Disruption

Utah is first to pass app store age verification law

Similar bills have been introduced this year in several other states.
Apple’s App Store icon. (AP Photo/Patrick Semansky, File)

Utah lawmakers gave final approval Wednesday to a first-in-the-nation requirement that app stores verify the age of users as part of an effort to ensure age-appropriate experiences online.

The vote delivers a major victory to Meta and other social media platforms that have lobbied to put the onus of age verification on Apple and Google, which operate the two largest app stores.

“Parents want a one-stop shop to verify their child’s age and grant permission for them to download apps in a privacy-preserving way,” Meta, Snap and X said in a joint statement after the final vote. “The app store is the best place for it. … We applaud Utah for putting parents in charge with its landmark legislation and urge Congress to follow suit.”

The push for app store age verification has put social media companies at odds with Apple and Google over who should be responsible for age-gating apps. The internecine fight comes as state lawmakers in both red and blue states are increasingly looking for ways to regulate the internet to make it safer for children, amid rising rates of depression and anxiety as well as crimes such as sextortion.

Read more: Lawmakers, Big Tech battle over youth online safety

Under the Utah bill, app store providers would have to verify a user’s age category, share that information with app developers, and require parental consent for minors to download or purchase an app or make an in-app purchase.

The measure, which Gov. Spencer Cox (R) is expected to sign, would also place obligations on app developers. Violations would constitute a deceptive trade practice. Parents could sue for damages to their children.

“I’m very pleased that the vast majority of my colleagues in the Utah legislature voted to protect children from accepting sometimes predatory terms and conditions when downloading apps that may collect and sell their data,” Sen. Todd Weiler (R), the bill’s sponsor, said in a statement. “As a society, we shouldn’t encourage children to enter into legally binding contracts.”

Weiler previously said he was seeking to “restore parental authority” and protect kids from harmful online content.

Apple and Google did not immediately respond to a request for comment. Apple announced last month it will allow parents to voluntarily share their child’s age range with app makers.

Morgan Reed, president of ACT The App Association, encouraged Cox to veto the bill. The App Association, which represents app makers and gets funding from Apple, has warned that app store age verification raises legal and constitutional issues.

“It is unfortunate that a handful of bad actors have pushed forward legislation that allows them to escape responsibility for providing a safe environment for kids,” Reed said in a statement. “As written, this bill puts additional burdens on parents and Utah small businesses without making kids any safer. We are hopeful that Governor Cox will support Utah parents and businesses by vetoing this misguided legislation.”

Bills to require app stores to verify users’ ages have been introduced this year in several states including Alabama, Alaska, Hawaii, South Carolina and South Dakota.

The passage of Utah’s bill is likely to serve as a momentum boost for bills in other states. But the Utah measure, if it’s enacted, could also draw litigation.