In today’s complex digital landscape, and after the fall of Roe, well-intentioned bills can create troubling unintended consequences in terms of their impact on digital privacy and reproductive rights. This is the case with SB-158, “Social Media Protect Juveniles Disclosures Reports.” Bluntly, at a time when the right to reproductive privacy is no longer guaranteed in many states, and will continue to be endangered in the future, bills like this are a risk to patients and providers. SB-158 must be significantly amended.

One concern with SB-158 stems from its mandate for social media platforms to collect and retain extensive user data. The bill opens the door to misuse of this information, particularly if an anti-abortion government assumed power in the state legislature or governor’s mansion. If abortion were criminalized here as it is in so many other states, the law could be used to target people who have abortions, provide abortions or information about abortions. So though Colorado is and will be a leader in enshrining bodily autonomy and the right to an abortion, this legislation paves the way for individuals’ digital footprints to be used against them. If this seems unthinkable in Colorado, remember it was once unthinkable in the rest of the country for Roe v. Wade to be overturned.

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This legislation is well-intentioned and has a goal we support, protecting minors online. But it inadvertently jeopardizes the privacy rights of all users. It could pose severe restrictions on access to essential reproductive care services as well as information about these services. By casting an excessively broad net under the guise of protecting minors, unless SB-158 has significant amendments, it could affect the freedoms we in the reproductive rights community have fought so hard to safeguard.

For many, especially in more restrictive states, the internet is a lifeline for accessing safe and confidential information about reproductive health options, including abortion services. SB-158 introduces a vague and overly broad categorization of sexual material which could be misinterpreted to include educational and informational content on reproductive health. This opens the door for anti-choice advocates to use SB-158 to censor critical reproductive health information under the guise of protecting minors, as is currently happening in other, more restrictive states, or to undermine existing protections in SB-188, which guaranteed abortion access in Colorado.

Supporters of SB-158 argue the bill is necessary to protect minors from the risks associated with social media use. Though the intention to protect minor internet users is a noble one we agree with, the bill’s broad and invasive approach is not the solution. It overlooks the critical importance of access to information, especially concerning one’s health. Effective digital literacy and privacy education, coupled with robust, non-invasive parental controls, can achieve the goal of protecting minors without compromising Coloradans’ access to necessary health information and infringing privacy rights.

Colorado, known for its progressive stance on reproductive rights, has pioneered legislation like SB-188, which protects access to reproductive health care. This legislative approach respects individual privacy and ensures continued access to essential services, setting a benchmark for other states. Unless SB-158 is amended, it could risk undermining these progressive measures by imposing data collection that could be weaponized against those seeking reproductive health services.

We must all work to ensure minors have age-appropriate experiences online, but SB-158 has too many unintended consequences and must be amended. We must strive for legislation that safeguards both our young population online and the privacy and rights of all individuals to obtain reproductive health information. The potential risks of SB-158 are too significant to overlook, and as such, it must be amended.

Kiera Hatton Sena is organizing and political Director of COBALT. Hazel Gibson is abortion and reproductive rights director at Progress Now.