New Virginia teen safety law sparks privacy debate and fresh legal challenges

• New social media rules came into effect in Virginia on January 1st
• Platforms must limit data collection and restrict screen time for under-18s
• NetChoice is challenging the law on privacy and free speech grounds

An amendment to the Virginia Consumer Data Protection Act (VCDPA) has officially come into effect on January 1st. It mandates social media platforms to implement stricter protections for minors, including limitations on screen time and data collection.

Digital service providers are now prohibited from processing the personal data of a known minor for the purposes of targeted advertising or selling that data without clear parental consent.

The law also targets "addictive" feed mechanics, requiring platforms to disable features that encourage infinite scrolling and to implement tools that limit the duration of use for minors.

While the goal is to break the cycle of social media addiction, privacy experts warn that the technical requirements to enforce these rules effectively mandate identity checks for everyone, driving privacy-conscious users to seek out the best VPN services to protect their digital footprint.

The legislation, signed into law last year, is part of a growing nationwide age verification trend where states are stepping in to regulate the relationship between Big Tech and younger users.

This isn't Virginia’s first foray into digital age-gating either. The state previously enacted strict age-verification requirements for adult-only websites, a move that historically correlates with a spike in VPN usage as users attempt to bypass intrusive ID uploads.

However, this latest expansion into general social media covers a much broader demographic and array of apps, raising the stakes for data privacy.

What the new law changes for teens

The core of the amendment is an update to the VCDPA that specifically addresses "known minors." As reported by Biometric Update, the law requires controllers (social media platforms) to prioritize the safety of younger users.

Practically, this means platforms operating in Virginia must now default to the highest privacy settings for minors. They are forbidden from profiling a minor for advertising purposes or using precise geolocation data without explicit consent.

Furthermore, the law introduces a "time limit" approach. Platforms are expected to limit the hours a minor can spend on the app, or at the very least, remove the algorithmic design choices, like autoplay videos and gamified engagement rewards, that lead to excessive screen time.

While parents may welcome the control, the implementation remains complex. To distinguish a "known minor" from an adult, platforms generally have to increase the invasiveness of their age assurance methods.

This often involves estimating age through biometric analysis or requiring government ID uploads, measures that privacy advocates argue create massive new databases of sensitive information vulnerable to hacks.

NetChoice lawsuit and privacy concerns

The enactment of the law has not gone unchallenged. NetChoice, a trade association representing major tech companies including Google and Meta, has been vocal in its opposition, arguing that such laws violate the First Amendment and compromise user security.

The organization filed a lawsuit in November, akin to its previous legal battles across the US. The central argument is that by forcing platforms to verify the age of every user to filter out minors, the state is effectively ending anonymous web browsing.

Security experts have long warned that "age verification" is often a synonym for "identity verification," which creates a honeypot of data for cybercriminals.

We have seen federal judges side with these concerns in the recent past, with courts even blocking similar legislation in other states. As we reported, a federal judge blocked Louisiana's social media age verification law on constitutional grounds. Similarly, courts found an Arkansas social media safety law unconstitutional, citing the undue burden it placed on free speech and privacy.

Despite the pending litigation, the Virginia law is now active. For the moment, social media giants must navigate compliance or risk hefty fines, while residents of Virginia may find themselves asked to prove who they are just to scroll through their feeds.

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