online child safety

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Surgeon general’s proposed social media warning label for kids could hurt kids

Surgeon general’s proposed social media warning label for kids could hurt kids

US Surgeon General Vivek Murthy wants to put a warning label on social media platforms, alerting young users of potential mental health harms.

“It is time to require a surgeon general’s warning label on social media platforms stating that social media is associated with significant mental health harms for adolescents,” Murthy wrote in a New York Times op-ed published Monday.

Murthy argued that a warning label is urgently needed because the “mental health crisis among young people is an emergency,” and adolescents overusing social media can increase risks of anxiety and depression and negatively impact body image.

Spiking mental health issues for young people began long before the surgeon general declared a youth behavioral health crisis during the pandemic, an April report from a New York nonprofit called the United Health Fund found. Between 2010 and 2022, “adolescents ages 12–17 have experienced the highest year-over-year increase in having a major depressive episode,” the report said. By 2022, 6.7 million adolescents in the US were reporting “suffering from one or more behavioral health condition.”

However, mental health experts have maintained that the science is divided, showing that kids can also benefit from social media depending on how they use it. Murthy’s warning label seems to ignore that tension, prioritizing raising awareness of potential harms even though parents potentially restricting online access due to the proposed label could end up harming some kids. The label also would seemingly fail to acknowledge known risks to young adults, whose brains continue developing after the age of 18.

To create the proposed warning label, Murthy is seeking better data from social media companies that have not always been transparent about studying or publicizing alleged harms to kids on their platforms. Last year, a Meta whistleblower, Arturo Bejar, testified to a US Senate subcommittee that Meta overlooks obvious reforms and “continues to publicly misrepresent the level and frequency of harm that users, especially children, experience” on its platforms Facebook and Instagram.

According to Murthy, the US is past the point of accepting promises from social media companies to make their platforms safer. “We need proof,” Murthy wrote.

“Companies must be required to share all of their data on health effects with independent scientists and the public—currently they do not—and allow independent safety audits,” Murthy wrote, arguing that parents need “assurance that trusted experts have investigated and ensured that these platforms are safe for our kids.”

“A surgeon general’s warning label, which requires congressional action, would regularly remind parents and adolescents that social media has not been proved safe,” Murthy wrote.

Kids need safer platforms, not a warning label

Leaving parents to police kids’ use of platforms is unacceptable, Murthy said, because their efforts are “pitted against some of the best product engineers and most well-resourced companies in the world.”

That is nearly an impossible battle for parents, Murthy argued. If platforms are allowed to ignore harms to kids while pursuing financial gains by developing features that are laser-focused on maximizing young users’ online engagement, platforms will “likely” perpetuate the cycle of problematic use that Murthy described in his op-ed, the American Psychological Association (APA) warned this year.

Downplayed in Murthy’s op-ed, however, is the fact that social media use is not universally harmful to kids and can be beneficial to some, especially children in marginalized groups. Monitoring this tension remains a focal point of the APA’s most recent guidance, which noted that in April 2024 that “society continues to wrestle with ways to maximize the benefits of these platforms while protecting youth from the potential harms associated with them.”

“Psychological science continues to reveal benefits from social media use, as well as risks and opportunities that certain content, features, and functions present to young social media users,” APA reported.

According to the APA, platforms urgently need to enact responsible safety standards that diminish risks without restricting kids’ access to beneficial social media use.

“By early 2024, few meaningful changes to social media platforms had been enacted by industry, and no federal policies had been adopted,” the APA report said. “There remains a need for social media companies to make fundamental changes to their platforms.”

The APA has recommended a range of platform reforms, including limiting infinite scroll, imposing time limits on young users, reducing kids’ push notifications, and adding protections to shield kids from malicious actors.

Bejar agreed with the APA that platforms owe it to parents to make meaningful reforms. His ideal future would see platforms gathering more granular feedback from young users to expose harms and confront them faster. He provided senators with recommendations that platforms could use to “radically improve the experience of our children on social media” without “eliminating the joy and value they otherwise get from using such services” and without “significantly” affecting profits.

