States are taking the lead in cracking down on Big Tech and artificial intelligence companies accused of failing to protect children online as Congress remains deadlocked.
Attorneys general across the country are using investigations, lawsuits, and settlements to force changes on social media and gaming platforms, moving faster than federal lawmakers who have spent years debating children's online safety legislation.
"Parents are not asking for permission any longer," John Cusey, executive director of the Institute for Families and Technology, told The Hill. "When you talk to them on the state level, they don't care if it's Republican or Democrat."
A major focus is Roblox, the gaming platform popular with children. Alabama, Nevada, and West Virginia all reached settlements with the company over allegations it failed to adequately protect minors.
"Alabama stepped in where others failed to act," Alabama Attorney General Steve Marshall said last week when announcing the state's $12.2 million settlement with Roblox.
Marshall told The Hill attorneys general can force companies to change business practices through consumer protection enforcement.
West Virginia Attorney General John B. McCuskey said states are acting because Washington has shown it will not.
"What we like to say is that Republican attorneys general act and do and Congress talks and doesn't," McCuskey told The Hill. "In order for there to be significant child safety changes, it's going to have to come from AGs and from states, because Congress has proved time and time again that they are incapable of acting in real time on actual problems."
Under Nevada's agreement, Roblox users must undergo age verification through age-estimation technology and government-issued identification. Supporters say age checks are needed to protect children, while critics argue they could raise privacy concerns by requiring users to provide more personal data.
Meta, TikTok, Discord, Snap, and Reddit also face state investigations over child-safety practices.
Artificial intelligence companies are drawing scrutiny as well.
Florida Attorney General James Uthmeier opened a criminal investigation into OpenAI and ChatGPT after saying the suspect in a Florida State University shooting was "assisted" by ChatGPT. His office also said a suspect in the killings of two University of South Florida doctoral students asked ChatGPT about disposing of a body.
"If ChatGPT were a person, it would be facing charges for murder," Uthmeier said on X earlier this month.
"AI is being used to create child sex abuse material, advise kids on how to hurt themselves and commit suicide and carry out heinous crimes," he added.
Recent jury verdicts against Meta and Google have added to pressure on tech companies. The cases targeted platform design rather than user content, potentially weakening the protections tech firms have long relied on under Section 230 of the Communications Decency Act.
Sen. Josh Hawley, R-Mo., said that "Congress should take a leap from their playbook" and "take that as a wake-up call."
New Mexico Attorney General Raúl Torrez compared the fight against Big Tech to the 1990s tobacco litigation, saying, "this is our moment."
Cusey said state officials may be more responsive because they are closer to parents and voters.
"You probably do get a more responsive state-level government at that point because I do think they're closer, and they're listening, reacting to the political signals there," he said.
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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