- New social media rules went into effect in Virginia on January 1st
- Platforms must limit data collection and limit screen time for under 18s
- NetChoice is challenging the Privacy and Freedom of Speech Act
An amendment to the Virginia Consumer Data Protection Act (VCDPA) officially went into effect on January 1st. It mandates social media platforms to implement stricter protections for minors, including limits on screen time and data collection.
Digital service providers are now prohibited from processing a known minor’s personal data for the purpose of targeted advertising or selling that data without clear parental consent.
The law also targets “addictive” feed mechanics, requiring platforms to disable features that encourage endless scrolling and implement tools that limit the duration of use by minors.
While the goal is to break the cycle of social media addiction, privacy experts warn that the technical requirements to effectively enforce these rules require identity checks for everyone, prompting privacy-conscious users to seek out the best VPN services to protect their digital footprint.
The legislation, signed into law last year, is part of a growing nationwide age-verification trend in which states are stepping in to regulate the relationship between Big Tech and younger users.
This isn’t Virginia’s first foray into digital age-gating, either. The state has previously enacted strict age-verification requirements for adult-only websites, a move that historically correlates with an increase in VPN use as users try to bypass intrusive ID uploads.
However, this latest expansion to general social media covers a much wider demographic and wide range of apps, raising the stakes for data protection.
What the new law changes for teenagers
At the heart of the amendment is an update to the VCDPA that specifically addresses “known minors.” As reported by Biometric Update, the law requires controllers (social media platforms) to prioritize the safety of younger users.
This effectively means that platforms operating in Virginia must now have the highest privacy settings for minors by default. They are prohibited from profiling a minor for advertising purposes or using precise geolocation data without express consent.
Furthermore, the law introduces a “time limit” approach. Platforms are expected to limit the hours a minor can spend on the app, or at least remove the algorithmic design choices, like autoplay videos and gamified engagement rewards, that lead to excessive screen time.
While parents may welcome the controls, implementation remains complex. In order to distinguish a “known minor” from an adult, platforms generally need to increase the invasiveness of their age verification methods.
This often involves estimating age through biometric analysis or requiring government ID uploads, measures that privacy advocates argue create massive new databases of sensitive information vulnerable to hacks.
NetChoice Lawsuit and Privacy Concerns
The adoption of the law has not gone unchallenged. NetChoice, a trade association representing major tech companies including Google and Meta, has been vocal in its opposition, arguing that such laws violate the First Amendment and compromise user safety.
The organization filed a lawsuit in November, similar to its previous legal battles in the United States. The central argument is that by forcing platforms to verify the age of each user to filter out minors, the state effectively stops anonymous web browsing.
Security experts have long warned that “age verification” is often a synonym for “identity verification,” which creates a honeypot of data for cybercriminals.
We’ve seen federal judges side with these concerns recently, with courts even blocking similar legislation in other states. As we reported, a federal judge blocked Louisiana’s social media age verification law on constitutional grounds. Similarly, courts found an Arkansas social media security law unconstitutional, citing the undue burden it placed on free speech and privacy.
Despite the pending lawsuits, the Virginia law is now active. Currently, social media giants must navigate compliance or face hefty fines, while Virginians may find themselves asked to prove their identity just to scroll through their feeds.
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