Full Steam Ahead for States' Age-Verification Bills
State fervor for child online safety bills continued apace this week. Wyoming and Utah approved age-verification measures, while several states advanced bills or introduced them. Kids privacy and online safety have been a major focus for state legislatures this year (see 2502250017 and 2501170053). Accordingly, Privacy Daily is tracking more than 100 of these bills across the country (see map).
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The Oklahoma House Commerce Committee voted 12-2 Thursday to advance a bill requiring social media companies to verify users’ ages to prevent children younger than 16 from having accounts. 16- and 17-year olds could obtain accounts with parental consent. At a previous hearing, HB-1275 sponsor Rep. Chad Caldwell (R) said he took privacy concerns about his proposal into account (see 2502190078). On Thursday, Caldwell said he had made no changes to address opponents’ First Amendment concerns because he disagrees with them. The rep continues talking to social media companies, he said. “I don't know if we're gonna make everybody happy."
"There have been several states ... that have taken this approach,” Caldwell added. “The technology we have today allows us to verify age, to make sure that we are doing this under strict scrutiny that would allow for this to still adhere to the First Amendment protections that have been set forth by the Supreme Court.”
Another Oklahoma child online safety bill unanimously cleared the House Health and Human Services Oversight Committee on Wednesday. Without discussion, the panel quickly voted 14-0 for HB-1388, which would require social media companies to complete data protection impact assessments on how their platforms might influence children. Sponsor Rep. Toni Hasenbeck (R) said at a hearing last month that she based the legislation on a similar measure in New Mexico (see 2502190078).
Earlier this week, the Wyoming legislature passed an age-verification bill that aims to keep kids younger than 18 away from porn and other material deemed harmful. The Senate voted 28-3 Tuesday to pass HB-43. The House voted 59-1 on Jan. 30 for the bill, which exempts ISPs and would provide a private right of action for a minor’s parents or guardians in case of a violation (see 2501310026). The Wyoming Senate president and House speaker signed the bill Wednesday, which clears it to go to Gov. Mark Gordon (R).
Utah’s legislature became the first to require age verification by app stores Wednesday (see 2503050052). Last week, South Dakota enacted a measure requiring adult websites to verify ages (see 2502270067). The Arizona House passed a kids privacy bill on a bipartisan basis Monday (see 2503040027).
Fresh state bills on child online safety surfaced in additional states this week, with several including social media bans for children.
“A child may not use a social media platform,” says HB-3862 by Texas Rep. Todd Hunter (R). Platforms would have to verify users are at least 18. Rep. Jared Patterson (R) filed a similar bill (HB-186) earlier.
In North Carolina, 10 House Republicans, including Majority Conference Co-Chair Jeff Zenger (R), introduced HB-301, requiring social media companies to verify ages and ban kids younger than 14 from creating accounts. Platforms would have terminate any existing accounts and delete all associated personal information for kids that young. Minors who are 14 or 15 would also be banned, unless they get parental consent. In addition, the bill would require websites and apps with “material harmful to minors” to use “either anonymous age verification or standard age verification” to restrict access by kids under 16.
A similar bill appeared in Minnesota. Rep. Elliott Engen and three other Republicans introduced HB-1875 to ban kids younger than 14 from acquiring social media accounts and require companies to terminate existing accounts and delete personal information. Also, like the North Carolina bill, children 14 and 15 could acquire accounts only with parental consent. For other websites with material deemed harmful, HB-1875 requires age verification to ensure users are at least 18 years old. Four Republican senators Monday introduced an age-verification bill focused on porn sites (SB-2105).
Maine Rep. Kenneth Fredette (R) introduced a social media bill (LD-844) Tuesday that similarly bans accounts for kids younger than 14 and allowing them for 14- and 15-year-olds only with parental consent.
Meanwhile, an Iowa social media age-verification bill was renumbered HF-798 Wednesday. The Judiciary Committee passed the bill last week when it was known as HF-278 (see 2502260010).