- New social media rules took effect in Virginia on January 1
- Platforms must limit data collection and restrict screen time for those under 18
- NetChoice challenges law on privacy and free speech grounds
An amendment to the Virginia Consumer Data Protection Act (VCDPA) officially took effect on January 1. It requires social media platforms to implement stronger protections for minors, including limiting screen time and data collection.
Digital service providers are now prohibited from processing the personal data of a known minor for the purposes of targeted advertising or selling such data without clear parental consent.
The law also targets “addictive” flow mechanisms, requiring platforms to deactivate features promoting infinite scrolling and to implement tools limiting the duration of use for minors.
While the goal is to break the cycle of social media addiction, privacy experts warn that the technical requirements needed to enforce these rules effectively impose identity checks on 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 trend toward age verification nationwide, in which states are stepping in to regulate relationships between Big Tech and younger users.
This isn’t Virginia’s first foray into digital age monitoring, either. The state previously adopted strict age verification requirements for adult websites, a move that historically correlates with an increase in VPN use as users attempt to circumvent identity-intrusive downloads.
However, this latest expansion into general social media covers a much wider demographic and range of applications, raising the data privacy stakes.
What the new law changes for adolescents
The core of the amendment is an update to the VCDPA that specifically addresses “known minors.” As Biometric Update reports, the law requires controllers (social media platforms) to prioritize the safety of young users.
In practice, this means that platforms operating in Virginia must now default to the highest privacy settings for minors. They are prohibited from profiling a minor for advertising purposes or using precise geolocation data without their explicit consent.
In addition, the law introduces a “deadline” approach. Platforms should limit the hours a minor can spend on the app, or at the very least, remove algorithmic design choices, like auto-playing videos and gamified engagement rewards, that lead to excessive screen time.
Although parents may appreciate this control, implementation remains complex. To distinguish a “known minor” from an adult, platforms generally need to increase the invasiveness of their age assurance methods.
This often involves estimating age through biometric scanning or requiring the upload of a government ID, measures that privacy advocates say create massive new databases of sensitive information vulnerable to hacking.
NetChoice lawsuit and privacy concerns
The enactment of the law did not go unchallenged. NetChoice, a trade association representing major tech companies including Google and Meta, has clearly objected, arguing that such laws violate the First Amendment and compromise user safety.
The organization filed the lawsuit in November, similar to its previous legal battles in the United States. The central argument is that by requiring platforms to verify the age of each user to filter out minors, the state is effectively putting an end to anonymous web browsing.
Security experts have long warned that “age verification” is often synonymous with “identity verification,” which creates a data pool for cybercriminals.
We’ve recently seen federal judges rally around these concerns, with courts even blocking similar laws in other states. As we reported, a federal judge blocked Louisiana’s social media age verification law on constitutional grounds. Similarly, courts have ruled an Arkansas social media security law unconstitutional, citing the excessive burden it places on free speech and privacy.
Despite ongoing litigation, Virginia law is now in effect. For now, social media giants must comply with the rules or risk hefty fines, while Virginia residents could be asked to prove who they are just to scroll through their feeds.
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