An Internet "Delete" Button?

The BBC reports that California recently passed SB 568, which is scheduled to take effect in 2015.  Among other things, the bill requires that websites permit children under the age of 18 to remove material that those children post on the websites.  Common Sense Media, a nonprofit, writes in support of this bill, noting that children are likely to post material they will later regret.  Jim Steyer, the organization's CEO, writes that kids "sorely need" an Internet "erase" button.

Here is the relevant text of the bill:

22581. (a) An operator of an Internet Web site, online service, online application, or mobile application directed to minors or an operator of an Internet Web site, online service, online application, or mobile application that has actual knowledge that a minor is using its Internet Web site, online service, online application, or mobile application shall do all of the following:(1) Permit a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application to remove or, if the operator prefers, to request and obtain removal of, content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the user.(2) Provide notice to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application that the minor may remove or, if the operator prefers, request and obtain removal of, content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user.(3) Provide clear instructions to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application on how the user may remove or, if the operator prefers, request and obtain the removal of content or information posted on the operator’s Internet Web site, online service, online application, or mobile application.(4) Provide notice to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application that the removal described under paragraph (1) does not ensure complete or comprehensive removal of the content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user.(b) An operator or a third party is not required to erase or otherwise eliminate, or to enable erasure or elimination of, content or information in any of the following circumstances:(1) Any other provision of federal or state law requires the operator or third party to maintain the content or information.(2) The content or information was stored on or posted to the operator’s Internet Web site, online service, online application, or mobile application by a third party other than the minor, who is a registered user, including any content or information posted by the registered user that was stored, republished, or reposted by the third party.(3) The operator anonymizes the content or information posted by the minor who is a registered user, so that the minor who is a registered user cannot be individually identified.(4) The minor does not follow the instructions provided to the minor pursuant to paragraph (3) of subdivision (a) on how the registered user may request and obtain the removal of content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user.(5) The minor has received compensation or other consideration for providing the content.

(For the full text, see here)

I am not sure how much of a difference this law will make.  Most popular websites, like Facebook, allow users to delete material they have posted.  Moreover, section 22581(b)(2) makes it clear that the law does not require that websites delete material posted by minors that is reposted or copied by third parties.  The posts that are most destructive to one's reputation are those that are noticed, copied, and distributed.  

Of course, requiring the law to delete material copied or reposted by third parties would be a logistical nightmare for websites -- especially when it comes to material that goes viral.  Some sites are already worried that this law will discourage websites from marketing themselves to younger users and perhaps restrict minors altogether.

SB 568, while a bit interesting, will probably have very little impact on deterring minors from making dumb decisions about what to post online.  It may, however, confuse and worry websites who may not be sure just how "clear" their "notice" to minors should be.