Regulating the Scroll: How Lawmakers Are Redefining Social Media for Minors

In today’s digital world, the question is no longer if minors use social media but how they use it. 

Social media platforms don’t just host young users, they shape their experiences through algorithmic feeds and “addictive” design features that keep kids scrolling long after bedtime. As the mental health toll becomes increasingly clear, lawmakers are stepping in to limit how much control these platforms have over young minds.

What is an “addictive” feed and why target it? 

Algorithms don’t just show content, they promote it. By tracking what users click, watch, or like, these feeds are designed to keep attention flowing. For minors, that means endless scrolling and constant engagement which typically is at the expense of sleep, focus, and self-esteem.

Under New York’s Stop Addictive Feeds Exploitation (SAFE) for Kids Act, lawmakers found that:

 “social media companies have created feeds designed to keep minors scrolling for dangerously long periods of time.”

The Act defines an “addictive feed” as one that recommends or prioritizes content based on data linked to the user or their device.

The harms aren’t hypothetical. Studies link heavy social media use among teens with higher rates of depression, anxiety, and sleep disruption. Platforms often push notifications late at night or during school hours. Times when young users are most vulnerable. 

Features like autoplay, for you page, endless “you may also like” suggestions, and quick likes or comments can trap kids in an endless scroll. What begins as fun and harmless entertainment soon becomes a routine they struggle to escape.                              

 

Key Developments in Legislation 

It’s no surprise that minors exposure to social media algorithms sits at the center of today’s policy debates. Over the past two years, state and federal lawmakers have introduced laws seeking to rein in the “addictive” design features of online platforms. While many of these measures face ongoing rule making or constitutional challenges, together they signal a national shift toward stronger regulations of social media’s impact on youth. 

Let’s take a closer look at some of the major legal developments shaping this issue.

New York’s SAFE for Kids Act

New York’s Stop Addictive Feeds Exploitation (SAFE) for Kids Act represents one of the nation’s most ambitious efforts to regulate algorithmic feeds. The law prohibits platforms from providing “addictive feeds” to users under 18 unless the platform obtains verifiable parental consent or reasonably determines that the user is not a minor. It also bans push notifications and advertisements tied to those feeds between 12 a.m. and 6 a.m. unless parents explicitly consent. The rule making process remains ongoing, and enforcement will likely begin once these standards are finalized.

The Kids Off Social Media Act (KOSMA)

At the federal level, the Kids Off Social Media Act (KOSMA) seeks to create national baselines for youth protections online. Reintroduced to Congress, the bill would:

  • Ban social media accounts for children under 13.
  • Prohibit algorithmic recommendation systems for users under 17.
  • Restrict social media access in schools during instructional hours.

Supporters argue the bill is necessary to counteract the addictive nature of social media design. Critics, including digital rights advocates, question whether such sweeping restrictions could survive First Amendment scrutiny or prove enforceable at scale. 

KOSMA remains pending in Congress but continues to shape the national conversation about youth and online safety.

California’s SB 976 

California’s Protecting Our Kids from Social Media Addiction Act (SB 976) reflects a growing trend of regulating design features rather than content. The law requires platforms to:

  • Obtain parental consent before delivering addictive feeds to minors.
  • Mute notifications for minors between midnight and 6 a.m. and during school hours unless parents opt in.

The statute is currently under legal challenge for potential First Amendment violations, however, the Ninth Circuit allowed enforcement of key provisions to proceed suggesting that narrowly tailored design regulations aimed at protecting minors may survive early constitutional scrutiny.

Other State Efforts

Other states are following suit. According to the National Conference of State Legislatures (NCSL), at least 13 states have passed or proposed laws requiring age verification, parental consent, or restrictions on algorithmic recommendations for minors. Mississippi’s HB 1126, for example, requires both age verification and parental consent, and the U.S. Supreme Court allowed the law to remain in effect while litigation continues. 

Final Thoughts

We are at a pivotal moment. The era when children’s digital consumption went largely unregulated is coming to an end. The question now isn’t if  regulation is on the horizon, it’s how it will take shape, and whether it can strike the right balance between safety, free expression, and innovation.

