Protecting children from Big Tech requires parents, courts and new legislation

For years, America has treated the Internet as a free speech “Wild West,” thinking that the online world should operate almost without surveillance. Because of this, our nation has labored under two dangerous assumptions about Big Tech: that platforms should be free to publish almost anything without accountability, and that tech companies should be allowed to design their platforms however they want because “users can always leave.”

Courts, parents and state legislatures are now rejecting both views in real time.

We are facing the consequences of using a hands off philosophy in the digital world. As Jonathan Haidt writes in his book, “Anxious Generation,” rates of anxiety, depression, self-harm, loneliness and suicide among young people, especially girls, rose after smartphones and social media became dominant around 2012.

Teenage girls’ rate of major depressive episodes nearly doubled over the next decade, while emergency room visits for self-harm increased. Parents have been closely monitoring their children’s physical condition, but not their digital activity.

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The result is what Haidt describes as children who are “overprotected in the real world and underprotected online,” with little autonomy offline but unlimited exposure to things like pornography, sex offenders, comparisons and the like.

But the American way of looking at Big Tech didn’t stop with online content. We also embrace the idea that if consumers don’t like how a product works, they should just get another one. Don’t like the way the platform works? Go away. Don’t like shadow blocking or tricky algorithms? Use a different app. But courts and judges across the country are increasingly showing that those views are incomplete.

Earlier this year, a California judge ordered Meta and YouTube to pay $3 million to a family for damages caused by their addictive platforms. A judge in New Mexico also ordered Meta to pay $375 million in civil penalties for misleading and endangering new users. A few days ago, Meta settled a major lawsuit with a Kentucky school district over addiction and mental health concerns. In our country, Attorney General Marty Jackley joined the fight against Big Tech, arguing that Meta “needs to be held accountable for its actions.”

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These legal disputes show a clear result: private companies have no free-market excuse to build and sell whatever they want. The Internet is not a free-for-all where free speech is the only value and consent is the only requirement.

So, what exactly can we do to participate in Big Tech and protect the next generation?

We as parents need to look closely at what we give our children access to. In “The Tech Exit,” author Clare Morrell provides examples of the harmful effects of screen time, and offers practical advice on how families can try a 30-day “digital fast.”

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His advice comes as a useful guide for parents who have read “Anxious Generation,” and want to create a better childhood for their children. Things like delaying smartphones until children are older, putting strong safeguards in place and creating healthy boundaries around technology use can go a long way.

While the primary responsibility for early childhood education falls on families, state and federal governments also have a role to play. It’s not the responsibility of individual families to make sure that billionaire tech companies follow the law, that’s where the government comes in.

But the American way of looking at Big Tech didn’t stop with online content. We also embrace the idea that if consumers don’t like how a product works, they should just get another one.

Lawmakers should develop protections such as the App Store Accountability Act (ASAA). The idea is simple: technology companies should not enter into legal agreements directly with children.

The law would require app stores to verify age, make sure companies contract with parents instead of kids, and require reliable age ratings so families know exactly what kids are downloading. It will also strengthen enforcement of COPPA, a federal law that prohibits companies from collecting personal data of children under 13 without parental consent and is already supported by more than 170 family advocacy organizations across the country.

In addition, Congress should pass legislation like the Kids Online Safety Act (KOSA), sponsored by Tennessee Republican Sen. Marsha Blackburn and South Dakota Major John Thune. The law will take a big step forward in protecting young people’s eyes online by implementing several important safeguards.

Mandatory default settings will automatically enable protections rather than requiring parents to find and enable them themselves. The law will also include anti-addiction measures, allowing parents to disable deceptive design features and algorithms.

Also, KOSA will provide a more streamlined process for identifying and reporting harmful content. Ultimately, sex chatbots should be included in these important conversations as well.

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Protection like this should be considered in the new digital age, but we must not forget the aphorism of centuries ago: “the government that is closest to the people serves the people the best.”

Congress was ready to debunk this idea during the recent intelligence war, when federal action was being considered. Thankfully, the moratorium has been rejected and districts are still able to act.

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As debates over legislative action continue, Congress should fend off any Big Tech efforts to include a similar stop. The federal government can take decisive action while allowing state legislatures to create customized policies for their states.

Taking steps like this is the best way to protect our children from the exploits of Big Tech and empower parents to build the childhoods full of real-world connections that children deserve.