the minor when the minor is being monitored or tracked,” by the “minor’s parent, guardian,” or others. The legislation actively makes it more difficult for parents to detect any dangerous interactions their children may be having online by warning minors that they are being watched.

Instead of imposing burdensome regulations, the legislature should focus on empowering parents with the tools and knowledge they need to navigate the online world safely. This includes promoting media literacy education, supporting the development of better parental control technologies, and fostering open communication between parents and children about online safety.

SB 5708 represents a significant overreach by the state government, with potentially damaging consequences for businesses and families. Rather than pursuing this misguided approach, the legislature should prioritize policies that promote innovation, respect parental rights, and empower individuals to make informed decisions about their online activities.

The bill has a hearing in the Senate on February 26. You can sign up to testify and express your opinion here.