As lawmakers, parents, and platforms navigate this evolving landscape, one challenge remains constant: ensuring that efforts to protect minors from harmful algorithmic design do not come at the expense of their ability to connect, learn, and express themselves online.

What do you think is the right balance between protecting minors from harmful algorithmic exposure and preserving their access to social media as a space for connection and expression?

From Cute to Concerning: The Legal and Emotional Costs of Sharenting

After a long day at work, most people now sit down for a nice relaxing…scroll. That’s right, most people have social media and enjoy going through the latest posts to wind down or pass the time. Whether it’s on Instagram, Facebook, or TikTok someone is looking at a post made by a parent displaying their child doing something adorable, funny, documenting a family trip or marking a milestone like the first day of school. What seems like an innocent post, can be something much darker.

What is Sharenting

As social media gained traction in recent years, so did sharenting. Sharenting is  when

a parent overshares or excessively posts information, pictures stories or updates about their child’s life.

A proud parent could post the smiling face of their child at a sporting event on their private account thinking only family and friends will see it. Some parents even post daily vlogs involving their children making money on filming their day to day with strangers. Most parents engage in sharenting to share details of their child because they are proud of them. Some want to build a digital archive, or want to connect with loved ones. Others are even trying to build camaraderie with other parents, and they could even be trying to help others. Most parents do this with the purest motives in mind; however, their content is not always received as it is intended.

The Risks of Sharenting

Legal Risks

As established in Troxel v. Grainville, parents have a fundamental right to raise their children as they see fit. This includes education, religion, and even social media. Parents have a First Amendment right to speech just as much as a child does when it comes to posting online. Parents are protected in their posting videos and pictures of their children under the First Amendment; however, this right is not unlimited. These restrictions apply in certain circumstances such as child explosion laws, or other compelling state interests.

Children also have a right to privacy that conflicts with their parents First Amendment right of speech and expression in the context of posting them online.  Under the Children’s Online Privacy Protection Act (COPPA), significant protections for children’s online privacy were established. COPPA imposes certain requirements on operators of websites or online services directed

to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.

COPPA, however, only targets protecting children’s data not the actual child from the risks of being online.

Psychological Risks

 In addition to the legal risks of sharenting, there are also many psychological risks. What happens when a parent posts that one picture that comes back to haunt their child later on. These videos and images can be used by other students to bully the child down the road. Children can have a harder time developing their own image and identity when they are prescribed an online persona by their parents through their posts.

Even with pure motives, a survey of parents discussed by Dr. Albers of the Cleveland Health Clinic found that:

74% of parents using social media knew another parent engaging in sharenting behavior.

56% said the parents shared embarrassing information about their kid.

51% said the parent provided details that revealed their child’s location.

27% said the parent circulated inappropriate phots.

The impact that these posts that, once are made are always out there, can be detrimental to a child’s mental health. Social media, according to the Mayo Clinic, already amplifies adolescents’ anxiety and depression. Parents can add to this by sharenting.

Other Risks

These seemingly innocent posts can often lead to greater risks,  for their children than most parents realize. In addition to negative psychological impacts, sharenting can endanger the child’s mental health as well as their physical health. Sharenting is a window directly into a child’s life, one which a predator can abuse. Images can be taken from their parents accounts and shared to sites for pedophiles.

The taking of these images can also enable identity theft, harassment, bullying, exploitation and even violence.

Parents who have gotten famous from posting their kids like the Labrant Family and The Fisher’s have increased their kids risk of being subject to one of these crimes by constantly posting them online.

Sharenting can blur the line between a fun posts and advertising your child to strangers.  In extreme situations creating dangerous environments for internet famous children.

Parents are also contributing to their child’s digital identity which could impact their future educational and employment prospects. It could also lead to embarrassment that the content was shared, and they cannot get rid of it.

