Privacy

Free speech group the Foundation for Individual Rights (FIRE) has gone to court in a bid to block Texas state age verification law, Securing Children Online through Parental Empowerment Act (SCOPE Act, HB 18).

We obtained a copy of the complaint for you here.

This largely Republican-backed law will take effect on September 1, starting when online platforms will be under obligation to register and verify the age of all users.

This will apply if “more than a third” of content on the platforms is considered “harmful” or “obscene.”

But FIRE believes this is a form of pressure to make sure sites collect biometric and ID data from adults in Texas as they access what is lawful (to them) content.

Hence the case, Students Engaged in Advancing Texas v. Paxton, where FIRE is suing state Attorney General Ken Paxton on behalf of four plaintiffs that the group says would have their rights threatened by the SCOPE Act – unless the US District Court for the Western District of Texas issues declaratory and injunctive relief.

In other words, FIRE wants the judges to stop the enforcement of the law, which the filing brands as unconstitutional.

Said FIRE Chief Counsel Bob Corn-Revere: “In a misguided attempt to make the internet ‘safe’, Texas’ law treats adults like children. But even minors have First Amendment rights. Whether they’re 16 or 65, this law infringes on the rights of all Texans.”

This is by no means a sole voice expressing disagreement with the idea that more, and more invasive online censorship and surveillance will result in better protection of children.

Senator Rand Paul has penned an opinion piece where he goes after the Kids Online Safety Act (KOSA), which has raised privacy, censorship, and digital ID concerns among civil rights activists.

According to Paul, what motivated those behind the legislation to come up with it is not questionable, but the actual bill falls short to the point where it “promises to be a Pandora’s box of unintended consequences.”

The senator notes that those pushing the bill insist the goal is not to regulate content, but he believes online platforms would face unprecedented demands regarding mental health harms, like anxiety, depression, and eating disorders.

However, Paul believes – “imposing a duty of care on internet platforms associated with mental health can only lead to one outcome: the stifling of First Amendment–protected speech” while at the same time empowering “speech police” to “silence important and diverse discussions that are essential to a free society.”

Paul speaks in favor of making sure those protections continue to apply and suggests coming up with “clear” rules for platforms, allowing them to comply with the law.

But KOSA, according to him, “fails to do that in almost every respect.”

The senator sees it as (yet another) bill that is too vague for (legal) comfort, so much so that “many of its key provisions are completely undefined.”