Protecting Kids and Adults Online: Device-Level Age Authentication

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Recently, the Supreme Court heard oral arguments in Free Speech Coalition v. Paxton, which involves a constitutional challenge to a Texas age verification law for websites containing sexually explicit material. The case offers the Court the opportunity to revisit two cases decided at the dawn of the Internet Age finding such requirements violated the First Amendment. This post looks at the legal and practical arguments against the law, and asks whether shifting verification from websites to devices might alleviate some of those concerns.

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Concern for Kids Prompts Problematic Internet Regulation, Take 27

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.


“What about the kids?” plays an outsized role in the short history of Internet law. From the Communications Decency Act to the Child Online Protection Act, California’s violent video game law, and more, the contours of online regulation have been shaped well-meaning legislation that turned out to be unwise, unconstitutional, or both. 

Last month, the Senate Commerce Committee reported out a bill poised to become the next entry in this dubious canon. The Kids Online Safety Act (KOSA) purports to protect minors from the very real risks posed by social media. But it does so by placing a vague duty of care on a wide range of Internet-based companies in a manner likely to chill significant amounts of online speech and do more harm than good to minors and society in general—in the unlikely event that it survives judicial review.

The crux of the act is Section 3, which requires “covered platforms” to take reasonable measures to prevent and mitigate specific harms to minors, including:

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On Being a Parent in Law School, Part IV: Children’s Stories for Lawyers

When I first wrote about parenting in law school, I complained that my classmates were reading case law while I was reading Moo, Baa, La La La! Now, with the benefit of hindsight, it’s still clear that book had no educational value for me. But my daughter loved it. So, what can you do? Fortunately, in the years since then, my increasingly sophisticated daughter has brought me into contact with increasingly stimulating stories.

Early on she tried out periodicals before turning to farm-based fiction.

For instance, our new farmhouse-themed go-to is Click, Clack, Moo, a pro-labor story about the power of the pen. In it, cows gain access to a type-writer and use it to demand better working conditions from Farmer Brown. They then go on strike until their demands are met. The revolution will not be pasteurized. The movement for animal dignity spreads to the chickens. They bring in a duck to mediate as a neutral party. But he is radicalized and brings the insurgency to the other ducks. Fellow classmates going into labor law: get this book if you want to explain to children what you do.

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On Being a Parent in Law School, Part III: Exercising Imagination

I first wrote about being a parent in law school shortly before my daughter’s second birthday. I was planning her second annual feat of strength. When she was one, she shuffled the last 100 meters up a paved path to the summit of Peter’s Hill. At two, she did a longer stretch of the road that winds around the hill. A few weeks ago, for her third birthday, she climbed straight up the hill, bottom to top, in the snow.

I started explaining the challenge to her the day before and then continued to prep her the morning of. When we started, she was ready, quiet, and about as focused as she gets. We started working our way up. In the middle, she struggled. She asked me to carry her. I told her she had to do this herself. She paused, rallied, and made it to the top. Breathing hard, but with a smile.

I took her for her three-year check-up at the pediatrician a couple of weeks later. The doctor told me, “Imagination is big at three.” She asked, “She imagine a lot?” That would be an understatement. She is constantly narrating her adventure: a highly consequential choice between the blue path and the red path, a search for a purple cow in a yellow valley, an escape from a thieving fox.

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Stories from the Public Interest Front Lines

It has been and continues to be a privilege to witness some of the most vulnerable moments of a person’s life, to stand with them, and try to help. The young people with whom I’ve worked have radically different stories than my own, and I imagine different from most law students. My years spent working with them have shown me that while ongoing assistance and intervention in domestic, educational and religious environments is crucial, it can only do so much in the face of a legal system which, for example, occasionally punishes children for problems for which they are not directly responsible. These young people deserve someone fighting on their side who has walked alongside them and experienced a piece of their story. Here are three that have stayed with me. I’ve changed names, but otherwise told them as they happened.

1.

When Jackson’s foster mom dropped him off at the ER, she gave the nurses a piece of advice: don’t let him play dinosaur inside. This was passed along to the director of the behavioral and mental health unit at a different hospital where he ended up, and was repeated to every staff member who worked with him: no dinosaur inside.

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