Is Childproofing The Internet Constitutional? A Tech Law Expert Draws Out The Issues

Mounting pressure to regulate children’s use of technology in the United States raises the question: Is childproofing the internet constitutional?In response to significant political pressure stemming from alarming revelations about youth experience with digital technologies, a wave of state laws have recently passed across the U.S. They address a variety of online harms affecting children, ranging from exposure to pornography and risky content to manipulative design and social media access.
Most of the newly passed state laws have already been challenged, and those challenges are working their way up through the appeals process of the court system. In the 2024-25 term, the U.S. Supreme Court will review the constitutionality of a Texas law that obligates porn sites to block underage users in the case Free Speech Coalition v. Paxton.
The controversy found its way to the highest court after a federal district court determined that the law violated the First Amendment but the 5th U.S. Circuit Court of Appeals overturned the lower court decision. The 5th Circuit ruling compared the new law with those banning the sale of pornography magazines to minors in the 1960s, which were ruled constitutional.
While the court considers the Texas law, the U.S. House will be considering the Kids Online Safety Act, known as KOSA, and the Children and Teens Online Privacy Protection Act, referred to as COPPA 2.0, because it updates the 1998 Children’s Online Privacy Protection Act, COPPA. KOSA addresses addictive design features and parental controls, and COPPA limits data collection and use. Senate leaders merged the two into KOSPA, which passed 91-3.
Age-Gating
All these laws demand that platforms treat children differently from adults, and so require platforms to know who is a child and who is an adult. This practice is referred to as age-gating and includes a few methods.
The old COPPA 1.0 added restrictions, responsibilities and liability for sites directed at kids or sites that had knowledge a user was under 13. Most sites avoid the law’s restrictions and requirements by simply including language in their terms of service forbidding those under 13 from creating an account. Others, like Facebook, eventually went further, asking the user to input their age or date of birth. Kids long ago learned to circumvent the virtually meaningless barrier.
The new wave of laws requires more, using one of two age-gating options: inference and verification. To infer age, the platforms make a good guess by using data generated by the user, either through biometric scans of the face or voice or analysis of the data troves the platforms already collect for targeted advertising. Age verification involves relying on evidence already vetted by another institution such as a government ID or credit card.
While the inference method provokes significant privacy concerns, age-gating advocates argue that age verification at the operating system or browser level is effective and doesn’t burden users or put their privacy at risk.
The last time the constitutionality of age-gating the internet came before the Supreme Court, the law did not survive. In 1997, the Supreme Court in Reno v. ACLU invalidated provisions of the Communications Decency Act enacted to protect children from exposure to explicit material online because they lacked the precision required to narrowly target unprotected speech. Congress made some adjustments and tried again with the Children’s Online Protection Act, not to be confused with COPPA, which ultimately failed as well but under a highly fractured court.
3 Questions
While the constitutional analysis, the technology and the associated research are fairly complex, the outcome depends on answers to three main questions.
To limit sharing or accessing content, the government needs to have a good reason. So, the first question to ask is whether the harms to kids are really that bad and whether the challenged law mitigates the harms. Laws sometimes fail this test.
Like in 2011, when the Supreme Court scuttled California’s attempt to prohibit the sale of violent video games to minors, Utah’s efforts to limit children’s access to social media recently stalled after the government could not convince the district court that a compelling link exists between youth mental health problems and social media.
The second question is whether restrictions and obligations related to children place burdens on speakers and seekers who have legitimate rights to share and access information freely. While the 5th Circuit maneuvered around this question by relying on the constitutionality of laws that require showing an ID to access offline pornography, other courts have gotten technical. For instance, Arkansas’s Social Media Safety Act did not survive because the court determined adults would be deterred from creating accounts if it involved producing an ID or biometric scans.
This question may come down to not only the technical reality or potential of age-gating but also user experience research.
The third question is whether alternatives, namely parental controls, work better and leave adult access unhindered. Although some parents and policymakers insist parental controls have not worked to protect children, lower courts considering the new wave of age-gating have found that parental controls remain superior options for addressing online harms to children, just like the Supreme Court did two decades ago.
Nobody knows how the Supreme Court will answer these three questions this time around. So much has changed. The court has changed, the technology has changed, the research has changed, childhood has changed. If age-gating laws are upheld as constitutional, more big changes are likely to follow.
This article is republished from The Conversation, a nonprofit media outlet that uses academic and research content. Read the original article: https://theconversation.com/is-childproofing-the-internet-constitutional…