Bejar’s reforms included platforms providing young users with open-ended ways to report harassment, abuse, and harmful content that allow users to explain exactly why a contact or content was unwanted—rather than platforms limiting feedback to certain categories they want to track. This could help ensure that companies that strategically limit language in reporting categories don’t obscure the harms and also provide platforms with more information to improve services, Bejar suggested.

By improving feedback mechanisms, Bejar said, platforms could more easily adjust kids’ feeds to stop recommending unwanted content. The APA’s report agreed that this was an obvious area for platform improvement, finding that “the absence of clear and transparent processes for addressing reports of harmful content makes it harder for youth to feel protected or able to get help in the face of harmful content.”

Ultimately, the APA, Bejar, and Murthy all seem to agree that it is important to bring in outside experts to help platforms come up with better solutions, especially as technology advances. The APA warned that “AI-recommended content has the potential to be especially influential and hard to resist” for some of the youngest users online (ages 10–13).

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AI trained on photos from kids’ entire childhood without their consent

AI trained on photos from kids’ entire childhood without their consent

Photos of Brazilian kids—sometimes spanning their entire childhood—have been used without their consent to power AI tools, including popular image generators like Stable Diffusion, Human Rights Watch (HRW) warned on Monday.

This act poses urgent privacy risks to kids and seems to increase risks of non-consensual AI-generated images bearing their likenesses, HRW’s report said.

An HRW researcher, Hye Jung Han, helped expose the problem. She analyzed “less than 0.0001 percent” of LAION-5B, a dataset built from Common Crawl snapshots of the public web. The dataset does not contain the actual photos but includes image-text pairs derived from 5.85 billion images and captions posted online since 2008.

Among those images linked in the dataset, Han found 170 photos of children from at least 10 Brazilian states. These were mostly family photos uploaded to personal and parenting blogs most Internet surfers wouldn’t easily stumble upon, “as well as stills from YouTube videos with small view counts, seemingly uploaded to be shared with family and friends,” Wired reported.

LAION, the German nonprofit that created the dataset, has worked with HRW to remove the links to the children’s images in the dataset.

That may not completely resolve the problem, though. HRW’s report warned that the removed links are “likely to be a significant undercount of the total amount of children’s personal data that exists in LAION-5B.” Han told Wired that she fears that the dataset may still be referencing personal photos of kids “from all over the world.”

Removing the links also does not remove the images from the public web, where they can still be referenced and used in other AI datasets, particularly those relying on Common Crawl, LAION’s spokesperson, Nate Tyler, told Ars.

“This is a larger and very concerning issue, and as a nonprofit, volunteer organization, we will do our part to help,” Tyler told Ars.

Han told Ars that “Common Crawl should stop scraping children’s personal data, given the privacy risks involved and the potential for new forms of misuse.”

According to HRW’s analysis, many of the Brazilian children’s identities were “easily traceable,” due to children’s names and locations being included in image captions that were processed when building the LAION dataset.

And at a time when middle and high school-aged students are at greater risk of being targeted by bullies or bad actors turning “innocuous photos” into explicit imagery, it’s possible that AI tools may be better equipped to generate AI clones of kids whose images are referenced in AI datasets, HRW suggested.

“The photos reviewed span the entirety of childhood,” HRW’s report said. “They capture intimate moments of babies being born into the gloved hands of doctors, young children blowing out candles on their birthday cake or dancing in their underwear at home, students giving a presentation at school, and teenagers posing for photos at their high school’s carnival.”

There is less risk that the Brazilian kids’ photos are currently powering AI tools since “all publicly available versions of LAION-5B were taken down” in December, Tyler told Ars. That decision came out of an “abundance of caution” after a Stanford University report “found links in the dataset pointing to illegal content on the public web,” Tyler said, including 3,226 suspected instances of child sexual abuse material.

Han told Ars that “the version of the dataset that we examined pre-dates LAION’s temporary removal of its dataset in December 2023.” The dataset will not be available again until LAION determines that all flagged illegal content has been removed.

