Texas' SCOPE Act Puts Focus On Social Media And Minors

Texas has joined Arkansas and Utah as the third state to impose requirements on social media accounts for those under 18. Namely, with the Securing Children Online through Parental Empowerment Act ("SCOPE Act"), Texas will place requirements on "digital service providers." The law goes into effect September 1, 2024. It does not provide for a private right of action. Instead, enforcement will be by the Texas attorney general.

Under the law, a digital service provider is not only a "website, application, software, or program" but also an entity that determines the "purpose and means of processing" users' personal information. Unlike the Utah law, there is no user or monetary threshold. The law does have some exemptions. Notably for most, sites that generate content rather than serving as a platform for others to post content and user content (like comments and chat) are incidental, are exempt. Exemptions also exist for small businesses,