SCOPE Act

Last updated
SCOPE Act
Seal of Texas.svg
Texas Legislature
  • an act relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.
Territorial extentState of Texas
Enacted bySeptember 1, 2024
EnactedJune 13, 2023
Legislative history
IntroducedFebruary 16, 2023
First reading May 4, 2023
Second reading May 23, 2023
Third reading May 23, 2023
Status: Not fully in force

HB 18 also known as Securing Children Online Through Parental Empowerment Act or just The SCOPE Act is an American law in Texas. The law requires internet platforms to verify the age of a parent or guardian of accounts if they are signed in as under 18. It also requires parental consent before collecting the data on minors under 18 years of age. Which is an increase from the age set at the federal level under COPPA which is 13. It also requires platforms to block and filter if the content promotes suicide, self-harm, eating disorders, substance abuse, stalking, bullying, or harassment, or grooming. [1] [2] [3] [4] [5]

Contents

Lawsuit against the act

CCIA & NetChoice v. Paxton

On July 30, 2024, The trade associations The Computer and Communications Industry Association and NetChoice filed a lawsuit against Texas Attorney General Ken Paxton to the to block enforcement of the law to The Western District Court of Texas. [6] Judge Robert Pitman on August 30, 2024, blocked the block and filtering content requirements of the law. However, let the rest of the law take effect as the Plaintiffs didn't show evidence that the other parts of the law were unconstitutional. [7] [8] [9]

Students Engaged in Advancing Texas et al v. Paxton

On August 16, 2024, FIRE helped 4 plaintiffs to sue the Attorney General Ken Paxton. alleging that the law violated the first amendment. [10] [11]

Lawsuits enforcing the act

Texas v. TikTok

On October 3, 2024 Ken Paxton sued TikTok for violating The SCOPE Act demanding a trial and for penalties of up to 10,000 dollars per violation. TikTok denies that it violated the law. [12] [13] [14] [15]

Related Research Articles

<span class="mw-page-title-main">Children's Online Privacy Protection Act</span> 2000 American federal cyber law

The Children's Online Privacy Protection Act of 1998 (COPPA) is a United States federal law, located at 15 U.S.C. §§ 65016506.

An age verification system, also known as an age gate, is any technical system that externally verifies a person's age. These systems are used primarily to restrict access to content classified, either voluntarily or by local laws, as being inappropriate for users under a specific age, such as alcohol, tobacco, gambling, video games with objectionable content, pornography, or to remain in compliance with online privacy laws that regulate the collection of personal information from minors, such as COPPA in the United States.

Internet censorship in the United States is the suppression of information published or viewed on the Internet in the United States. The First Amendment of the United States Constitution protects freedom of speech and expression against federal, state, and local government censorship.

<span class="mw-page-title-main">Section 230</span> US federal law on website liability

In the United States, Section 230 is a section of the Communications Act of 1934 that was enacted as part of the Communications Decency Act of 1996, which is Title V of the Telecommunications Act of 1996, and generally provides immunity for online computer services with respect to third-party content generated by its users. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

<span class="mw-page-title-main">Abortion law in the United States by state</span>

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

<span class="mw-page-title-main">Edelson</span> American law firm known for class action lawsuits

Edelson PC is an American plaintiffs' law firm that focuses on public client investigations, class actions, mass tort, and consumer protection laws. Edelson’s cases include class action settlements against Facebook for $650 million (2021), social casino apps for nearly $200 million (2021), and a $925 million verdict against ViSalus (2020.)

<span class="mw-page-title-main">Ken Paxton</span> American politician and lawyer

Warren Kenneth Paxton Jr. is an American politician and lawyer who has served as the attorney general of Texas since 2015. A member of the Republican Party, he previously served in the Texas Senate representing the eighth district and as a member of the Texas House of Representatives.

<i>Florence v. Shurtleff</i> 2012 US federal court case

Florence v. Shurtleff, Civil No. 2:05CV000485, was a case in which the U.S. District Court for the District of Utah issued an order stating that individuals could not be prosecuted for posting adult content that was constitutionally protected on general access websites, nor could they be civilly liable for failing to prevent access to adult content, so long as the material is identifiable by filtering software. The order was the result of a 2005 lawsuit, The King's English v. Shurtleff, brought by Utah bookstores, artists, Internet Service Providers and the other organizations challenging the constitutionality of certain portions of a Utah law intended to protect minors from adult content.

