Age verification on operating systems?

Awaiting Vote
Bill Summary

The Parents Decide Act looks to instruct operating system providers to implement an age verification system for all users, which will require users to provide their date of birth to set up an account on the operating systems and use them. If a user is under 18-years-old, a parent or legal guardian will need to verify the date of birth of the user and will be permitted to control what apps the user can access. Additionally, this bill will allow app developers to access any necessary information collected by the operating system for the purpose of following regulations enacted by this bill. Sponsor: Rep. Josh Gottheimer (Democrat, New Jersey, District 5)
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Opponents say

•      "This is child safety as a delivery mechanism for mass identification. The pattern is familiar by now. A genuine harm gets named, a sympathetic victim gets centered, and the solution proposed reshapes the digital lives of three hundred million people who were not the problem. The Parents Decide Act follows that template with unusual precision. It takes the real suffering of real children and uses it to justify building a national identity layer underneath every device sold in the country, administered by two private companies, with the details to be filled in later. The mandate sits in Section 2(a)(1), which obligates providers to “Require any user of the operating system to provide the date of birth of the user” both to set up an account and to use the device at all. Adults included. There is no carve-out for grown users, no opt-out for people who simply want to turn on a phone without handing a date of birth to Apple or Google first. The age check is the entry fee for owning a computer. What happens to that data afterward gets handed off to the Federal Trade Commission to sort out later." Source: Rick Findlay, Contributor of Reclaim The Net


•      "I am contacting you today urging you to oppose H.R. 8250, the Parents Decide Act. While I support the goal of keeping children safe online, this legislation takes the dangerous and wrong approach by introducing severe privacy and regulatory risks. By requiring operating system providers to collect and verify the dates of birth for all users to create accounts or use devices, this bill mandates the mass collection of sensitive personal data. This creates an unprecedented "honeypot" of personal information, increasing the risk of catastrophic data breaches and identity theft. Furthermore, forcing operating systems to build pipelines that share this verification data with third-party app developers is a massive regulatory overreach that creates complex security vulnerabilities. Finally, the wording is so broad that it would apply to every computer system, which is impossible from an engineering perspective. We cannot put verification systems on lightweight or air-gapped systems. We should not have to sacrifice the fundamental data privacy of every American - including children - to address online safety. And we should not be burdening device manufacturers with implementing this ill-thought-out bill. I respectfully ask that you reject H.R. 8250 and instead focus on solutions that empower parents without mandating invasive data collection. I look forward to your response on this critical issue." Source: A verified voter in Hiawatha, IA

Proponents say

•      "Age verification technologies are some of the most child-protective technologies to emerge in decades. Our statement incentivizes operators to use these innovative tools, empowering parents to protect their children online." Source: Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection


•      "Using age attestation to determine a user’s age and the discretionary use of filters are ineffective at blocking children from pornography websites or preventing underage children from creating social media accounts. Filtering and blocking software is no longer the least restrictive means to achieve the government’s compelling interest to protect children online due to the software’s ineffectiveness, as well as advances in age-verification technology. Age verification is the only solution that will consistently keep children under age 13—or any older age set by legislators—off social media and minors off pornography websites. Despite Big Tech’s resistance to state-led age-verification requirements and because websites and applications transcend state lines, federal legislation is needed to require age verification on the platform and operating system or app store level." Source: Annie Chestnut Tutor, Policy Analyst for the Center for Technology and the Human Person at the Heritage Foundation


•      "I’m a gay man, and I’ve had LGBT groups in different states up in arms, and I’ve had to go and see them and say, ‘Look, I wouldn’t be supporting this if I thought it’s a problem for us.’ Now, that doesn’t mean to say that you can’t do age verification badly and you can’t design it maliciously. That’s why we want lots of regulation, audits, certifications, checking against standards, that sort of thing, in the same way as your bank is regulated." Source: Iain Corby, Executive Director of the Age Verification Providers Association