Four astronauts return to Earth after being delayed by Boeing’s capsule trouble, Hurricane Milton

Four astronauts returned to Earth on Friday after a nearly eight-month space station stay extended by Boeing’s capsule trouble and Hurricane Milton. A SpaceX capsule carrying the crew parachuted before dawn into the Gulf of Mexico just off the Florida coast after undocking from the International Space Station mid-week. The three Americans and one Russian…

How these tech trends could shape Ireland’s future

Microsoft’s Kieran McCorry talks about what the future of tech will look like in Dublin, Ireland and beyond as AI, quantum and more continue to evolve.
As we stand on the edge of a new era in technology, Dublin is well-positioned to continue its evolution as a global tech hub. The city’s vibrant ecosystem is poised to embrace groundbreaking advancements that will shape the future, from AI to quantum computing, from biotechnology to sustainability.
These technologies are not only transforming industries but also enabling individuals and organisations to solve complex problems and achieve more. As we look ahead, the challenge is not just about building new tools, but ensuring that innovation serves humanity, driving progress and addressing the most pressing issues of our time.
While this outlook is ambitious and dependent on many variables, including observations of some technologies that are available in other countries, it presents opportunities and highlights the possibilities that lie ahead if we harness the power of innovation effectively.
Dublin as a prominent tech hub
Ireland is well positioned to emerge as a leader in AI within Europe. By leading the AI discourse and promoting the adoption and utilisation of generative AI, Ireland has the potential to establish itself as a pioneering centre for AI innovation.
The country hosts leading global technology firms, contributing to a thriving AI innovation ecosystem. Additionally, Ireland benefits from a highly educated workforce, supported by top-tier academic institutions that foster ongoing innovation. Notably, Ireland was one of the first countries globally to develop an industry-driven nationwide postgraduate MSc in artificial intelligence.
Strategic governmental initiatives and policies further create an optimal environment for technological advancements. Cross-industry collaboration can also facilitate comprehensive AI integration across various sectors. Furthermore, Ireland plays an active role within the European Union, being home to the Data Protection Commission (DPC), one of the key regulators in enforcing GDPR. As we delve deeper into the specifics of how technological advancements will shape our future, several key areas emerge that warrant our focus and attention.
AI and machine learning 
AI and machine learning have already moved into a new phase, becoming integral to our everyday working lives, and will be even more so in our future. By 2050, AI will permeate every facet of our lives, amplifying human ingenuity, and driving efficiency and innovation across industries.
We are likely to see a new concept, called ambient intelligence, which relies on data from various sources such as wearables and environmental sensors, enabling predictive and personalised experiences far beyond what today’s technologies offer.
Automated tools like Microsoft Teams Copilot are set to revolutionise both work and home life, helping people stay productive and connected. Automated assistants, such as the Figure 02 and the NEO Beta, are advancing quickly and may become part of everyday environments.
While these innovations bring exciting possibilities, they also raise important questions around ethics, regulation and responsible use. As we move forward, it’s crucial to ensure that these technologies are designed to serve humanity, with clear guidelines to protect and enhance our lives.
IoT and 5G connectivity 
The proliferation of IoT devices, coupled with the advent of 5G connectivity, will create an unprecedented network of smart devices seamlessly integrated into our daily lives.
Imagine a Dublin where homes, offices and entire communities are interconnected, enhancing our quality of life, energy efficiency and security. The combination of sensors, connectivity and AI will be transformational.
Already we see examples of this work from Prof Mauro Vallati in the UK’s AI for Autonomic Urban Traffic Control programme. There is evidence of a 60pc reduction in congestion and delays in cities hosting concerts and major sporting events. Autonomous vehicles connecting with each other and optimising routing in real time means personalised experiences will be transformative.
From smart grids that optimise energy use to intelligent public transport systems like the autonomous buses trialled in Helsinki, the integration of IoT and 5G could catalyse a smarter, more connected Dublin.
Cities are using the IoT to manage their infrastructure by capturing and analysing data from connected devices and sensors, giving city managers real-time insights to improve operational efficiency and outcomes.
Quantum computing 
Quantum computing marks a major shift in computational power, capable of solving currently unsolvable problems. By 2050, Dublin could be home to quantum computing research centres, revolutionising cryptography, material science and drug discovery.
Significant progress has already been made here at Trinity College Dublin, with IBM and Microsoft’s involvement in the Trinity Quantum Alliance to foster innovation in quantum computing. Despite advancements in quantum hardware, scaling up remains the main challenge.
Although qubit numbers (the fundamental building blocks of quantum computers) have grown exponentially (from 5-10 in 2003 to 1,180 in 2024), million-plus qubit systems are needed for impactful work in fields like drug discovery, optimisation and climate modelling.
Biotechnology and health-tech 
The convergence of biotechnology and digital health could herald a new era of medical breakthroughs and enhanced wellbeing. Ireland is poised to become a biotech hub, attracting global talent. Personalised medicine, genomics and bioinformatics will offer tailored healthcare solutions, while predictive analytics will enable early diagnosis and treatment. CRISPR gene editing offers potential cures for genetic disorders.
Advances like AI-driven antibiotic discovery, 3D-printed organs, and ‘living computers’ made from neurons, such as the one from Swiss company FinalSpark, are transforming healthcare and technology.
We are already seeing researchers experiment with the 3D printing of organs (mostly models) in Washington State University. Significant advancements in human-computer interaction are also being observed, exemplified by companies like Neuralink. Recently, Neuralink successfully implanted a chip in a quadriplegic patient, enabling the individual to interact with physical devices.
Dublin’s tech ecosystem could be crucial for AI start-ups, fostering advancements that will have global ramifications.
Renewable energy and sustainability 
To combat the climate crisis, renewable energy technologies will help drive a sustainable future. Dublin and the surrounding area should lead the charge with innovations in solar, wind, wave energy and advancements in energy storage and grid management.
The Government’s Climate Action Plan requires 15pc of electricity to come from renewable corporate power purchase agreements by 2030. Advances in green hydrogen, battery and energy storage technology are expected, with smart buildings and green infrastructure becoming standard. The tech sector will play a key role in driving sustainability and resilience.
The future of technology in Dublin is limitless, with trends outlined being just the beginning. By 2050, Dublin could embrace these advancements with innovation and collaboration, positioning itself as a leader and pioneer in the technological revolution.
As we move forward, it’s crucial to engage in continuous dialogue about technological advancements and challenges. By fostering collaboration and innovation, we can align our efforts with community needs. Together, we’ll shape a smarter, more connected, and brighter future.
By Kieran McCorry
Kieran McCorry is the national technology officer with Microsoft Ireland.
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Miner’s Cup upset? Northern Michigan University Wildcats football team hopes 1st win in 2 seasons will be a big one at Michigan Tech

