From increased protections for children under 13 in their existing privacy law to addressing addictive social media feeds, Virginia is sending a message that kids’ online safety is a priority. With states moving quickly to address online harms, what do these proposed laws actually mean for kids and their families?
Last year, FOSI examined Virgnia’s approach to online safety. Now, as the 2025 legislative session is underway, the state is taking a chance on a newer approach.
Addictive Feed Laws - What’s the deal?
HB 1624 is new legislation aimed at tackling algorithms, instead of content, with the hope that it can withstand legal challenges. Personalized or “addictive” feeds are the algorithmic, suggested content in newsfeeds - think of the For You or Explore pages on TikTok and Instagram, or even a recommended playlist on Spotify. A lot of the content we see on social media comes from these recommended posts. The Virginia proposal would make it illegal for a platform to provide this type of newsfeed to a minor unless a parent consents. We’ve seen the passage of similar laws in New York and California with California’s law currently undergoing legal challenges.
Verifiable parental consent (VPC) and age assurance mechanisms are two key aspects of these laws. FOSI has written extensively on the benefits and drawbacks of age assurance methods and how each method has benefits and concerns. Implementation of specific mechanisms should be thoughtful, risk-based, and privacy preserving.
One key challenge with Virginia’s addictive feeds law is that it treats all young people under 18 the same. At FOSI we believe in a gradual, age appropriate experience on the internet. A 17 year old and a 7 year old should have different online experiences. One of FOSI’s key principles is good digital parenting and involving trusted adults in the online space. HB 1624 should account for the independence and privacy older teens need.
What more should be done?
FOSI believes in a whole-of-society approach to creating a safer online world for kids and their families. Collaborations between parents, young people, policymakers, doctors, researchers, and industry experts are necessary to 1. Protect kids’ data, 2. Promote healthy digital habits, and 3. Provide safe digital spaces for young people.
Protect Kids’ Data
Setting the stage for their commitment to protecting kids online, Governor Youngkin signed into law SB361/HB707 in May 2024, which includes increased privacy measures for children under 13. Among other things, the law, which went into effect January 1st, would prohibit platforms from processing a child’s data for the purposes of targeted advertising or selling the child’s data without first obtaining parental consent. It also prohibits the collection of a child’s data beyond what is reasonably necessary to provide the online service.
Moving the needle forward on data privacy for children under 13 is an excellent step to protecting kids online. FOSI looks forward to these protections however, more can be done to ensure these laws also include teens. Governor Youngkin has expressed interest in going further on kids’ privacy in the future and we encourage the expansion of data privacy for all young people.
Promote Healthy Online and Offline Habits
FOSI’s recent research found that the top self-reported negative effect of technology for teens is interrupted sleep. One gap in Virginia’s addictive feeds law (that is present in New York’s version) is the banning of overnight notifications unless there is parental consent. This is a reasonable step to ensuring kids are protecting healthy offline habits.
Provide Safe Digital Spaces for Young People
Social media provides a wealth of opportunities for young people to learn, create, and engage. Investing in safe experiences for young people rather than banishing them from being online is a more effective way to ensure they become good digital citizens. Providing safer digital spaces for young people includes prioritizing easy-to-navigate user tools so that parents and older teens have the ability to control their digital experiences. How to report harmful material, block unwanted contacts, and filter for age appropriate content should be intuitive.
As Virginia continues to consider online safety for young people, it is important that experts are consulted, policy is driven by evidence-based research, and parents and families are empowered to safely navigate the internet - not abandon it.
Marissa Edmund is the Policy Specialist at the Family Online Safety Institute (FOSI), working with the policy team to monitor emerging issues in tech policy and contribute her policy and research expertise to ensure the online world is safer for children and families. Prior to joining FOSI, Marissa spent two years at the Center for American Progress as the Sr. Policy Analyst for Gun Violence Prevention focusing heavily on gender-based and domestic violence. Before that, Marissa was the Policy Coordinator at the National Network to End Domestic Violence where she was able to actualize her passion for family safety by conducting research, engaging membership, and educating lawmakers on ways to support survivors of domestic violence. Marissa holds a B.A. in Political Science from the University of Maryland Baltimore County (UMBC).
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