Abortion in Texas is illegal in most cases. There are nominally exceptions to save the mother's life, or prevent "substantial impairment of major bodily function", but the law on abortion in Texas is written in such an ambiguous way that life-threatening or harmful pregnancies do not explicitly constitute an exception. Attempts to clarify and codify these exceptions into law have been rejected by Republican lawmakers in Texas.

<span class="mw-page-title-main">TikTok</span> Video-focused social media platform

TikTok, whose mainland Chinese and Hong Kong counterpart is Douyin, is a short-form video hosting service owned by Chinese internet company ByteDance. It hosts user-submitted videos, which can range in duration from three seconds to 60 minutes. It can be accessed with a smart phone app.

The Biometric Information Privacy Act (BIPA) is a law set forth on October 3, 2008 in the U.S. state of Illinois, in an effort to regulate the collection, use, and handling of biometric identifiers and information by private entities. Notably, the Act does not apply to government entities. While Texas and Washington are the only other states that implemented similar biometric protections, BIPA is the most stringent. The Act prescribes $1,000 per violation, and $5,000 per violation if the violation is intentional or reckless. Because of this damages provision, the BIPA has spawned several class action lawsuits.

<span class="mw-page-title-main">Texas Heartbeat Act</span> 2021 Act of the Texas Legislature on abortion

The Texas Heartbeat Act, Senate Bill 8, is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect on September 1, 2021, after the U.S. Supreme Court denied a request for emergency relief from Texas abortion providers. It was the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade, and the first abortion restriction to rely solely on enforcement by private individuals through civil lawsuits, rather than having state officials enforce the law with criminal or civil penalties. The act authorizes members of the public to sue anyone who performs or facilitates an illegal abortion for a minimum of $10,000 in statutory damages per abortion, plus court costs and attorneys' fees.

Brittany Dawn Nelson is an American former businesswoman and social media personality. She gained attention in 2019 as an online fitness instructor and self-claimed nutritional expert who offered services through her company, Brittany Dawn Fitness LLC. She promoted diet plans, individualized fitness instruction and other products that were allegedly not received by customers. The controversy led to a lawsuit filed by the Texas Attorney General against Dawn for misleading Texas consumers about her services.

Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, 603 U.S. ___ (2024), were United States Supreme Court cases related to protected speech under the First Amendment and content moderation by interactive service providers on the Internet under Section 230 of the Communications Decency Act. Moody and Paxton were challenges to two state statutes – enacted in Florida and Texas, respectively – that sought to limit this moderation. In July 2024, the justices vacated the lower-court decisions in both cases due to both courts failing to perform a full First Amendment assessment of the laws, and remanded them for further consideration.

NetChoice is a trade association of online businesses that advocates for free expression and free enterprise on the internet. It currently has six active First Amendment lawsuits over state-level internet regulations, including NetChoice v. Paxton, Moody v. NetChoice, NetChoice v. Bonta and NetChoice v. Yost.

TikTok has sparked concerns over potential user data collection and influence operations by the Chinese government, leading to restrictions and bans in the United States.

<span class="mw-page-title-main">Utah Social Media Regulation Act</span>

S.B. 152 and H.B. 311, collectively known as the Utah Social Media Regulation Act, are social media bills that were passed by the Utah State Legislature in March 2023. The bills would collectively impose restrictions on how social networking services serve minors in the state of Utah, including mandatory age verification, and restrictions on data collection, algorithmic recommendations, and on when social networks may be accessible to minors.

<span class="mw-page-title-main">Social Media Parental Notification Act</span>

The Social Media Parental Notification Act is a bill implemented by Ohio's governor that requires online companies to obtain parental consent in order for a minor under the age of 16 to use the platform.

TikTok has been involved in a number of lawsuits since its founding, with a number of them relating to TikTok's data collection techniques.

<span class="mw-page-title-main">Protecting Kids From Social Media Act</span>

Protecting Kids on Social Media Act or HB 1891 is an American law that was created by William Lamberth of Sumner County, Tennessee and was later enacted by Tennesse's Governor on May 2, 2024. The bill requires social media websites such as X, YouTube, TikTok, Facebook and others to verify the age of users and if those users are under 18, they must have Parental Consent.

References