Key Takeaways:
- The Tech Liability Model holds technology companies responsible for keeping children safe online, while the Parent Gatekeeper Model holds parents responsible for their children’s online activity.
- The Tech Liability Model is considered more effective in reducing children’s screen time and protecting their privacy rights.
- The Parent Gatekeeper Model is flawed as it permits technology companies to evade responsibility for harms children face as a result of excessive screen time.
- Hybrid models that combine aspects of both the Tech Liability and Parent Gatekeeper models can also be effective, but timing is crucial to avoid technology companies arguing that additional legislation is unnecessary.
- Legislation incorporating the Tech Liability Model should prioritize reducing children’s screen time and minimizing privacy risks.
Introduction to the Issue of Children’s Screen Time
Technology has become an integral part of children’s lives, with 96 percent of teenagers using the internet daily, and approximately half of them being online "almost constantly." However, excessive screen time has been linked to various negative impacts on children, including mental health issues, social isolation, and cognitive development problems. As a result, scholars and policymakers are urging legislative action to regulate addictive technologies, particularly social media platforms, and reduce children’s screen time.
The Two Legislative Models: Tech Liability and Parent Gatekeeper
Gaia Bernstein, a professor at Seton Hall University School of Law, identifies two legislative models used to regulate addictive technologies: the Tech Liability Model and the Parent Gatekeeper Model. The Tech Liability Model holds technology companies responsible for keeping children safe online, while the Parent Gatekeeper Model holds parents responsible for their children’s online activity. Bernstein argues that legislatures should adopt the Tech Liability Model, as it is more effective in reducing children’s screen time and protecting their privacy rights.
The Flaws of the Parent Gatekeeper Model
Bernstein argues that the Parent Gatekeeper Model is flawed as it permits technology companies to evade responsibility for harms children face as a result of excessive screen time. Social media platforms implement addictive design features, such as algorithms that expose children to hateful content and features based on the intermittent reward model, which prolong kids’ screen time and allow technology companies to collect more user data and generate revenue through targeted advertising. The Parent Gatekeeper Model enables technology companies to provide parents with tools to lower their children’s screen time, thereby evading responsibility for the harms caused by their products.
The Ineffectiveness of Parents in Regulating Children’s Screen Time
Bernstein also argues that parents are ineffective at protecting their children from online harms. Parents are less likely to read the details of complex parental consent agreements, keep up with updates to parental controls, or constantly monitor their children’s online activity. Furthermore, parents who are fearful of isolating their children from peers on social networks will be reluctant to restrict their children’s time spent online. This makes it difficult for parents to effectively regulate their children’s screen time, even with the tools provided by technology companies.
The Privacy Concerns of the Parent Gatekeeper Model
The Parent Gatekeeper Model raises privacy concerns for children, as it grants parents access to their children’s online communications, particularly about sensitive issues such as gender identity and political ideology. Bernstein argues that this undermines the privacy rights that children, particularly older teenagers, possess against their parents. In contrast, the Tech Liability Model restricts online platforms from implementing features that deliberately prolong screen time, limiting the amount of data these platforms can collect on children and protecting their privacy rights.
The Effectiveness of the Tech Liability Model
Bernstein argues that the Tech Liability Model is more effective in reducing children’s screen time and protecting their privacy rights. By holding technology companies responsible for keeping children safe online, the Tech Liability Model restricts online platforms from implementing features that deliberately prolong screen time. This approach also limits the amount of data these platforms can collect on children, thereby protecting their privacy rights. Bernstein suggests that the perceived conflict between regulating addictive technologies and protecting children’s privacy rights is "illusory," as the Tech Liability Model can achieve both goals.
The Potential for Hybrid Models
Bernstein acknowledges that a hybrid model that balances robust legislation imposing direct liability on technology companies with options for parental controls may also be successful. However, timing is crucial: if legislatures adopt the Parent Gatekeeper Model first, technology companies could successfully argue that additional legislation under the Tech Liability Model is unnecessary. Therefore, Bernstein advocates for legislatures to prioritize passing legislation incorporating the Tech Liability Model to reduce children’s screen time and eliminate the need for subsequent parental gatekeeping legislation.
Conclusion and Recommendations
In conclusion, Bernstein argues that the Tech Liability Model is the most effective approach to reducing children’s screen time and protecting their privacy rights. She urges legislatures to prioritize passing legislation incorporating the Tech Liability Model and to ensure that any hybrid models minimize privacy risks and maximize the efficacy of complementary laws under the Tech Liability Model. By taking a proactive approach to regulating addictive technologies, legislatures can help mitigate the negative impacts of excessive screen time on children and promote a healthier online environment for all.
