Why Sen. Brian Schatz thinks child safety bills can trump the First Amendment
Jan 30, 2024
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Senator Brian Schatz discusses the challenges of tech regulation in the U.S. and the controversial bill aiming to protect children online by bypassing the First Amendment. They also explore Europe's effective tech regulations and the impact of social media on children's mental health.
The Kids Online Safety Act aims to protect children from algorithmically amplified harms on social media by proposing age restrictions and limiting algorithmic boosting of content.
Regulating the tech industry in the United States is challenging due to polarization and a clunky system of government, but small legislative victories can positively impact people's lives.
The European Union has been more effective in passing tech regulations compared to the United States, highlighting the need for bipartisan efforts in Congress to address tech regulation.
Deep dives
Regulating Social Media for Kids: The Kids Online Safety Act (COSA)
The podcast episode discusses the Kids Online Safety Act (COSA), a controversial piece of legislation that aims to protect kids from algorithmically amplified harms on social media. The bill proposes that children under 13 should not be allowed to be online, and for 13 to 17-year-olds, parental consent is required. Additionally, the bill suggests prohibiting algorithmic boosting of content for those aged 13 to 17 within a single session. The episode highlights the potential negative impact of social media on children's mental health, including anxiety, depression, eating disorders, and suicidal tendencies. However, concerns are raised about the tension between protecting children and limiting access to supportive resources such as LGBTQ support or reproductive health information. While there are legal and First Amendment challenges associated with regulating content on the internet, the podcast argues that protecting children's well-being is a compelling government interest that can withstand constitutional scrutiny.
The Challenges of Regulating Tech and Congressional Dysfunction
The podcast delves into the challenges of regulating the tech industry in the United States and the seemingly dysfunctional state of Congress. It emphasizes the difficulty in passing tech-related laws due to polarization, lack of focus, and desire for political posturing. The conversation highlights the inherent clunkiness of the American system of government, intentionally designed to make passing federal laws difficult. Senator Brian Schatz acknowledges the frustration expressed by tech industry leaders, who are used to quick decision-making and action. However, he argues that the Constitution's design and checks and balances are intended to prevent concentration of power and ensure stability. The podcast also addresses the rise of authoritarian thinking as a response to perceived government inaction. Despite the slow process, Senator Schatz emphasizes the important work done by Congress behind the scenes and the impact of small legislative victories that positively affect people's lives.
The Influence of European Union in Tech Regulation
The podcast contrasts the ability of the European Union (EU) to pass regulations on tech companies with the perceived inaction in the United States. It discusses recent regulatory actions in the EU, such as requiring Apple to open up its App Store and mandating USB-C on iPhones. Senator Schatz acknowledges the complexity of the EU government structure compared to the United States but highlights the EU's ability to pass tech regulations more effectively. The discussion explores the factors contributing to this disparity, including dysfunction and polarization in U.S. politics, the desire of politicians to be seen as fighting big tech, and the challenges of addressing content moderation without infringing upon the First Amendment. However, the podcast suggests that there is room for bipartisan efforts in the U.S. Congress to address tech regulation, particularly in areas such as protecting children online.
The Influence of Tech Platforms and the Need for Regulation
There was a concerted effort by tech platforms to avoid regulation and prevent 'tech shaming' of members of Congress. The platforms used instances where lawmakers demonstrated a lack of technological expertise to ridicule them. However, this has created a reluctance among members to push for serious regulation. Despite the tech companies expressing a desire for federal regulation, their actions often hinder or oppose bills that aim to address issues like data privacy and a duty of care.
The Challenges of AI and the Urgency for Addressing Misinformation
The emergence of technologies like AI raises concerns about deepfake videos and the potential for misinformation during election campaigns. While it is challenging to completely eliminate these issues, there is a need to establish regulations. For example, requiring generative AI products to have embedded disclosures to clarify that content is not real. The urgency lies in addressing AI-related problems that can lead to financial fraud and non-consensual revenge porn. By prioritizing the most pressing issues, we can take effective steps towards protecting individuals and preventing the spread of harmful content.
Today, I’m talking with Senator Brian Schatz, of Hawaii. We joke that Decoder is ultimately a show about org charts, but there’s a lot of truth to it. We talked about the separate offices he has to balance against each other, and the concessions he has to make to work within the Senate structure.
We also talked a lot about two of the biggest issues in tech regulation today. One is Europe, which is doing a lot of regulation while the US does almost none. How does a senator think about the U.S. all but abdicating that space? The other is one of the few places the US is trying to take action right now: children’s online safety. Schatz is involved with two pieces of child safety legislation, the Kids Online Safety Act and the Protecting Kids on Social Media Act, that could fundamentally reshape online life for teens and children across the country. But the big stumbling block for passing any laws about content moderation is, of course, the First Amendment.