Northern Michigan University’s Michael Love stretches out for a pass just a little bit out of his reach during the Wildcats’ game against Northern State played at the Superior Dome in Marquette on Nov. 11, 2023. (Photo courtesy Cara Kamps)• Northern Michigan University vs. Michigan Tech

Northern Michigan University’s Tim Shannon Jr., right, successfully deflects a pass away from Michigan Tech’s Darius Willis in the second quarter of their GLIAC football game played at the Superior Dome in Marquette on Saturday, Oct. 14, 2023. (Photo courtesy Daryl T. Jarvinen)

Northern Michigan University’s Michael Love stretches out for a pass just a little bit out of his reach during the Wildcats’ game against Northern State played at the Superior Dome in Marquette on Saturday, Nov. 11, 2023. (Photo courtesy Cara Kamps)

Northern Michigan University’s Michael Love stretches out for a pass just a little bit out of his reach during the Wildcats’ game against Northern State played at the Superior Dome in Marquette on Nov. 11, 2023. (Photo courtesy Cara Kamps)

Northern Michigan University’s Tim Shannon Jr., right, successfully deflects a pass away from Michigan Tech’s Darius Willis in the second quarter of their GLIAC football game played at the Superior Dome in Marquette on Oct. 14, 2023. (Photo courtesy Daryl T. Jarvinen)

Northern Michigan University quarterback Mariano Valenti, center, reaches the goal line to score the Wildcats’ first touchdown during a football game played against Lake Erie College on Sept. 9, 2023, at the Superior Dome in Marquette. (Photo courtesy Cara Kamps)

