On Monday, September 23, 2013, California Governor Jerry Brown signed SB 568 into law. SB 568 requires “the operator of an Internet Web site, online service, online application, or mobile application to permit a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application, to remove, or to request and obtain removal of, content or information posted.” The law will take effect on January 1, 2015. A second provision of the bill prohibits internet companies from marketing products to minors that are otherwise prohibited to be offered and cold to minors outside the internet.
With the passage of the so called “Eraser Button Bill,” California is the first state to require websites to allow people younger than 18 to remove their own postings. SB 568 is not all encompassing, however, as the law covers only content (including photos) that is actually generated by the individual. Thus, internet companies and websites will not have to remove content posted or reposted by others. However, the law can reach websites located in other states, as websites located outside California must also comply with the law if the user in question is a minor from California. In terms of penalties for a violation, SB 568 doesn’t spell out specific penalties for sites that fail to comply, but it could expose web companies to civil liability.
Supporters of the new law champion SB 568 as a victory for privacy rights. James Steyer, Chief Executive of Common Sense Media, a charity that promotes children’s digital privacy, stated that SB 568 “is a big step forward for privacy rights, especially since California has more tech companies than any other state.” California already allows certain people, such as victims of domestic violence, to get information struck from their online record.
SB 568 is meant to protect teens from doing harm to their job and college applications. Nearly a quarter of college admissions counselors admitted to checking applicants social networking profiles and found “vulgarities, alcohol consumption, and illegal activities” which negatively affected applicants admissions chances. According to Steyer, “Teens often self-reveal before they self-reflect and may post sensitive personal information about themselves – and about others – without realizing the consequences.” Even Google has given at least tepid support to this type of legislation. In May of 2013, Google Chairman Eric Schmidt said the internet needed a “delete button.”
Opponents have criticized the legislation as infringing on free speech rights. Others have concern that under this new legislation, websites will not understand what their legal obligations are. The Center for Democracy and Technology is concerned that such legislation “will discourage operators from developing content and services tailored to younger users, and will lead popular sites and services that may appeal to minors to prohibit minors from using their services.” Additionally, SB 568 will burden websites with developing policies for different states.
Other opponents argue that even if SB 568 is well intentioned, the objective can’t be completed on a practical level as internet archives automatically create copies of nearly every piece of information on the web. And, they argue, the law is unnecessary, since nearly every imaginable service already offers a delete button. According to proponents, however, the law will allow users to do more than simply “delete” posts – as posts that are simply deleted are potentially retrievable. This law forces websites to permanently delete what has been posted.
Finally, opponents are skeptical as to how the law should be applied. SB 568 only protects content that the user uploaded him or herself and not information that has been copied by a third party. But what if a friend “likes” a photo on Facebook? They argue that to have any sort of teeth, the law would have to permit the deletion of data that has been reposted, archived, or interacted with which would conflict with one’s right to share and discuss information.
Will other states follow suit? Who knows – but this is not the highest profile attempt to give minors the ability to delete their postings. In 2011, a similar bill called the Do Not Track Kids Act died in committee in the U.S. House of Representatives. Perhaps California and SB 568 can serve as the test model for the rest of the nation.