The age of app store users in Texas will shortly be verified by Google and Apple, following the signing of the rule into law by Governor Greg Abbott last week.
The Texas App Store Accountability Act is a continuation of legislation that was enacted in Utah earlier this year, with the exception of the fact that it mandates that the app stores acquire an even greater amount of user data.
App stores will have several months to determine how they will collect this information, as enforcement of the Texas law is scheduled to commence at the beginning of the next year.
The measure was approved by the Texas House and Senate with a supermajority.
It is a component of a more extensive effort to regulate the online environment to better safeguard children.
Some social media companies and legislators are advocating for the establishment of centralized clearinghouses for the verification of users’ ages in app stores.
A smattering of other US jurisdictions have proposed similar legislation.
But the app store administrators, as well as some experts, say the age verification rules could pose privacy hazards and be difficult to enforce.
“We believe there are better proposals that help keep kids safe without requiring millions of people to turn over their personal information,” an Apple spokesperson said in a statement regarding the bill last week.
Apple CEO Tim Cook called Abbott earlier this month to encourage him not to sign the bill as written, according to a Wall Street Journal report.
Governor Abbott’s press secretary, Andrew Mahaleris, made the following statement: “The safety and privacy of Texas children online are still a top priority for the governor.
Texas will provide parents with greater autonomy over the online content that their children can access.”
The Texas bill, similar to Utah’s law, mandates that app stores verify the ages of all users and obtain parental consent before allowing minors to download or make a purchase through an app.
Additionally, they are obligated to disclose their “age categories” child, young adolescent, older teenager, or adult to app developers in order to, at least in theory, provide secure experiences for young users.
However, Texas’ law includes an additional requirement: “The app stores must also verify that the parent or guardian who is approving a minor’s app downloads has the legal authority to make decisions on behalf of the child.”
Google and Apple, the administrators of the App Store, contend that the age verification legislation will compromise the privacy of individuals.
This is due to the fact that all users, regardless of age, will be required to submit sensitive data to verify their age, such as an ID or a facial scan, even if they are only interested in downloading a weather app, which does not require age verification.
Additional personal documentation will be required from parents pursuant to the custody rule.
Legal experts have also expressed apprehension that such laws could violate the First Amendment by compelling adults to choose between providing personal information and accessing “legally protected online speech.”
In the same vein, minors would be obligated to obtain parental consent prior to accessing protected online speech.
Apple and Google have proposed alternative proposals that would entail the sharing of age verification responsibilities between app stores and app developers, as well as the sharability of age data with only the platforms that require it.
Apple has announced the imminent release of a “age assurance” feature that will enable parents to disclose their child’s age range to app developers.
“Importantly, this solution does not necessitate that app marketplaces collect and retain sensitive data—such as passports or driver’s licenses—from all users to verify age,” stated a company spokesperson in a statement last week.
Google did not immediately respond to a request for comment following Abbott’s signing of the Texas law.
Nevertheless, app stores have been urged by certain social media companies, such as Meta, Snap, and X, to be responsible for validating the ages of users.
They argue that this will prevent users from having to share personal information across multiple platforms.
As a result of the intense criticism that online platforms have received for exposing young users to harmful content, including sexual harassment and eating disorder content, the new laws have been implemented.