H.R.1623 - Shielding Children's Retinas from Egregious Exposure on the Net Act; SCREEN Act (119th Congress)
Summary
H.R. 1623, the SCREEN Act, aims to protect minors from online pornography by requiring interactive computer services to implement technology verification measures to ensure users are not minors. The bill mandates that covered platforms adopt and utilize technology to verify user age and prevent minors from accessing harmful content. The Federal Trade Commission (FTC) is tasked with enforcing these requirements, conducting regular audits, and issuing guidance to assist platforms in compliance.
Expected Effects
The SCREEN Act, if enacted, would likely lead to changes in how online platforms handle content and user verification. Platforms that host or make available pornographic content would need to invest in and implement age verification technologies. This could potentially reduce minors' access to such content, but also raise concerns about data privacy and the effectiveness of the verification methods.
Potential Benefits
- Potentially reduces minors' exposure to online pornography, addressing concerns about psychological and societal harms.
- May lead to the development and innovation of more effective age verification technologies.
- Could provide parents with greater peace of mind regarding their children's online safety.
- Reinforces the government's interest in protecting the well-being of minors.
- May encourage a more responsible online environment regarding content accessibility.
Potential Disadvantages
- Potential for increased data collection and privacy concerns related to age verification processes.
- Risk of inaccurate age verification, leading to either minors bypassing the system or adults being incorrectly blocked.
- Possible burden on smaller platforms to implement costly age verification technologies.
- Potential for legal challenges based on freedom of speech or other constitutional grounds.
- Risk of creating a false sense of security, as determined minors may still find ways to access prohibited content.
Most Disadvantaged Areas:
Constitutional Alignment
The bill raises constitutional concerns, particularly regarding the First Amendment's guarantee of freedom of speech. While the government has a recognized interest in protecting minors, the Supreme Court has historically scrutinized laws restricting access to content, requiring them to be narrowly tailored. The bill's definitions of "harmful to minors" and the scope of "covered platforms" could be subject to legal challenges. The findings section cites Ashcroft v. ACLU, acknowledging the need for the least restrictive means. The Tenth Amendment is not directly implicated, as the federal government has the power to regulate interstate commerce, which is the basis for regulating interactive computer services.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).