The SCOPE Act, a Texas measure intended to bolster online safety for minors, has been partially blocked by a recent court ruling. U.S. District Judge Robert Pittman issued an injunction against the act's monitoring and filtering requirements, citing First Amendment concerns. The law, as reported by Click2Houston, was set to take effect on Sunday, September 1, mandating age verification on social media and other provisions aimed at protecting children from harmful and obscene materials online.
While the court's decision halts certain parts of the SCOPE Act, other components remain legally binding. Platforms are still required to implement stricter age verification methods and are barred from collecting geolocation data or enabling targeted advertising towards minors. The Texas Attorney General's office notes that "a violation of the SCOPE Act can come with civil penalties of up to $10,000 per violation and attorneys’ fees," as outlined on the Fox26Houston website.
The Scope Act, also known as the Securing Children Online Through Parental Empowerment Act, places new requirements on digital service providers, particularly social media giants like Facebook, X, and YouTube. Providers must offer tools for parental oversight of their children's online activities, in addition to prohibiting minors from making online purchases. This legislation reflects a broader movement to tighten consumer protections in the digital marketplace, especially concerning products sold through online platforms and marketplaces.
Despite the injunction on parts of the law, the SCOPE Act contains several exemptions. These include exceptions for state agencies, small businesses, financial institutions, and others outlined in Section 509.053(a) of the Act. Service providers solely offering email or direct messaging services are also exempt, unless guilty of the creation of harmful material or other content described by the act. Click2Houston provides details on the exemptions, which aim to balance regulatory measures with the operational realities of various digital services.
The case against the SCOPE Act was mounted by the Foundation for Individual Rights and Expression (F.I.R.E.), which challenged the legislation on constitutional grounds.