How Can Parents Protect their Kids

As social media continues to grow and be a part of our daily lives, parents can take action to protect their children going forward. One way parents can do this is by blurring or covering their child’s face with an emoji. Parents can still have the excitement of posting their child’s achievements or milestones without exposing their identity to the internet.

Parents can think before they post.

If you’re trying to decide whether a post counts as sharenting, ask yourself these questions:

What’s the content?

Why am I posting it?

Who’s my intended audience? Have I set my permissions accordingly?

Is my child old enough to understand the concept of a digital footprint? If they are, did I ask their consent? If not, do I think they’d be happy to see this online when they’re older?

Sharenting is not going to stop, but it can evolve to be done in a way that protects a parent’s right to post and their child’s safety.

 

AI in the Legal Field

What is AI? 

Photo Source

AI, or Artificial Intelligence, refers to a set of technologies that enables computers to simulate human intelligence and perform tasks that typically require human cognition. Examples of AI applications include ChatGPT, Harvey.AI, and Google Gemini. These systems are designed to think and learn like humans, continually improving as users interact with them. They are trained through algorithms of data to improve their performance, which allows them to enhance their performance over time without being explicitly programmed for every task. Unlike Google, which provides search results based on web queries, ChatGPT generates human-like answers to prompts through the process by which computers learn from examples.

Cost-Benefit Analysis of AI in the Legal Field 

Photo Source

The primary areas where AI is being applied in the legal field include; reviewing documents for discovery, which is generally referred to as technology-assisted review (TAR), legal research through automated searches of case law and statutes, contract and legal document analysis, proofreading, and document organization.  

One of the main reasons AI is used in the legal field is because it saves time. By having AI conduct routine tasks, such as proofreading, AI frees up attorneys’ time to focus on more complex tasks. This increased efficiency may also enable law firms to reduce their staff headcount and save money. For example, without AI, proofreading a document can take hours, but with AI, it can be completed in less than a minute, identifying and correcting errors instantly. As they say, “time is money.” AI is also valuable because it produces high-quality work. Since AI doesn’t get tired or become distracted, it can deliver flawless, error-free, and enhanced results. Tasks like document review, proofreading, and legal research can be tedious, but AI handles the initial “heavy lifting,” reducing stress and frustration for attorneys. As one saying goes, “No one said attorneys had to do everything themselves!  

While AI has the potential to save law firms money, I do not think the promised cost reduction always materialized in the way that one may anticipate. It may not be worth it for a law firm to use AI because the initial investment in AI technology can be substantial. The cost can range from $5,000 for simple models to over $500,000 for complex models. After law firms purchase the AI system, they then have to train their staff to use it effectively and upgrade the software regularly. “These costs can be substantial and may take time to recoup.” Law firms might consider doing a cost-benefit analysis before determining if using AI is the right decision for them.

Problems With AI in the Legal Field 

One issue with AI applications is that they can perform tasks, such as writing and problem-solving, in ways that closely mimic human work. This makes it difficult for others to determine whether the work was created by AI or a human. For example, drafting documents now requires less human input because AI can generate these documents automatically. This raises concerns about trust and reliability, as myself and others may prefer to have a human complete the work rather than relying on AI, due to skepticism about AI’s accuracy and dependability. 

A major concern with the shift towards AI use is the potential spread of misinformation. Lawyers who rely on AI to draft documents without thoroughly reviewing what is produced may unknowingly present “hallucinations” which are made-up or inaccurate information. This can potentially lead to serious legal errors. Another critical issue is the risk of confidential client information being compromised. When lawyers put sensitive client data into AI systems to generate legal documents, they are potentially handing that data over to large technology companies. These companies usually prioritize their commercial interests, and without proper regulation, they could misuse client data for profit, potentially compromising client confidentiality, enabling fraud, and threatening the integrity of the judicial system.

