‘Today We Save Our Children’ Says Governor Hochul, Signing Bill That Will Not Save Anyone

Stupidity

from the legislating-by-grandstanding-moral-panics dept

New York Governor Kathy Hochul’s response to the horrifying shootings in Buffalo in 2022 was not to look for ways to limit access to guns or improve mental health care. It was not to look into why law enforcement ignored the threats that the shooter had made, which they were aware of. It was not to figure out why the 911 dispatcher who answered the first call about the shooting hung up on the caller after getting mad at them for whispering.

No, it was to blame the internet.

Blaming the internet is a very convenient scapegoat for politicians who are in over their heads with societal-level problems.

On Thursday, Hochul became the living embodiment of the “won’t someone please think of the children” meme. She gleefully signed an easily unconstitutional bill that will not protect children, and which will likely do real harm. She signed the SAFE For Kids Act, which bans algorithmic feeds for kids. In signing the bill she literally said:

“Today, we save our children.”

There are just a few problems with this, all of which Hochul’s office (and the sponsors of this bill) have been told about, only to be dismissed as “talking points from big tech.”

Problem 1: There remains no study showing that algorithmic feeds are somehow “addictive” or even a problem. It’s all based on vibes (and adults who seem unable to put down their own phones).

Problem 2: What actual studies show is that if you force chronological feeds on people, a few things happen, none of which “save our children.” First, users get annoyed because they see less of the stuff they go to social media for. This doesn’t make them use less social media, it just makes them switch to other social media. It also exposes those on the chronological feed to more untrustworthy content and disinformation. I’m not sure why Kathy Hochul thinks that exposing kids to more disinformation is “saving our children,” but someone should ask her.

Problem 3: This bill requires age verification, which has already been ruled to be unconstitutional by multiple courts. It is also a privacy nightmare, as has been described multiple times in the past. Creating a world that puts kids’ private data at risk is not “saving our children.”

Problem 4: The requirement about how websites can order content is just a blatantly obvious First Amendment infringement. I mean, just imagine if the NY legislature told a newspaper that it could no longer prioritize some headlines over others and had to lay out the newspaper in the order the stories were written? Everyone would immediately recognize the First Amendment problems with such a law. But this is no different.

Problem 5: Algorithms are a hugely important tool in keeping kids safe online, by minimizing or hiding more harmful or problematic content. And Hochul and the NY legislature are telling social media companies that such tools must be removed from their arsenal.

Hochul told a reporter, “we’ve checked to make sure, we believe it’s constitutional.” And, that’s just laughable. Checked with whom? Every attempt I saw to call out these concerns was brushed off as “just spewing big tech’s talking points.”

The Constitution is not a “big tech talking point.” What the actual research shows is not a “big tech talking point.”

I’m not against chronological feeds as a general concept. They’re great for those that want them. Lots of services already offer them as an option. But mandating them, and especially mandating them for certain ages (necessitating dangerous age verification), doesn’t solve any legitimate problem and makes it harder for trust & safety teams to actually help protect kids.

I recognize that this signing happened the same day that Hochul’s approval ratings and favorability hit all-time lows. So, it’s no surprise that she’s trying populist nonsense and embracing moral panics. But perhaps she should try actually doing things to actually help, rather than things already proven harmful?

Filed Under: algorithmic feed, algorithms, kathy hochul, new york, protect the children, safe for kids act