HOUSTON – Parents concerned about their children and social media may be interested in learning about an act meant to protect young ones from harmful content on social media and even preventing them from signing up for social media accounts without parental permission.
Referred to as, the SCOPE Act, the Securing Children Online Through Parental Empowerment Act is a piece of U.S. legislation introduced to enhance consumer protections against harmful online practices. The act is primarily focused on regulating online platforms and marketplaces to prevent deceptive or dangerous product listings.
It was supposed to go into effect Sunday, September 1, but parts of it have been blocked.
One of the most important parts of this act is it forces companies to get a parent or guardian’s permission before allowing a minor to create an account. However, critics like the nonprofit group the Foundation for Individual Rights and Expression (FIRE) said the law goes way beyond that.
What happened?
Just days before the SCOPE Act was expected to go into effect, the non-profit, Foundation for Individual Rights and Expression (FIRE) filed a motion hoping a judge would block it.
The law’s “monitoring and filtering” requirements, which critics argued posed a significant threat to online free speech, were then halted by U.S. District Judge Robert Pitman on Friday. The ruling came after other tech industry groups filed lawsuits challenging the SCOPE Act’s constitutionality.
Judge Pitman’s decision grants an injunction against the enforcement of the monitoring and filtering provisions, citing concerns these rules could infringe on First Amendment rights. However, the ruling did not block the entire law, meaning other aspects of the SCOPE Act, such as data collection rules and age verification requirements for platforms with significant amounts of adult content, remain in place.
MORE: Nonprofit FIRE files complaint attempting to block Texas’ social media law
According to the Texas Office of the Attorney General, this new law will primarily “apply to digital services that provide an online platform for social interaction between users that: (1) allow users to create a public or semi-public profile to use the service, and (2) allow users to create or post content that can be viewed by other users of the service. This includes digital services such as message boards, chat rooms, video channels, or a main feed that presents users content created and posted by other users.”
As of now, the law will be put in place again unless a judge agrees with the non-profit.
Who is exempted?
According to the AG, the SCOPE Act contains numerous exemptions including the following:
- State agencies;
- Small businesses as defined by the Small Business Administration (SBA);
- Financial institutions or data subject to Title V, the Gramm-Leach-Bliley Act; covered entities or business associates governed by federal laws like HIPAA and the HITECH Act; and institutions of higher education;
- Digital service providers who process user data for express purposes of employment or education services;
- A digital service provider’s facilitation of e-mail or direct messaging services as long as the digital service only provides those services; or
- A digital service provider’s facilitation of access to news, sports, commerce, or content primarily generated or selected by the digital service provider; and allows chat, comment, or other interactive functionality that is incidental to the digital service.
- Internet service providers, search engines, or cloud service providers can be exempt unless they are responsible for the creation of harmful material or other content described by Section 509.053(a) of the Act. For example, when an internet service provider, search engine, or cloud service provider solely supplies the internet access or connection, allows for downloads, access to software, or other services to a website, they are generally not considered actionable since they often do not have control over the harmful content in question.
What if someone violates it?
A violation of the SCOPE Act is a deceptive trade practice enforceable only by the Consumer Protection Division of the Office of the Attorney General of Texas. If someone were to violate the act, the AG’s office may seek injunctive relief, civil penalties of up to $10,000 per violation, and attorneys’ fees.
The Act does not confer a private right of action but allows parents and guardians of known minors to file suit to obtain a declaratory judgment against a digital service provider. A court may not certify a case brought under the Act as a class action.