We can shield kids from adult content and protect free speech. My bill would help | Opinion
From the suggestive to the outright explicit, kids risk exposure to a broad and shocking array of material on the internet, often outside the knowledge of their parents. In recent years, states have searched for solutions that protect kids from these dangers. Many of those proposals rely on age verification if a website or app offers specific types of adult material. Other legislation attempts to limit access to social media for kids under 18, again by requiring that companies manage and enforce age restrictions.
Unfortunately, the courts find themselves struggling to balance our First Amendment rights against the reasonable goal of protecting children. The courts have said that controls at the content level don’t achieve this required balance. However, they have suggested that limiting access at the device level does pass the constitutional test.
That’s why I’ve worked tirelessly over the last two years to draft and refine the Children’s Device Protection Act (CDPA). I recently introduced this legislation. It’s meaningful reform using existing technology that protects kids and constitutional rights.
First, our modern internet devices come with built-in parental controls. You may have come across them yourself when you attempted to manage your kids’ phone use. Meeting the provisions of the CDPA doesn’t require manufacturers to develop or build new devices. It only asks that when these devices are purchased and activated for a minor living in Idaho, the filters for adult content turn on, too. Parents can disable and then reactivate the filter with a password anytime.
Second, this solution balances protecting kids and respecting our First Amendment rights.
Ultimately, most of us agree that parents have the right to manage the content seen by their kids. We already know that managing access at the site or app level creates constitutional barriers. What remains are the devices that provide an individual-by-individual approach managed by a parent. Age determination only happens when the device gets purchased. We have extensive precedent that supports age-based standards for purchasing different items.
Some opponents of the Children’s Device Protection Act argue the opposite. In fact, they’ll go so far as to claim I’m infringing on your constitutional rights. It’s a willful and intentional misreading of the bill for political reasons. The CDPA doesn’t require that the parental controls activate with every new device. If you’re over 18, your experience buying a tablet or smartphone won’t change. If you’re a parent of someone under 18, you’ll benefit from knowing your child’s device will limit access to the worst material on the internet from the start. At any time, you have the freedom to remove that filter.
Ultimately, the Children’s Device Protection Act places control of the internet back in the hands of parents. Could kids figure out the password or a way around the filter? Possibly. But that’s a reality going back to the beginning of time. Kids always look for ways to outsmart the adults in their lives. But with the CDPA, we level the playing field for parents and make it a little easier to help kids make better decisions about what they access on the internet.
The Children’s Device Protection Act moves us closer to a solution that will withstand court scrutiny and reduce the risk to kids. It does so without reducing individual liberty or establishing costly mandates. If you share my goal of protecting our kids from the virtual and real dangers found on the internet, I encourage you to contact your legislators. Ask them to support this bill and to stand up for Idaho’s kids.
Sen. Kevin Cook is a Republican representing District 32 (Bonneville County) in the Idaho Senate. He also serves as chairman of the Commerce and Human Resources Committee.
