Congress Pushes National Internet Age Verification Law
▼ Summary
– A new legislative approach gaining traction shifts the responsibility for online age verification from individual apps to the mobile app stores themselves, as seen in state laws and the proposed federal App Store Accountability Act.
– This app store model has garnered support from some tech companies like Meta, Snap, and Pinterest, who argue it simplifies the process for consumers and distributes the compliance burden.
– The approach faces legal challenges, including a First Amendment lawsuit in Texas, and raises privacy concerns similar to those experienced under the UK’s Online Safety Act.
– The bill’s main Senate sponsor, Mike Lee, strongly supports this method but opposes the separate Kids Online Safety Act (KOSA) over fears of federal censorship and its handling of content harms.
– Proponents argue a federal standard is urgently needed to prevent a confusing patchwork of state laws, as demonstrated by variations between laws in states like Utah and California.
A significant shift is underway in how lawmakers aim to protect children online, moving the responsibility from individual websites and apps to the digital gatekeepers themselves: mobile app stores. This strategy, which mandates app stores verify a user’s age and share that data with downloaded applications, is gaining momentum. After emerging in several states, this model has now arrived in Congress as part of a broader legislative package focused on kids’ safety. The proposed App Store Accountability Act represents a pivotal change in regulatory approach, placing the onus for age verification squarely on major platforms like Apple’s App Store and Google Play.
The concept isn’t entirely new, but it gained tangible form this year when Utah became the first state to pass such a law. Several other states quickly followed, creating a patchwork of regulations. The federal bill, introduced by Senator Mike Lee and Representative John James, is now slated for discussion in a powerful House committee. Its arrival coincides with growing industry support, including from companies like Pinterest, Meta, Snap, and X, which have broadly endorsed the app store method.
While a revamped Kids Online Safety Act (KOSA) headlines the larger legislative package, the app store bill exemplifies a policy that has found bipartisan appeal at the state level. Its legal durability, however, is about to be tested. A similar law in Texas faces a lawsuit from tech industry groups, who argue it violates the First Amendment by restricting access to lawful speech. The Supreme Court has previously upheld age verification for adult websites, but applying such requirements universally to all apps presents an untested legal question.
Internationally, broad age verification mandates have sparked controversy. The United Kingdom’s Online Safety Act, which began enforcement in July, has led to user workarounds and raised security concerns over providing official identification or facial scans. Proponents of the app store model argue it could streamline the process and reduce risks by centralizing verification, though privacy experts caution that no system can completely eliminate the danger of exposing sensitive personal information.
Sponsors of the bill describe it as a commonsense measure. Representative Gus Bilirakis calls it a straightforward solution, while Representative James argues it holds large technology firms to the same standard as any physical retailer checking identification. Senator Lee expresses confidence the bill can withstand constitutional scrutiny, a confidence he notably does not extend to the Senate’s version of KOSA. Lee was one of only three senators to oppose KOSA last year, fearing its “duty of care” mandate could lead to political censorship and that its definitions of harm might be influenced by medical associations, a concern he shares, albeit for different reasons, with some progressive groups who worry about censorship of transgender content.
For supporting tech companies, shifting the verification burden to app store operators alleviates pressure from their own platforms and countless other developers. They also contend a unified system is far more user-friendly than requiring separate age checks for every single app, which multiplies data sharing. Senator Lee notes that support from firms like Meta is significant, as it demonstrates broad industry alignment on this specific approach, despite the sector’s frequent clashes with lawmakers.
The two companies most directly affected, Apple and Google, have yet to endorse the federal proposal. Both have historically expressed reservations about mandates requiring them to share user data with developers. Lee acknowledges their pivotal role and expresses hope for their support, noting he was encouraged by recent Apple updates that increased parental controls.
As more states enact their own versions of app store age laws, companies are confronting a complicated array of differing standards. This very fragmentation may drive more industry players to support a single federal rule they can manage. California’s law, for instance, has distinct provisions; it limits enforcement to the state attorney general and does not require app stores to independently verify ages, only to prompt users for a birthdate and pass that signal to developers. These nuances helped secure Google’s endorsement for the California law, though Apple has not followed suit.
Pinterest CEO Bill Ready emphasized the urgency for a national standard in a letter endorsing the federal bill, stating it would reduce regulatory fragmentation and give families one simple place to manage their teenagers’ app downloads. The ongoing legal battle in Texas, whose law is set to take effect in January, may offer crucial insights for any federal version. Senator Lee, however, sees no reason to wait. He is confident in the bill’s legality and constitutionality, asserting there is no cause for delay in moving forward with the legislation as written.
(Source: The Verge)