“LAION is currently working with the Internet Watch Foundation, the Canadian Centre for Child Protection, Stanford, and Human Rights Watch to remove all known references to illegal content from LAION-5B,” Tyler told Ars. “We are grateful for their support and hope to republish a revised LAION-5B soon.”

In Brazil, “at least 85 girls” have reported classmates harassing them by using AI tools to “create sexually explicit deepfakes of the girls based on photos taken from their social media profiles,” HRW reported. Once these explicit deepfakes are posted online, they can inflict “lasting harm,” HRW warned, potentially remaining online for their entire lives.

“Children should not have to live in fear that their photos might be stolen and weaponized against them,” Han said. “The government should urgently adopt policies to protect children’s data from AI-fueled misuse.”

Ars could not immediately reach Stable Diffusion maker Stability AI for comment.

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Florida braces for lawsuits over law banning kids from social media

Florida braces for lawsuits over law banning kids from social media

On Monday, Florida became the first state to ban kids under 14 from social media without parental permission. It appears likely that the law—considered one of the most restrictive in the US—will face significant legal challenges, however, before taking effect on January 1.

Under HB 3, apps like Instagram, Snapchat, or TikTok would need to verify the ages of users, then delete any accounts for users under 14 when parental consent is not granted. Companies that “knowingly or recklessly” fail to block underage users risk fines of up to $10,000 in damages to anyone suing on behalf of child users. They could also be liable for up to $50,000 per violation in civil penalties.

In a statement, Florida governor Ron DeSantis said the “landmark law” gives “parents a greater ability to protect their children” from a variety of social media harm. Florida House Speaker Paul Renner, who spearheaded the law, explained some of that harm, saying that passing HB 3 was critical because “the Internet has become a dark alley for our children where predators target them and dangerous social media leads to higher rates of depression, self-harm, and even suicide.”

But tech groups critical of the law have suggested that they are already considering suing to block it from taking effect.

In a statement provided to Ars, a nonprofit opposing the law, the Computer & Communications Industry Association (CCIA) said that while CCIA “supports enhanced privacy protections for younger users online,” it is concerned that “any commercially available age verification method that may be used by a covered platform carries serious privacy and security concerns for users while also infringing upon their First Amendment protections to speak anonymously.”

“This law could create substantial obstacles for young people seeking access to online information, a right afforded to all Americans regardless of age,” Khara Boender, CCIA’s state policy director, warned. “It’s foreseeable that this legislation may face legal opposition similar to challenges seen in other states.”

Carl Szabo, vice president and general counsel for Netchoice—a trade association with members including Meta, TikTok, and Snap—went even further, warning that Florida’s “unconstitutional law will protect exactly zero Floridians.”

Szabo suggested that there are “better ways to keep Floridians, their families, and their data safe and secure online without violating their freedoms.” Democratic state house representative Anna Eskamani opposed the bill, arguing that “instead of banning social media access, it would be better to ensure improved parental oversight tools, improved access to data to stop bad actors, alongside major investments in Florida’s mental health systems and programs.”

Netchoice expressed “disappointment” that DeSantis agreed to sign a law requiring an “ID for the Internet” after “his staunch opposition to this idea both on the campaign trail” and when vetoing a prior version of the bill.

“HB 3 in effect will impose an ‘ID for the Internet’ on any Floridian who wants to use an online service—no matter their age,” Szabo said, warning of invasive data collection needed to verify that a user is under 14 or a parent or guardian of a child under 14.

“This level of data collection will put Floridians’ privacy and security at risk, and it violates their constitutional rights,” Szabo said, noting that in court rulings in Arkansas, California, and Ohio over similar laws, “each of the judges noted the similar laws’ constitutional and privacy problems.”

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EU accuses TikTok of failing to stop kids pretending to be adults

Getting TikTok’s priorities straight —

TikTok becomes the second platform suspected of Digital Services Act breaches.