, noon Saturday, at Houghton
• TV: WLUC-TV6
• Radio: WUPT 100.3 FM The Point
————————
Northern Michigan University’s Tim Shannon Jr., right, successfully deflects a pass away from Michigan Tech’s Darius Willis in the second quarter of their GLIAC football game played at the Superior Dome in Marquette on Oct. 14, 2023. (Photo courtesy Daryl T. Jarvinen)MARQUETTE — Football games between Northern Michigan University and Michigan Tech have often gone in a completely different direction than the teams’ records entering the game would indicate.
The Wildcats sure hope that’s true at noon Saturday when they play the Huskies for the Miner’s Cup in Houghton.
Not only has NMU struggled while going 0-7 this season — and 0-18 since head coach Shane Richardson took over to start the 2023 season — but Tech has won this rivalry trophy 13 times in a row, the last Northern victory coming back in 2009.
Since the Miner’s Cup was established in 2002, the Huskies have won it 18 times in the 21 times it has been contested. Overall in a series that dates back more than a century to 1920, Tech leads 50-41-5.
Tech isn’t exactly lighting up the GLIAC and likely won’t challenge national powerhouses Grand Valley State or Ferris State for the conference title. But the Huskies have put together a solid 4-3 season while going 1-2 so far in conference contests.
Northern Michigan University quarterback Mariano Valenti, center, reaches the goal line to score the Wildcats’ first touchdown during a football game played against Lake Erie College on Sept. 9, 2023, at the Superior Dome in Marquette. (Photo courtesy Cara Kamps)Saturday’s game will not only be broadcast on radio station WUPT 100.3 FM The Point as usual, but will also be televised on WLUC-TV6 with Mark Evans and Dave Ellis on the call and TV6 sports director Kevin McNulty as sideline reporter. This is the 12th year TV6 or its sister station Fox-U.P. have covered this Upper Peninsula rivalry.
Fans can also follow @NMU_Football and @NMU_Wildcats on X (formerly Twitter) for updates leading up to and during the game, or visit the NMU athletics website at nmuwildcats.com and look under the football schedule for links to live video, live audio, live statistics, ticket information and a series history.
Last weekend, Northern had probably its best chance for victory in Richardson’s two seasons when the Wildcats lost to previously winless and GLIAC first-year member Roosevelt 16-10 in overtime in the Superior Dome in Marquette.
With NMU committing to the run, the Wildcats attempted just two passes and for the second straight week, completed none. The previous game, however, was in a driving rainstorm at national No. 2 Grand Valley State. This time around was in a climate-controlled indoor venue.
“(I’m) really proud of the way that we kept points off the board,” Richardson said in an NMU Sports Information news release previewing the game. “When it comes down to it, that’s what you want. We bent a little bit at times, but we did not break.”
Redshirt freshman Vince Martin led Northern’s ground attack, gaining 120 of the Wildcats’ 201 rushing yards in 18 carries, an average of 6.7 yards per rush. Freshman Jahi Wood added 45 yards, while quarterback Aidan Hoard had 24 yards and Negaunee High School product Nico Lukkarinen had seven yards in just two attempts.
Roosevelt outgained NMU 363-201 overall even as the Wildcats had a nearly 80-yard advantage on the ground.
After Northern’s Michael Karlen made his sixth field goal of the season without a miss in the first quarter to give his team the early lead, the Lakers came back to go ahead 10-3 before NMU forced OT when Hoard ran in a 1-yard TD early in the fourth quarter. Karlen added the crucial extra point, where he’s also perfect at 13 for 13, to knot the score 10-10.
While Roosevelt missed a 49-yard field goal as regulation ended that would’ve won then, the Wildcats fumbled away their possession in the first overtime, while the Lakers answered with a TD much to the heartbreak of team and fans alike.
Wood is fifth in the GLIAC in rushing with 406 yards, while fellow backs Elizin Rouse (220 yards), Martin (214) and Lukkarinen (148) rank 13th, 14th and 20th, respectively, on that list.
Despite the recent focus on rushing, Northern receiver Michael Love is tied for second in the league with four touchdown catches and sixth in receiving yards with 341. He is also third in yards per catch at 18.9.
The Huskies got blown out playing one of the GLIAC powerhouses last weekend, falling 51-13 to now-No. 4 Ferris State.
Tech QB Alex Fries leads the league in passing completions and attempts, 138 of 247, and second in yards with 1,613, just 36 yards behind leader Trinidad Chambliss of Ferris.
Huskies receiver Darius Willis and Ethan Champney lead the GLIAC in pass catches with 49 and 36, respectively, as Champney is second in receiving yards with 591 and Willis a close third with 576. Willis also leads the league with seven TD catches.
On the ground, MTU’s Jake Rueff is ninth with 329 yards, the only Tech running back in the top 25.
Information compiled by Journal Sports Editor Steve Brownlee. His email address is [email protected].