- New social media rules go into 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 went into effect on January 1. Demands that social media platforms implement stronger protections for minors, including limitations on 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 that data without clear parental consent.
The law also targets “addictive” feeding mechanics, requiring platforms to disable features that encourage infinite scrolling and implement tools that limit 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 for enforcing these rules effectively mandate identity checks for everyone, leading privacy-conscious users to seek out the best VPN services to protect their digital footprint.
The legislation, enacted last year, is part of a growing nationwide age verification trend in which states are stepping in to regulate the relationship between Big Tech and younger users.
This isn’t Virginia’s first foray into digital age control, either. The state previously enacted strict age verification requirements for adults-only websites, a move that historically correlates with an increase in VPN use as users try to avoid intrusive ID uploads.
However, this latest expansion into general social media covers a much broader demographic and application range, increasing data privacy risks.
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 reported, the law requires controllers (social media platforms) to prioritize the safety of younger 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 explicit consent.
Additionally, the law introduces a “time limit” approach. Platforms are expected to limit the hours a minor can spend on the app or at least eliminate algorithmic design options, such as auto-playing videos and gamified engagement rewards, that lead to excessive screen time.
While parents may welcome the control, implementation remains complex. To distinguish a “known minor” from an adult, platforms generally have to increase the invasiveness of their age assurance methods.
This often involves estimating age through biometric analysis or requiring the upload of government IDs, measures that privacy advocates say create massive new databases of sensitive information vulnerable to attack.
NetChoice Lawsuit and Privacy Concerns
The promulgation of the law has not gone without response. NetChoice, a trade association representing major tech companies including Google and Meta, has been vocal in its opposition, arguing that such laws violate the First Amendment and compromise user safety.
The organization filed a lawsuit in November, similar to its previous legal battles in the United States. The central argument is that by forcing platforms to verify the age of each user to filter out minors, the State is effectively ending anonymous web browsing.
Security experts have long warned that “age verification” is often synonymous with “identity verification,” creating a data pit for cybercriminals.
We’ve seen federal judges side with these concerns in the recent past, and courts have even blocked similar laws in other states. As we reported, a federal judge blocked Louisiana’s social media age verification law on constitutional grounds. Similarly, courts ruled an Arkansas social media safety law unconstitutional, citing the undue burden it placed on free speech and privacy.
Despite the pending litigation, the Virginia law is now active. For now, social media giants must navigate compliance or risk hefty fines, while Virginia residents may be asked to prove who they are simply to scroll through their feeds.
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