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Your Child's Digital Shadow: The Legal Reckoning for Parent Influencers

New laws are ending the era of sharenting. Here's what changes on January 1st.

Rebecca Martinez, JD
••11 min read
Conceptual image representing digital privacy and child protection

By midnight on December 31st, family vloggers in California will need to have set aside 65% of their earnings in trust funds for the children appearing in their content. Minnesota follows in July. The message is clear: the free ride is over. Your child is not your content mill.

Your Child's Digital Shadow: The Legal Reckoning for Parent Influencers

By midnight on December 31st, something significant changes for family vloggers in California.

If a child appears in at least 30% of a creator's monetized content, 65% of the earnings must now be deposited into a trust fund that the child can access at 18.

Minnesota's version of the law kicks in next July.

The message from lawmakers is unambiguous: your child is not your content mill.

The era of consequence-free sharenting is over.

The Numbers Behind the Reckoning

For years, the data on sharenting painted a troubling picture:

  • 77% of parents had historically shared photos or information about their children on social media
  • By age 5, the average child had 1,500 photos of themselves online
  • Parents posted about their children an average of 300 times per year

Then something shifted.

In 2025, parents started deleting. Entire Instagram accounts scrubbed. Facebook albums set to private. The public display of childhood moved behind closed doors.

What changed? Three things happened at once.

The Three Catalysts

First: The Gen Z Testimonials

Young adults who grew up as 'sharenting subjects' started speaking out.

They described the psychological burden of having their entire childhood documented and monetized without consent. The inability to control their own narrative. The humiliation of employers or romantic partners finding potty training photos or tantrum videos.

One 22-year-old described it as 'identity theft by my own parents.'

The phrase that kept appearing: loss of 'impression management.' In sociology, this means the ability to control how others perceive you.

These young adults never had that option.

Their parents had already written their story, posted their worst moments, and created a digital shadow that followed them into adulthood.

Second: The Safety Threats

Three distinct dangers emerged that parents couldn't ignore:

Digital Kidnapping: Strangers downloading photos of children and reposting them in disturbing contexts. Role-playing as the parent. Creating fake accounts. Some photos ended up on sites no parent wants to imagine.

Identity Theft: The realization that a child's full name, birth date, and location (often visible in metadata) creates a permanent vulnerability. By the time these kids turn 18, their identity has been exposed for years.

The Permanence Problem: Screenshots live forever. Even deleted posts get archived. The internet doesn't forget. One embarrassing video can resurface years later, context stripped away, weaponized.

Third: The Legal Hammer

Legislators looked at the family vlogging economy and saw what it actually was: child labor.

The comparison to 1930s Hollywood was obvious. Child actors performed, parents took the money, and by the time the kids reached adulthood, there was nothing left.

That's why the Coogan Law was passed, requiring 15% of a child actor's earnings be held in trust.

Family vloggers had been operating in a loophole. They weren't 'actors.' They were just living their lives.

Except their lives were the product. The kids were the draw. And the parents were getting rich.

Lawmakers decided: not anymore.

The California Model: AB 1064

California's law (Assembly Bill 1064, the LEAD Act) does more than protect kidfluencer earnings.

It establishes fundamental digital rights for minors:

Ban on AI Training Data: Companies cannot use children's personal information to train AI models without explicit parental consent. This includes facial recognition, voice data, and behavioral patterns.

Prohibition on Emotion Detection: Technology that analyzes children's emotional states is now illegal. This kills the emerging 'emotion-responsive advertising' industry before it could target kids.

LEAD for Kids Standards Board: An oversight body with authority to regulate how AI systems interact with children. This board can mandate safety features, ban harmful applications, and impose penalties.

The signal is clear: children's data is not up for grabs.

The 'Right to Delete'

Separately, California's 'Eraser Law' (already in effect but gaining traction in 2025) gives minors the power to demand permanent removal of content they posted or that was posted about them.

Colorado has similar provisions.

This is the operationalization of the 'Right to be Forgotten,' adapted for American law.

The practical impact?

Teenagers are using these laws to scrub their digital pasts. Embarrassing middle school posts. Photos their parents shared. Videos they now regret.

Law firms have started specializing in 'digital reputation cleanup' for young adults. The demand is overwhelming.

The Family Vlogger Fallout

Some family channels have already shut down. The math doesn't work anymore.

If 65% of earnings go to the kids, and you have three kids appearing regularly, that's 195% of your revenue legally required to be set aside.

Obviously, that's impossible.

So creators have a choice:

  1. Stop featuring their children
  2. Operate at a loss (positioning it as 'building their kids' college fund')
  3. Move to states without these laws (for now)
  4. Ignore the law and risk penalties

Early reports suggest most are choosing option 1.

Channels that were 'family lifestyle' content are pivoting to parent-only formats. The kids are off-camera. Sometimes you'll hear them in the background, but they're no longer the product.

A few high-profile family vloggers have posted emotional videos explaining they're 'protecting their children's privacy' by ending the channel.

The comments sections are fascinating. Half the audience is supportive. The other half is angry, feeling betrayed, demanding the content continue.

