In 1984, New York became a pioneer in implementing a life-saving mandate requiring the use of seat belts in vehicles, encountering fierce opposition along the way. Today, nearly 90% of all drivers comply, saving countless lives annually. However, the Empire State is currently faced with yet another urgent need for safety regulations – this time in the digital sphere.
The New Paradigm of Digital Risk
Similar to how unbuckled drivers used to lose their lives in car accidents, the digital landscape has now spawned a new kind of threat. Children have begun taking their own lives, succumbing to eating disorders, and participating in life-threatening challenges – the underlying commonality is their exposure to harmful content propelled by predatory algorithms. Insurance Journal reports that vulnerable children are victimized by dangerous design that utilizes their personal data for targeted content.
The Legal Solution Brewing
A potential legal solution is on the horizon, akin to the seatbelt law. New York state Senator Andrew Gounardes and Assemblywoman Nily Rozic have proposed a bill that could provide respite from this growing crisis. Their proposed legislation aims to disable algorithmic profiling by default and would only be activated by explicit parental consent.
The Bone-Chilling Effects of Profiling
Consider the tragic stories arising as a result of this unchecked technology. For instance, a teenager, who innocently searched for “Batman” and “gym motivation” on TikTok, was identified by the application’s algorithm and subsequently bombarded with over 1,000 pro-suicide videos. The outcome – the teenager ended his life by jumping in front of a train in November 2022. If the proposed law had been in place two years prior, he would have celebrated his 18th birthday this spring.
In another case, an 11-year-old girl created an Instagram account and, due to targeted profiling, was led to anorexia and self-harm sites. As a result, she now battles a severe eating disorder that will potentially affect her for life.
The New Frontline in Legal Warfare
Amid these horrifying accounts, legal practitioners are stepping up in defense of these victims. One such protagonist is Laura Marquez-Garrett – a lawyer representing over 2,000 families whose children have experienced sexual assault, online bullying, and encounters with drug users due to these manipulative algorithms. She co-founded the Social Media Victims Center, a special purpose law firm brought to life two and a half years ago.
Targeted tragedy Continues
In a conference I attended with Marquez-Garrett, she displayed the TikTok feed of the aforementioned teenage victim. Even two years after his untimely demise, the boy still receives suicide-related content on his TikTok feed – a glaring indication of the continuing digital threat.
Exposing the Dangerous Algorithms
Algorithms, hidden beneath the innocuous facade of recommendation systems, are capable of administering potentially deadly content. I created a fictional profile on TikTok, used a fake birthdate, and made some generic searches as a supposed 10-year-old. The results were disturbing, as the platform recommended a slew of inappropriate content.
The Industry Pushback
The social media giants are pushing back hard against the implementation of the proposed law. They argue that removing recommendation engines would effectively “break the internet.” However, contrary to this, supporters of the law insist that its enforcement would actually “un-break the internet.”
The Time to Act is Now
It’s time for New York to spearhead this change and clamp down on these dangerous recommendation engines. This could potentially be the digital equivalent of a seatbelt, ensuring the safety of our children in the digital world. The responsibility lies with us to ensure safer digital experiences for our younger generation and prevent further victims of these predatory algorithms.
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