Beyond Sharenting

Abstract

Sharenting—the practice of parents sharing information about their children online—has become mainstream in American society. While most forms of sharenting may be considered benign or even beneficial, some parents harm or exploit their children when sharing online. For example, “mom-influencers” often violate their children’s privacy in their attempts to attract followers to their social media accounts. While privacy concerns attend to more traditional forms of parental sharing, we are only beginning to understand the dangers and impacts of widespread exposure of children on social media.

This Article is the first to propose a welfare model of child protection to address exploitative and harmful parental online conduct. The state, through its parens patriae power, already regulates parents who harm children in the brick-and-mortar world. The state must exercise that same power to protect children in the virtual world. This Article offers comprehensive solutions grounded in constitutional law principles that balance the parental right to control the upbringing of their children and to free expression with the state’s interest in protecting vulnerable children from harmful and exploitative online conduct. When parents go “beyond sharenting,” the state must be prepared to step in and protect vulnerable children.

DRAFT – please email Professor Steinberg before citing at [e-mail].

Keywords: Sharenting, online sharing, social media, child protection laws, oversharing, vlogging, children's privacy, child abuse, children's rights