A Case Where Lawyers Misused ChatGPT in Court 

As a law student who hopes to become a lawyer one day, it is concerning to see lawyers facing consequences for using AI. However, it is also understandable that if a lawyer does not use AI carefully, they will get sanctioned. Two of the first lawyers to use AI in court and encounter “hallucinations” were Steven Schwartz and Peter LoDuca. The lawyers were representing a client in a personal injury lawsuit against an airline company. Schwartz used ChatGPT to help prepare a filing, allegedly unaware that the AI had fabricated several case citations. Specifically, AI cited at least six cases, including Varghese v. China Southern Airlines and Shaboon v. Egypt Air, the court found these cases didn’t exist. The court said these cases had “bogus judicial decisions with bogus quotes and bogus internal citations.” As a result, both attorneys were each fined $5,000. Judge P. Kevin Castel said he might not have punished the attorneys if they had come “clean” about using ChatGPT to find the purported cases the AI cited.

AI Limitations in Court

Photo Source

As of February 2024, about 2% of the more than 1,600 United States District and Magistrate judges have issued 23 standing orders addressing the use of AI. These standing orders mainly block or put guidelines on using AI due to concerns about technology accuracy issues. Some legal scholars have raised concerns that these orders might discourage attorneys and self-represented litigants from using AI tools. I think instead of completely banning the use of AI, one possible approach could be requiring attorneys to disclose to the court when they use AI for their work. For example, U.S. District Judge Leslie E. Kobayashi of Hawaii wrote in her order, “The court directs that any party, whether appearing pro se or through counsel, who utilizes any generative artificial intelligence (AI) tool in the preparation of any documents to be filed with the court, must disclose in the document that AI was used and the specific AI tool that was used. The unrepresented party or attorney must further certify in the document that the person has checked the accuracy of any portion of the document drafted by generative AI, including all citations and legal authority.” 

Ethicality of AI 

Judicial officers include judges, magistrates, and candidates for judicial office. Under the Model Code of Judicial Conduct (MCJC) Rule 2.5, judicial officers have a responsibility to maintain competence and stay up to date with technology.  Similarly, the Model Rules of Professional Conduct (MRPC) Rule 1.1 states that lawyers must provide competent representation to their clients which includes having technical competence.  

The National Counterintelligence and Security Center (NCSC) emphasizes that both judicial officers and lawyers must have a basic understanding of AI and be aware of the risks associated with using AI for research and document drafting. Furthermore, judicial officers must uphold their duty of confidentiality. This means they should be cautious when they or their staff are entering sensitive or confidential information into AI systems for legal research or document preparation, ensuring that the information is not being retained or misused by the AI platform. I was surprised to find out that while the National Cyber Security Center provides these guidelines, they are not legally binding, but are strongly recommended. 

Members of the legal field should also be aware that there may be additional state-specific rules and obligations depending on the state where they practice. For instance, in April 2024, the New York State Bar Association established a Task Force on AI and issued a Report and Recommendations. The New York guidance notes that “attorneys [have a duty] to understand the benefits, not just the risks, of AI in providing competent and ethical legal representation and allows the use of AI tools to be considered in the reasonableness of attorney fees.” In New Jersey, “although lawyers do not have to tell a client every time they use AI, they may have an obligation to disclose the use of AI if the client cannot make an informed decision without knowing.” I think lawyers and judicial officers should be aware of their state’s rules for AI and make sure they are not blindly using it. 

Disclosing the Use of AI 

Some clients have explicitly requested that their lawyers refrain from using AI tools in their legal representation. However, for the clients who do not express their wishes, lawyers wrestle with the question of whether they should inform their clients that they use AI in their case matters. While there is no clear answer, some lawyers have decided to discuss with their clients that they wish to use AI and before doing so obtain consent, which seems like a good idea.  

Photo Source

Rule 1.4(2) of the American Bar Association (ABA) Model Rules of Professional Conduct addresses attorney-client communication. It provides that a lawyer must “reasonably consult with the client about the means by which the client’s objectives are to be accomplished.” This raises the question of whether this rule covers the use of AI. If it does, how much AI assistance should be disclosed to clients? For instance, should using ChatGPT to draft a brief be disclosed, while using law students for the same task does not require disclosure? These are some of the ethical questions currently being debated in the legal field.

Skip to toolbar