EU accuses TikTok of failing to stop kids pretending to be adults

The European Commission (EC) is concerned that TikTok isn’t doing enough to protect kids, alleging that the short-video app may be sending kids down rabbit holes of harmful content while making it easy for kids to pretend to be adults and avoid the protective content filters that do exist.

The allegations came Monday when the EC announced a formal investigation into how TikTok may be breaching the Digital Services Act (DSA) “in areas linked to the protection of minors, advertising transparency, data access for researchers, as well as the risk management of addictive design and harmful content.”

“We must spare no effort to protect our children,” Thierry Breton, European Commissioner for Internal Market, said in the press release, reiterating that the “protection of minors is a top enforcement priority for the DSA.”

This makes TikTok the second platform investigated for possible DSA breaches after X (aka Twitter) came under fire last December. Both are being scrutinized after submitting transparency reports in September that the EC said failed to satisfy the DSA’s strict standards on predictable things like not providing enough advertising transparency or data access for researchers.

But while X is additionally being investigated over alleged dark patterns and disinformation—following accusations last October that X wasn’t stopping the spread of Israel/Hamas disinformation—it’s TikTok’s young user base that appears to be the focus of the EC’s probe into its platform.

“As a platform that reaches millions of children and teenagers, TikTok must fully comply with the DSA and has a particular role to play in the protection of minors online,” Breton said. “We are launching this formal infringement proceeding today to ensure that proportionate action is taken to protect the physical and emotional well-being of young Europeans.”

Likely over the coming months, the EC will request more information from TikTok, picking apart its DSA transparency report. The probe could require interviews with TikTok staff or inspections of TikTok’s offices.

Upon concluding its investigation, the EC could require TikTok to take interim measures to fix any issues that are flagged. The Commission could also make a decision regarding non-compliance, potentially subjecting TikTok to fines of up to 6 percent of its global turnover.

An EC press officer, Thomas Regnier, told Ars that the Commission suspected that TikTok “has not diligently conducted” risk assessments to properly maintain mitigation efforts protecting “the physical and mental well-being of their users, and the rights of the child.”

In particular, its algorithm may risk “stimulating addictive behavior,” and its recommender systems “might drag its users, in particular minors and vulnerable users, into a so-called ‘rabbit hole’ of repetitive harmful content,” Regnier told Ars. Further, TikTok’s age verification system may be subpar, with the EU alleging that TikTok perhaps “failed to diligently assess the risk of 13-17-year-olds pretending to be adults when accessing TikTok,” Regnier said.

To better protect TikTok’s young users, the EU’s investigation could force TikTok to update its age-verification system and overhaul its default privacy, safety, and security settings for minors.

“In particular, the Commission suspects that the default settings of TikTok’s recommender systems do not ensure a high level of privacy, security, and safety of minors,” Regnier said. “The Commission also suspects that the default privacy settings that TikTok has for 16-17-year-olds are not the highest by default, which would not be compliant with the DSA, and that push notifications are, by default, not switched off for minors, which could negatively impact children’s safety.”

TikTok could avoid steep fines by committing to remedies recommended by the EC at the conclusion of its investigation.

Regnier told Ars that the EC does not comment on ongoing investigations, but its probe into X has spanned three months so far. Because the DSA does not provide any deadlines that may speed up these kinds of enforcement proceedings, ultimately, the duration of both investigations will depend on how much “the company concerned cooperates,” the EU’s press release said.

A TikTok spokesperson told Ars that TikTok “would continue to work with experts and the industry to keep young people on its platform safe,” confirming that the company “looked forward to explaining this work in detail to the European Commission.”

“TikTok has pioneered features and settings to protect teens and keep under-13s off the platform, issues the whole industry is grappling with,” TikTok’s spokesperson said.

All online platforms are now required to comply with the DSA, but enforcement on TikTok began near the end of July 2023. A TikTok press release last August promised that the platform would be “embracing” the DSA. But in its transparency report, submitted the next month, TikTok acknowledged that the report only covered “one month of metrics” and may not satisfy DSA standards.

“We still have more work to do,” TikTok’s report said, promising that “we are working hard to address these points ahead of our next DSA transparency report.”

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