Report from the TechCrunch
In Brief – Social networking startup Bluesky, which gained prominence as many progressives users looked for alternatives to X after its acquisition by Elon Musk, has announced that it is blocking users from the state of Mississippi because it cannot comply with the state’s law requiring age verification, parental consent for users under 18, and the ability to protect minors from “harmful content”. The law was twice blocked by a federal district judge for violating the First Amendment, but each time the Fifth Circuit Court of Appeals overturned the decision. Last month, the Supreme Court denied an emergency request by digital company trade group NetChoice to halt the law during litigation challenging its constitutionality.
Context – As we explained when the High Court allowed Mississippi’s online age limit to go into effect, five justices were needed to grant an emergency order through the “Shadow” docket. Like most such decisions, the majority did not include any explanation. However, Justice Kavanaugh wrote a short concurring opinion noting why all the similar state laws have been blocked and why he suspects this one eventually will be as well. There are major court precedents on the free speech rights of minors. However, the fact that the justices chose to pass on what seems a clear-cut challenge highlights the critical nature of the case in the development of free speech rights on the internet in the US. At least in the Fifth Circuit, state regulation of online platforms is likely to ramp up further over what will probably be a two-year litigation process, as will the use of age verification technologies by platforms. One technological response from internet users, including teens, will be increased use of VPN services that mask the geographical location of a user. In the UK, which is beginning enforcement of its Online Safety Act to push platforms to block objectionable content, especially to shield younger users, has seen many platforms adopt technical age checks. VPN use has reportedly dramatically increased in the UK to avoid the age verification systems. Government officials are now discussing regulating VPNs, including by mandating that they employ age verification.