A bill that mandates app stores like Apple and Alphabet’s Google app stores verify the age of users may become law in Texas. The legislation passed both chambers of the state legislature and awaits Gov. Greg Abbott’s signature.
The bill sparked debate over balancing free speech rights with the protection of children’s online safety.
What does the bill do?
Known as Senate Bill 2420, the legislation would require app stores to verify that the device user is at least 18 years old. If the user is under 18, they will need parental consent to download apps or make in-app purchases. The legislation doesn’t explicitly target a specific company. Instead, it requires all app stores to follow age and parental consent rules.
What are the penalties for violation?
The legislation, also known as the App Store Accountability Act, does not impose criminal penalties. However, the legislation does allow for civil lawsuits against app store owners or developers who are found to have violated the rules. Breaking the law could result in fines, a payout for damages or a court-ordered injunction.
Broad support among Americans
Age verification and parental consent for using social media apps have widespread support in the United States. A 2023 Pew Research Center poll found that 81% of Americans support mandating parental consent for children to create social media accounts. The same poll found that 71% of Americans support age verification before a person can use a social media platform.
Other states and countries that have taken action
Multiple states have also called for more regulations on social media. They cite self-harm, suicides and mental health issues among children who use social media. Australia banned the use of social media for people under the age of 16, and Utah passed a law earlier this year that mandates Apple verify a person’s age when they sign up for an account. The law took effect on May 7 but is expected to be challenged in court.
Apple and Google’s response
Apple CEO Tim Cook is against such laws. Cook has reached out to Abbott, asking him to amend or veto the bill on his desk, according to the Wall Street Journal. Abbott has not said whether he will sign the legislation or not.
Apple and Google have both argued that it is the individual app owners’ responsibility to impose age and parental consent restrictions, not the app stores themselves. Apple states that while it is against age verification for app stores, it does support age ratings for apps and the ability for parents to monitor and control purchases within apps and on its store. However, the tech giant says they do not want to get involved with sensitive data that would be needed to verify a user’s age. Cook contends that it is the responsibility of parents, rather than lawmakers, to monitor their children’s device usage. Apple also said it isn’t reasonable to mandate age requirements for app stores because only certain apps require age restrictions.
An Apple spokesperson told The Journal, “If enacted, app marketplaces will be required and keep sensitive personal identifying information for every Texan who wants to download an app, even if it’s an app that simply provides weather updates or sports scores.”
Lawyers for companies like Meta also argue that bills requiring social media firms to verify users’ ages are unconstitutional because they violate both free speech and privacy. They claim that if social media platforms require age verification, then the scanning of government-issued photo identification cards would be the next step.
Apple and Google’s proposal
Apple and Google have instead proposed that information on age be shared only on apps that require it, rather than all apps. Google’s approach also doesn’t appear to let social media companies off the hook for alleged harm to children through their platforms.
Senior Director of Government Affairs at Google, Kareem Ghanem, told Reuters, “We see a role for legislation here.” Ghanem said that Texas should instead go after other companies directly responsible for “harm to kids.”
Ghanem added, “It just got to be done the right way, and it’s got to hold the feet of [Mark] Zuckerberg and the social media companies to the fire because it’s the harms to kids and teens on those sites that’s really inspired people to take a closer look here and see how we can all do better.”
Supporters of age restrictions argue that bills like those in Texas and Utah better protect children by allowing parents to monitor their children’s viewing habits and promote a safer environment for kids.
