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Guest opinion: Utah’s lawmakers can keep kids safe online, but device filter mandates won’t work

By Ryan Smith - | Feb 13, 2024

Today, it’s typical for young children to have a phone in their hands to keep in contact with friends and family or use a tablet for fun or for educational purposes. In fact, much of today’s school-related curricula relies on children accessing certain devices. Technology can be a useful tool for parents, but it’s important to understand how children are using it, and knowing what kids and teenagers are accessing on the internet can be an uphill battle. While my wife and I don’t have children of our own yet, this is already something that weighs heavy on our minds as friends and family with children navigate this tricky and often scary topic.

The internet is filled with content that’s not appropriate for young children and teenagers, and it’s an undeniable fact that social media has been linked to the rise in mental health concerns we’re experiencing in Utah. However, parents can’t keep an eye on everything their children get up to online. Thankfully, lawmakers in Utah led the national charge to keep kids safe on the internet.

Last year, elected leaders in Salt Lake City approved a flurry of measures to protect children from online dangers. Gov. Spencer Cox, for example, started a public service awareness campaign, rolling out ads showing how social media can be harmful and advising parents on how to have open and honest conversations with their children about those dangers.

Additionally, the state Legislature passed a bill requiring social media platforms like Facebook and TikTok to keep young children off of their apps entirely by verifying users’ ages. Children will also have to receive parental consent to sign into social media apps between 10:30 p.m. and 6:30 a.m. The law doesn’t go into effect until March, but already, other states are looking at the legislation as a model to reduce mental health concerns among children. Cox also signed a bill into law requiring websites known to provide adult content and pornography to verify users’ ages. As a result, well-known websites that provide pornographic content have stopped operating in Utah, and state legislatures around the country have passed similar legislation.

Unfortunately, in an attempt to put up additional online guardrails for children, some lawmakers risk passing impractical, overly broad and redundant legislative solutions that take government control too far. In order to prevent children and teenagers from accessing adult content, some elected officials in Utah have pushed for device filter legislation, which would require new phones and tablets purchased in the state to be equipped with content-filtering technology.

Whereas the regulations our lawmakers have already put in place have a proven track record of success, device filter mandates are completely unworkable. For one, the technology required for a phone or tablet to be outfitted with a location-specific content filter that would block inappropriate content across different apps and services does not exist. Additionally, the bill only applies to devices bought in Utah and doesn’t factor in smartphones and tablets purchased in other states. Finally, previous Supreme Court cases indicate that device filter mandates likely violate the First Amendment, meaning taxpayers here in Utah would be forced into a lengthy — and expensive — legal battle.

The practical limitations surrounding device filter proposals are concerning enough, but the idea also raises alarms about the government’s ability to parent their children. The fact is that a device filter mandate would allow unelected officials to decide what content is and isn’t viewable online. Parents should make those decisions, not government officials.

If lawmakers want to continue providing parents with measures that keep children safe online, there are other common-sense solutions to pursue. If our leaders want to build on Cox’s successful public awareness campaign, they could broaden its reach. Utah lawmakers could also follow Florida’s lead and have kids learn about responsible online behavior as part of their school curriculum. What our elected officials shouldn’t do is pursue more regulations to address a problem that an existing law already addresses. Utah’s new age verification and social media consent law doesn’t go into effect until this coming March and it is already expected to be a very effective means to keeping children safe online.

Utah is leading the way when it comes to keeping children safe online. And while there is more our leaders can do to support parents, they shouldn’t stop the progress they’ve made by passing unworkable legislation that parents don’t want.

Ryan Smith is the Chairman of the Utah College Republicans.

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