A new Texas law known as the App Store Accountability Act requires operators of mobile phone app marketplaces, such as Apple and Google, to verify users’ ages. The legislation is intended to limit minors’ access to app downloads without parental consent, thus protecting kids from harmful online content.
But implementing the bill may be problematic. Numerous states have passed similar laws, but few have gone into effect due to court challenges. Some, like those in Arkansas and California, have been declared unconstitutional, and a federal judge in Ohio blocked a similar bill.
What Do Smarter Age Verification Frameworks Involve?
- Privacy-preserving age estimation.
- Federated identity frameworks.
- Strict data minimization.
- User transparency and consent.
- Regulatory engagement.
Can We Conclusively Prove Someone’s Age?
Everybody wants to protect kids. We all agree on the motivation for these age verification laws. But the notion that you can verify somebody’s age with certainty is faulty.
When you think of accurately verifying almost anything about anybody, it’s nearly impossible — short of using in-person biometrics. The gold-standard way to actually confirm a person is who they say they are is by obtaining their physical fingerprints or scanning their retina. Think airport security.
But outside of that, verification isn’t going to be 100 percent accurate because some people will actively try to get around those systems. For example, pedophiles trying to get into youth social media circles just need to spoof a digital identification. Is this a complete identity verification? No. The reality is the bad guys are so far ahead of our technologists and governments.
Legal and Operational Challenges of Age Verification
Along with issues related to constitutionality, including First Amendment concerns, other legal and operational problems with age verification include:
Jurisdictional Fragmentation
Operating across all 50 states, app stores face increased complexity and potential conflicts between differing state laws, notably privacy-centric ones (like California’s CPPA/CPRA and others).
Implementation Ambiguity
These laws lack specificity around acceptable verification methods, creating legal uncertainty and potential for non-compliance. Even if it did mandate a specific type of verification, none is perfect.
Liability Shift
Requiring age verification, as the Texas law does, places new responsibilities on app stores rather than on individual app developers, fundamentally altering platform liability norms. The effect would trickle down to app developers.
Technical and Financial Burdens on Businesses
Integrating verification systems will require major infrastructure changes, escalating compliance and engineering costs.
Privacy and Security Implications of Age Verification Laws
Age verification introduces serious issues around privacy and security. What do you do with that information? How is it stored? How is it shared?
The sensitive information required for verification creates new vulnerabilities. This data, once collected, is not easily forgotten; even if platforms don’t store it, its transmission alone increases exposure to cyber threats. The irony is stark: In trying to protect minors, these laws may end up putting their data at greater risk.
As we know, much of our information is already on the dark web from many different data breaches. The reality is that even if you were to burn it, so to speak, that information exists somewhere and can be a target of organized crime, including hackers. Criminals love the idea of these types of age verification laws because they open the door to a treasure trove of information.
Sensitive Data Collection
Effective verification typically requires the collection of personally identifiable information (PII), government IDs, biometric data, etc., which significantly expands data exposure risks.
Storage and Security Concerns
Even temporary retention of such data increases vulnerability to cyber threats, data breaches, and, in the end, fraud.
Impact on User Behavior
Age verification may discourage minors and privacy-conscious users from accessing digital platforms, undermining digital inclusion.
Precedent-Setting Risks
Age verification laws set precedents that have the potential to reshape the digital regulatory landscape far beyond their initial scope. This domino effect can overwhelm businesses, particularly those with limited resources.
State-Level Replication
States follow one another, so even more states will adopt similar laws, intensifying an incomprehensible regulatory patchwork and compliance difficulty.
Federal Legislative Momentum
The state laws might lead to national regulations that could either harmonize the standards or introduce new complexities.
International Conflict
Individual state laws may contradict foreign data protection laws, complicating access to global markets.
Strategic Recommendations for Smarter Age Verification
Given the mounting legal uncertainties, technical burdens and heightened privacy and security risks associated with age verification laws, companies operating digital platforms and app marketplaces should proactively adapt.
Waiting for regulatory clarity or hoping for legislative reversals is not a viable strategy. Implementing thoughtful practices not only helps mitigate liability and avoid costly compliance missteps but also builds trust with users and regulators.
Privacy-Preserving Age Estimation
Use AI-based methods (e.g., facial age detection without storage) to balance verification with user privacy.
Federated Identity Frameworks
Adopt third-party age verification with token-based proof to minimize direct data handling.
Strict Data Minimization
Retain no PII beyond the verification moment; employ end-to-end encryption and anonymization protocols.
User Transparency and Consent
Ensure clear, accessible disclosures and user control over data handling practices.
Regulatory Engagement
Actively participate in policy discussions to advocate for feasible, privacy-compliant frameworks.
While the intentions behind age verification laws are rooted in protecting minors from harmful digital content, their practical application presents legal, operational, and ethical complications. From constitutional concerns to technological limitations, these laws often place outsized burdens on platforms without offering foolproof solutions.
Any sustainable approach to age verification must strike a balance between user safety, privacy rights, and technological feasibility. For meaningful change, policymakers and platform operators should engage in open, informed collaboration. Such partnerships could design regulations that achieve protective goals without undermining values and business interests.