Which tells you everything about how parasocial relationships work.

These viewers felt entitled to watch these children grow up. They weren't thinking about consent. They were thinking about their entertainment.

The Ethics of 'No-Face' Posting

Not all parents are going dark.

A middle ground has emerged: 'No-Face' sharing.

Parents still post about their parenting journey, but they obscure their child's identity. Emoji over the face. Shot from behind. Cropped to exclude identifying features.

The intent is to share the emotional experience without creating a searchable archive of the child's face.

Some experts argue this is a reasonable compromise. Others say it's performative. If you're still posting about your child's tantrum, the lack of a visible face doesn't protect their dignity.

The conversation has shifted from 'is it okay to post?' to 'whose story is it to tell?'

Parenting is part of your story. Your child's struggle with potty training is part of your story.

But it's also their story.

And at what point does your need to share override their right to privacy?

The Grandparent Problem

Here's the tension point in many families: grandparents.

Parents who have decided to stop posting are now dealing with extended family who don't get it.

Grandma shares photos on Facebook without asking.

Aunt posts birthday party pictures.

Cousins tag the kids in public posts.

Families are having painful conversations about boundaries. Some parents have issued blanket rules: 'Do not post my child. Ever.'

Others have compromised: 'Private accounts only. Ask first. No face shots.'

But enforcing this is exhausting.

One parent described it as 'digital whack-a-mole.' Every time she thinks she's got everyone on the same page, someone posts without thinking.

And the damage is done.

Teaching Consent Early

A new practice has emerged among privacy-conscious parents: asking permission before taking photos.

Even with toddlers.

'Can I take a picture of you?'

If the child says no, they don't take the picture.

This sounds extreme to older generations. Kids don't get to refuse family photos, they argue.

But the intent isn't to give kids veto power over all documentation.

It's to model respect for bodily autonomy and consent.

If you teach a child that their 'no' doesn't matter when it comes to photos, what message does that send about other forms of consent?

The research on this is actually quite compelling.

Children who are taught that they can refuse physical affection (like forced hugs with relatives) show better boundary-setting skills in adolescence.

The same logic applies to photos.

The College Application Problem

Here's something parents aren't thinking about: admissions officers google applicants.

What happens when the first page of results for your 17-year-old is a decade of family vlog content?

Potty training struggles. Meltdowns. Sibling fights. That time they said something racist at age 4 because they didn't know better yet.

All of it indexed. Searchable. Permanent.

College admissions consultant reported a case where a student was denied admission to a competitive program. The unofficial reason? The admissions committee found hours of family vlog footage showing the student in compromising situations.

The student had no control over that content. Their parents owned the copyright. But the student paid the price.

Lawyers predict a wave of lawsuits in the next five years. Adult children suing parents for economic damages caused by childhood social media exposure.

It sounds far-fetched until you realize the legal precedent is already there.

What Happens Next

More states are drafting similar legislation. Washington, Illinois, and New York have bills in committee.

The trend is clear.

European Union's GDPR already provides stronger privacy protections for minors. The U.S. is playing catch-up, but moving fast.

Within three years, experts predict federal legislation.

The family vlogging economy will either evolve or collapse.

Some creators are already pivoting. Instead of showing their kids, they're talking about parenting. Showing toys without showing faces. Creating animated characters based on their family dynamics.

It's less intimate. Less authentic (supposedly).

But it's legal.

And it respects the fundamental principle that's driving all of this:

Children are not content.

They're people.

With rights to privacy, dignity, and self-determination.

Rights their parents don't get to sign away for ad revenue.

What You Should Do

If you've been sharing your kids online:

Audit your digital footprint. Google your child's name. What comes up? Is it something they'd want a future employer to see?

Have the conversation. If your kids are old enough, ask them how they feel about what's been shared. Really listen.

Set boundaries with family. Clear, explicit rules about posting. Enforce them.

Consider going dark. It's not too late to delete. Archive photos privately.

Model consent. Ask before you post. Ask before you take the photo.

Think long-term. That cute story today could be a humiliating Google result in 10 years.

The Bottom Line

The internet is forever.

Your child will grow up.

And they'll remember that you chose to share their most vulnerable moments with strangers.

Or they'll remember that you protected them.

The choice is yours.

But the law is making that choice clearer every day.


Key Laws to Know (2025)

California AB 1064 (LEAD Act): Effective January 1, 2025

  • 65% earnings to trust fund if child in 30%+ of content
  • Ban on AI training using child data
  • Prohibition on emotion-detection tech for minors

California 'Eraser Law' (SB 568): Already in effect

  • Minors can demand removal of content
  • Applies to content they posted or about them

Minnesota Kidfluencer Law: Effective July 2025

  • Similar earnings protection
  • Defines child influencers as child laborers

Colorado Privacy Act (Amended): Effective 2025

  • Enhanced parental consent requirements
  • Right to deletion for minors

More states pending. Check your local laws.

Rebecca Martinez, JD

Technology policy attorney covering digital rights, privacy law, and the intersection of childhood and the internet.