SALT LAKE CITY — The state is proposing new rules for youth access to social media, following legislation aimed at curbing kids' use of platforms that state leaders say can be harmful.
The proposed administrative rule was released Monday by the Utah Division of Consumer Protection, which is a part of Utah's Department of Commerce. The Social Medial Regulation Act would require social media platforms to verify if a user is a minor and then require them to obtain parental consent before opening an account.
"If you’re under 18, you have to have parental consent. In order to prove you’re over 18, there has to be a way to age-verify," said Utah Department of Commerce Executive Director Margaret Woolley Busse in an interview with FOX 13 News.
According to the rule itself, methods for age-verification include:
- Validating and verifying mobile telephone subscriber information;
- Using dynamic knowledge-based authentication consistent with a method approved by the FTC;
- Estimating a current account holder's age based on the date a Utah account holder created the account;
- Checking a current or prospective account holder's Social Security Number's last four digits against a third-party database of personal information;
- Using a digital credential;
- Estimating a current or prospective account holder's age using facial characterization or analysis;
- Matching a current or prospective account holder's verified government-issued identification: to a live webcam photo or video of the person; or to the person who is physically present.
The rule forces social media companies to verify within 72 hours and it must provide confirmation to a parent or guardian. The agency insists there are low cost technologies that can quickly do this that are available to social platforms. Busse said there are third-party vendors that could do it.
"The idea of having to upload your license to a social media company where we know our privacy is already being invaded is not a great feeling," she said. "So really what, as you’ll recall, the laws require us to ensure there's an option that does not require a government ID in order to age verify. Then you’re looking at facial analysis. It’s not really biometrics. Its looking at characteristics of someone’s face saying it’s over 18."
The rule also requires data be secured, kept in the United States and purged after a certain amount of time.
Pressed on whether some of these proposed measures could violate someone's privacy, Busse told FOX 13 News: "This is the balance we have to strike. Because what we’re actually trying to do is protect people's privacy and protect kids."
FOX 13 News reached out to a number of social media platforms about the proposed rule. Some did not respond.
"We want young people to have safe, positive experiences across the internet. That’s why we’ve built safety and privacy directly into teen experiences. We’ve developed more than 30 tools to support families, including parental supervision tools that allow teens and parents to navigate social media safely together and tools to help ensure teens have age-appropriate experiences online," Antigone Davis, the head of global safety for Meta, which owns Facebook, Instagram and Threads. "We refer to research, feedback from parents, teens, experts, and academics to inform our approach, and we’ll continue evaluating proposed legislation and working with policymakers on developing simple, easy solutions for parents on these important industrywide issues."
An administrative rule, which has the effect of law, is drafted by an agency and crafted through a public comment process. The division has opened a public comment period until February 5, 2024. After the public comment period ends, the rule can be sent back for changes or go into effect. Social media companies would have until March 1, 2024 to comply. The Division can issues fines up to $2,500 per violation if a company fails to comply.
A public comment hearing will take place Nov. 1 at the Utah State Capitol on the proposed rule.
The state has gotten increasingly aggressive against social media companies for alleged harms to children. The governor and Utah Attorney General Sean Reyes announced a lawsuit last week against TikTok, accusing it of crafting an addictive algorithm that impacts youth mental health and deceptive practices with state authorities. The state is seeking a contempt of court citation against TikTok, accusing it of not complying with Commerce department subpoenas.
"The health and well-being of our kids is at stake, and we take that seriously. We are eager for the Social Media Regulation Act to take effect. These rules ensure that social media companies prioritize the safety and privacy of Utah’s youth while allowing them the flexibility to select methods that best meet their needs," Governor Spencer Cox said in a statement.
