Why Utahns might need to show ID in order to download apps

Yahoo

29-01-2025

Lawmakers on Utah's Capitol Hill advanced a bill that would require digital app stores to verify the ages of users in an effort to protect underage Utahns from accessing potentially harmful content and having personal data collected by apps.
The bill is similar to the state's previous attempts to require age verification on social media platforms, though several opponents said the bill opens kids and families to even more invasive data collection while potentially violating constitutional free speech protections.
Sen. Todd Weiler, R-Woods Cross, presented his proposal to the Senate Transportation, Public Utilities, Energy and Technology Committee Tuesday, comparing app privacy agreements to car rental agreements — saying most parents would never allow their children to sign agreements with a car rental company.
"You would never let your child or your grandchild enter into a legally binding contract, and yet, we parents are doing this every day by allowing our children to carry around smartphones with apps that can be easily downloaded," he said.
Weiler's SB142 — also known as the App Store Accountability Act — is similar to a federal piece of legislation introduced last year by Utah Sen. Mike Lee. It requires app stores, such as the Apple's iTunes or Google's Play, to verify the ages of users and sort them into one of several categories: children under age 13, younger teenagers between ages 13-15, older teenagers aged 16 and 17, and adults.
If a minor in Utah tries to create an account with an app store, Weiler's bill would require that they associate with a parent account before being allowed to download apps or make in-app purchases. The bill prevents app store providers from entering contracts with minors without parental consent and requires app developers to enforce any age restrictions on their apps.
The proposal requires the state Division of Consumer Protection to create standards for age verification and allows parents of harmed minors to sue over violations of the bill.
Several members of the public spoke for and against the proposal — including three teenage girls who shared personal experiences with social media use.
Rachel Williams, 16, spoke in favor of the bill, saying her parents closely monitor her phone. "Unlike other kids, I don't mind. It keeps me safe," she said.
Some opponents, however, said the bill could prompt lawsuits over freedom of speech rights. David McGarry, with the Taxpayers Protection Alliance, said requiring age verification "would create acute privacy-related dangers for children," adding that he believes the measure is unconstitutional.
He said it violates the First Amendment, particularly the "rights of adult users forced to submit sensitive personal data as a precondition to accessing constitutionally protected speech online."
Amaya Mueller, with the Utah-based Sutherland Institute, disagreed, sayingt the bill "empowers parents" without restricting free speech.
"This bill does not prohibit app developers from creating content," she said. "This bill would simply prohibit app stores from giving children free reign access to potentially harmful app downloads," Mueller said.
Weiler said he doesn't believe his bill is "any less constitutional than asking for an ID at a 7-Eleven when you buy a six-pack of bear."
None of the app stores or social media platforms directly impacted by the bill addressed the committee, but several tech industry groups weighed in, including NetChoice, a trade association that has sued Utah over its social media regulations. Justin Hill, a representative of NetChoice, argued against SB142, saying there are already other tools for parents to monitor and regulate their children's app usage.
Caleb Williamson, with the App Association, also spoke against the bill, saying it would potentially harm small businesses that develop apps because they will have to navigate the new regulations imposed by the state. The App Association receives a majority of its funds from Apple, which operates one of the two most popular app stores, per Bloomberg.
State lawmakers have been focused on mitigating the alleged harms of social media platforms on minors for several years, and have made efforts to require that social media platforms check the ages of users and turn on parental controls for underage users.
Large social media platforms have largely been resistant to Utah's efforts, but Meta — the owner of Facebook and Instagram — has lobbied to shift age verification responsibilities to the app stores themselves, according to the Washington Post. Supporters of app store verification argue it evens the playing field for all apps that might have age-restricted material and the approach is thought to be a way around free speech issues raised by other social media laws.
In a Deseret News op-ed published Monday, Weiler and several co-authors alleged that app stores "routinely treat kids like adults, steering them into accepting exploitative terms of service with billion-dollar corporations," which they said can potentially "give apps sweeping access to personal data — photos, contact lists, exact locations, even microphones and cameras — all without meaningful consent or oversight."
SB142 cleared the committee with unanimous support and now heads to the Senate floor for consideration.