WHAT IS THIS BILL?
- When a mobile device is activated within the state of Idaho for or by a minor then the existing filter is enabled. The filter is already installed on the device. Nothing new needs to be installed or purchased.
- Smartphones and tablets already know the age of the user with reasonable precision. The device will only enable the existing filter for minors.
- Parents and/or legal guardians have the right to turn off the filter for their minor children.
- This bill does not affect the retailer, nor the cellular provider.
- This bill will only affect the manufacturer of the operating systems on mobile devices.
- This bill only affects search browsers on the mobile device.
- This bill does not affect any social media, such as Facebook, Instagram, X (Twitter), …
- Why not include social media? The bill is intentionally narrow, focusing on existing features.
- By enabling filters on the device, instead of at the network level, the filter protects a minor online wherever the device is used and complies with existing Supreme Court rulings.
WHY IS THIS LAW NEEDED?
This law greatly simplifies what is now a complex and cumbersome process for families, some of whom are unaware that filtering options even exist on their devices or do not have the technical know-how to activate them. It also recognizes that not all Idaho children have the privilege of parents who are involved in their digital well-being.
With this simplification, we will prevent early exposure to potentially life-altering sexually explicit content for children.
HOW DOES PORNOGRAPHY HARM CHILDREN?
Parents don’t need data to tell them it is unhealthy for children to view the violent and extreme hardcore pornography videos widely available on digital devices today. But here are a few stats:
- More than half of American children own a smartphone by age 11.
- A study of university students found that 93% of boys and 62% of girls had seen Internet pornography during adolescence.
- A meta-analysis of 37 studies found that exposure to violent or rape pornography increased a child’s odds of experiencing sexual exploitation by nearly three times.
- Research shows that children are more susceptible than adults to addictions and to developmental effects on the brain.
- Internet pornography use is linked to increases in problematic sexual activity at younger ages, and a greater likelihood of engaging in risky sexual behavior such as hookups, multiple sex partners, anal sex, group sex, and using substances during sex as young adolescents.
WON’T KIDS FIND OTHER WAYS TO ACCESS PORNOGRAPHY?
This is a widespread problem that can’t be solved with the snap of the fingers, but by automatically enabling existing device filters, we take a simple and significant step in the right direction. We often take actions to protect children that aren’t 100% effective, but that doesn’t stop us from trying. For example, we use child-protective caps on prescription medication. They aren’t 100% effective at preventing all children from opening these containers, but that doesn’t stop us from using them. Those caps create a reasonable barrier between most children and something that can harm them.
Think of all the hours children spend on digital devices each day, and this decision becomes a no-brainer.
DOES THE CHILDREN'S DEVICE BILL MEET CONSTITUTIONAL FREE SPEECH REQUIREMENTS?
As long as adults have access, the U.S. Supreme Court has repeatedly recognized that the state may restrict children’s exposure to pornographic material. The court also has found that the state has a compelling interest in protecting children from this material. Furthermore, the court has recognized that parents are entitled to laws that support their ability to safeguard their children from harm.
In Ashcroft v. ACLU (2004), the Supreme Court found that filters on devices at the receiving end met the requirements of the First Amendment.
The Children’s Device Bill takes the unique approach of assuming all device users are adults unless the device detects activation by a minor. Only then is the manufacturer required to activate the existing filter.
HOW IS THE LAW ENFORCED?
While it is highly likely that device manufacturers will comply with the law, parents, guardians, and state attorneys general will be able to bring civil actions against manufacturers of devices that do not comply.
Additional information: Device-Filter-Factoid-Cited.pdf (endsexualexploitation.org)