Too great of a national story not to share today and it directly relates to our “Duhamel Diaries”… so here is round two of The “Duhamel Diaries” for today!
Protecting our kids!
On October 3, 2024, Texas Attorney General Ken Paxton sued TikTok, accusing the platform of violating a state law by improperly collecting and sharing minors’ personal data without parental consent. The law in question is part of a broader effort by Texas to protect children online, holding companies accountable for privacy violations.
The Texas SCOPE Act (Securing Children Online Through Parental Empowerment Act), set to take effect in September 2024, introduces stringent measures aimed at protecting minors from harmful content and safeguarding their personal data online. This legislation requires digital service providers—like social media platforms, chat rooms, and video-sharing sites—to take specific steps in managing their interactions with users under 18.
Key provisions include:
- Age verification: Platforms must confirm users’ ages during account creation and prevent them from altering this information later.
- Limiting data collection: Digital platforms are prohibited from collecting minors’ geolocation data or using it for targeted advertising. Minors are also restricted from making online purchases.
- Harmful content protection: Platforms must implement filtering technologies to prevent minors from accessing or being exposed to content that promotes self-harm, substance abuse, bullying, and other dangerous behaviors.
- Parental tools: Platforms must provide parents with tools to monitor and control their children’s online activity, including account privacy, time spent on the platform, and access to certain types of content.
Violations of the SCOPE Act are considered deceptive trade practices, subject to enforcement by the Texas Attorney General. Parents can also seek legal recourse through injunctions or declaratory judgments, though the law does not allow for private lawsuits.
You can read the filing here: https://texasattorneygeneral.gov/sites/default/files/images/press/TikTok%20Original%20Petition%20Filestamped.pdf
The bottom line! (1) the law is working and (2) attorneys general can be aggressive and take action to protect kids if they have a legislature willing to work with them and give them the tools to do so.
Bravo Texas!
South Dakota?
We’ve covered this before in The “Duhamel Diaries” but it is worth mentioning AGAIN in light of Texas leading the way…
What has South Dakota done recently to protect kids online?
South Dakota House Bill 1257 (HB1257) from 2024 aimed to require websites containing material harmful to minors, such as pornography, to implement age verification procedures to restrict access to those under 18. The bill sought to protect children from exposure to explicit content by holding websites accountable through mandatory checks, ensuring that minors could not easily access such material.
Rep Bethany Soye was the Prime sponsor along with Sen Mehlhaff.
https://sdlegislature.gov/Session/Bill/24615
The bill passed through several stages but was heavily debated, and it faced opposition from groups concerned about privacy and potential First Amendment violations. Despite this, it moved forward but was significantly amended during its journey, leading to discrepancies from its original intent.
Guess who helped kill that ORIGINAL bill?
Helene Duhamel. On 29 Feb 24 the Senate Judiciary Committee deferred the bill to the 41st legislative day. Duhamel voted to defer.
The bill was smoked out and then SUBSTANTIALLY amended. Original intent gone.
How criminal!
The Senate race in District 32 will certainly be interesting this November. Establishment Republican Helene Duhamel (recruited by Lee Schoenbeck) was unopposed for the June 2024 primary election. Enter into the arena Republican Karen McNeal, who successfully entered the race for this Senate seat as an Independent, and will take on Duhamel in the general election on 5 Nov 2024. Karen has received support from conservative grassroots republicans working to elect better representation in Pierre.
