State AGs Push Kids' Online Safety Amid Federal Stalemate

State attorneys general in Nevada, Alabama and West Virginia secured three Roblox settlements requiring age verification via estimation technology or IDs. Probes target Meta, TikTok, Discord, Snap and Reddit in seven states, and Florida opened a criminal investigation of OpenAI’s ChatGPT after a shooter reportedly used it.

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Congress has not passed a kids-online-safety bill despite concern. Procedural disputes and House-Senate clashes have stalled action, leaving Section 230— which shields platforms from liability—under renewed scrutiny after jury verdicts held Meta and Google accountable for design choices that endanger children.

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• John Cusey (Institute for Families and Technology) highlights urgency.

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• West Virginia AG John B. McCuskey stresses AGs’ role versus Congress.

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• Florida AG James Uthmeier launched the ChatGPT probe.

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In April 2024, Alabama AG Steve Marshall secured a $12.2 million Roblox settlement, and three Roblox agreements were announced, followed by Florida’s investigation and probes in seven states.

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Roblox reaches 50 % of U.S. minors under 16; the Nevada settlement mandates age verification for all users. At least seven states are probing five platforms, and two jury verdicts have pierced Section 230 protections for platform-design claims.

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The measures aim to shield children from sexual exploitation, self-harm advice, and AI-generated content that can facilitate crimes. State actions are faster than stalled federal reforms but risk a patchwork of rules for tech firms.

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AGs cite consumer powers to fill the congressional void. Senator Durbin called recent verdicts a “dam breaking” for platform accountability; Senator Hawley urged Congress to “take a leap from their playbook.” Industry groups warn age verification could jeopardize privacy.

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Privacy advocates argue that age-verification mandates force users to surrender personal IDs, raising data-security risks. Florida’s AI “bill of rights” faces legislative pushback over feasibility and potential stifling of innovation.

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States differ on age-verification methods—some favor ID checks, others prefer estimation tools—leaving no national standard. Debate persists on whether Section 230 reform alone can close safety gaps or if broader regulation is needed.

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• “What we like to say is that Republican attorneys general act and do, and Congress talks and doesn’t,” — John B. McCuskey, West Virginia Attorney General

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• “If ChatGPT were a person, it would be facing charges for murder,” — James Uthmeier, Florida Attorney General

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• “Thanks to” Torrez, “lawsuits like those in New Mexico and California will keep on coming,” Durbin said.” — Dick Durbin, U.S. Senator (Illinois)

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• “Congress has to do its way.” — Josh Hawley, U.S. Senator (Missouri)

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More states are expected to pass child-safety statutes and expand investigations, while Congress faces pressure to enact uniform legislation. Ongoing court cases will test Section 230’s scope, and Florida’s AI probe could set precedent for regulating generative-AI tools used by minors.

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