FOSI Briefs the Hill Privacy and Safety Bills: Feels a Bit Like Déjà Vu

Over the past two years online safety policy has become a top priority throughout state capitals. While many states have embraced their own unique cultures and taken different approaches from each other, it is clear that protecting children online is a bipartisan issue. We started this FOSI Briefs the States event series to highlight these recent policy developments and discuss the important, nuanced, and timely issue that is online safety.

Getting kids back in the classroom this Fall means tackling tech use from many different angles. In the coming months, parents will be contending with how to balance the extra screen time needed for homework, helping kids navigate complex social dynamics online, and striving to teach them what good behavior looks like by example. Additionally, both parents and kids are learning about generative AI in real time, and how these brand new technologies will impact academics and learning as well as everyday life.

On June 27th, FOSI hosted its annual European Forum at the Google Safety Engineering Center in Dublin, Ireland. This event, titled “Regulating and Innovating Online Safety,” featured top representatives across industry, government, academia, and the charity sector as they debated the implications of current and pending global legislation, best practices surrounding AI, digital wellbeing, and more.

Growing up in a society where acceptance of one’s identity isn’t guaranteed can have adverse effects on the mental health of LGBTQ+ youth. Recent research from The Trevor Project found that negative treatment at home and at school, as well as legislation targeting members of the LGBTQ+ community, result in negative impacts on young queer peoples’ mental health. Like most young people, LGBTQ+ teens are increasingly connecting with their community online. In these digital spaces, they can often find the acceptance and affirmation that’s lacking in other areas of their social experience. On Thursday, June 15th, FOSI a webinar discussion centered on the connection between digital life and mental health within the LGBTQ+ community, and the organizations harnessing those connections to create safe spaces online to affirm and empower LGBTQ+ young people. Panelists discussed ways in which parents, educators, and family members can protect and support LGBTQ+ youth both online and offline, and the many resources that are available for youth to access positive and uplifting communities and live as their authentic selves.

Online safety policy has been one of the most bipartisan areas of collaboration recently and jurisdictions are racing to create new regulations that protect their citizens. States across the U.S. are no exception, as the past few years have seen dozens of bills advance through legislatures including the establishment of data privacy rights, new requirements for online content moderation, age restrictions for accessing social media, and age-appropriate design codes. Maryland is one such state, as the 2023 legislative session included the introduction and advancement of the Maryland Age-Appropriate Design Code Act (also known as the Kids Code) and the Social Media Regulation and Safety for Children. The Kids Code, modeled after California’s act that became law last year and the UK’s Age Appropriate Design Code, passed the House of Delegates but did not advance out of the Senate. The Social Media Regulation would require platforms to delete all data on children under 13 or face a fine, and also did not advance this past session.

On February 21 and 22, the Supreme Court heard two cases that have the power to drastically change some of the apps and platforms we use every day. In Gonzalez v. Google and Twitter v. Taamneh, the Justices examined whether or not online platforms can be held liable for decisions made by algorithms and content recommendation systems that are core to the function of their products. Section 230 of the Communications Decency Act of 1996 has provided relative immunity to platforms for decades, saying that online platforms cannot be held liable for content that users write or post on their sites and apps. These two cases will test how far Section 230 protections extend and if justices will differentiate between users’ online posts and platform design features that amplify or minimize the spread of content.

The FOSI 2022 Annual Conference, Trust & Assurance: Online Safety in an Uncertain World took place in-person on Monday, November 14, at the InterContinental Washington D.C. - The Wharf. FOSI convened the best online safety thinkers, practitioners, and experts from around the world for high-level discussions and debates, engaging networking opportunities, and a first-class exhibition of online safety technologies, products and services. Attendees had the chance to explore topics such as content moderation, privacy policies and practices, safety in the metaverse, digital wellbeing, and much more. Video recordings of the plenary sessions are available on the FOSI YouTube channel.

Congress has been quite productive on kids’ digital safety and privacy policy this summer. Senate and House committees advanced the first major reforms to online privacy in decades, and introduced the very first federal bill that focuses specifically on online safety. The Senate Commerce Committee passed the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0), while the House Energy and Commerce Committee passed the American Data Privacy and Protection Act (ADPPA). These are significant developments, but the bills still face some obstacles before becoming law.

On September 7th, the Family Online Safety Institute hosted a webinar on Emotional Intelligence and EdTech: Essentials for 21st Century Classrooms. This panel of experts was moderated by Laura Tierney of The Social Institute, and featured Jimmeka Anderson of the National Association for Media Literacy Education; Richard Culatta of the International Society for Technology in Education; and Amy Koester of the Association of Library Service to Children.

On Thursday, 23rd June, the Family Online Safety Institute hosted the 2022 European Forum - our first in-person event since 2019. Hosted in partnership with event sponsor, Google, with additional sponsorship and support provided by TikTok and Yoti, the event aimed to capture multiple perspectives on the online safety landscape between the US, UK, and Europe.

This Congress has seen a bevy of legislation focused on regulating popular technology products, services, and platforms. Dozens of bills have been introduced regarding antitrust, data privacy, content moderation, and most importantly for this discussion, online safety.

As the digital world expands into new frontiers across virtual and augmented realities, the metaverse, and more, it is imperative that the safety of young people remains paramount. Coming together in online spaces is commonplace for today’s youth as they navigate complex social lives, academics, and growing up in an increasingly virtual world. On March 1st, we welcomed four youth speakers from across the US and EU for a transatlantic dialogue about the challenges and opportunities that technology brings to their lives. As part of their work on Microsoft’s Council for Digital Good, panelists discussed how media literacy, digital citizenship, and personal safety impacts peers in their communities and around the globe. 

On Tuesday, February 15th, the Family Online Safety Institute and Aura, a provider of intelligent safety solutions, convened a panel discussion entitled, “Teen Relationships: The Good, The Bad, & How Parents Can Help in a Digital World.” Stephen Balkam, FOSI’s Founder & CEO moderated the conversation between these leading experts: Dr. David Greenfield of The Center for Internet and Technology Addiction; Erica Olsen of the National Network to End Domestic Violence; Rita Smith of DomesticShelters.org; and Ryan Toohil of Aura.

On November 15th, FOSI hosted its live, virtual 2021 Annual Conference, Recovery & Renewal: Creating a path to a new normal. This year’s event highlighted our most important insights from this past pandemic year, to ensure our new normal includes revamped best practices for ourselves, our families, and our world.

As kids and teens head back to school, families across the country and around the world are facing new challenges for this unusual school year. Students are returning to classrooms in a variety of ways, including online, hybrid, and in person — alongside anxious thoughts, worry, and apprehension.