The U.S. Supreme Court has denied a Texas law to require app stores to verify the ages of users in a way that would make downloading on the web possible.
The decision will not block the Texas bill but rather allow for legal challenges and might pave the way for similar laws across the country.
The new law puts new responsibilities on major app store operators like Apple and Google. Under the legislation, app stores would have to verify users’ ages and whether parents approved of downloading and purchasing apps to allow minors to download or buy them.
Child protection advocates say the measure increases protection for kids because parents will be given more control in the digital content they give their children access.
Young people’s access to harmful or inappropriate online content has increased in the past decade and so has the attention of consumer safety professionals who say it is the law to address that.
With social media platforms and gaming apps and messaging services deeply embedded in young people’s lives, legislators are having to take steps in order to make it through the digital age more secure.
But tech companies and digital rights organizations are opposing it. They say that mandatory age verification would invade a user’s privacy and involve them in sharing sensitive personal information.
They also say that app store-based rather than app developer-based requirements are more difficult to be compliant with and more expensive to execute.
Apple and Google have voiced concerns that the law shifts responsibility to developers who are responsible for the creation of the content and user interaction.
And industry groups have said that broad age verification mandates may lead to security risks if personal identification data is gathered and stored incorrectly.
But the Supreme Court's decision not to intervene at this stage does not establish the law as constitutional. So the Texas law is still in place while the lower courts weigh all the legal matters.
And future court decisions could help state governments to regulate digital marketplaces in a way that doesn’t violate constitutional rights or federal laws.
The Texas law is in line with a national trend toward more regulation of online platforms.
A number of states have introduced or considered similar measures to screen children from harmful digital experiences such as age verification requirements, parental consent rules, and restrictions on targeted advertising to minors.
If similar regulations expand nationwide, the law may require updates to onboarding processes and compliance procedures for app developers.
Parents might need more control over children’s app downloads, while privacy advocates want solutions that protect kids without extensive data collection.
The technology industry is watching the case closely and looking forward to what the tech industry will do.
The final decision is a game changer for the country’s laws, which could shape future legislation in this country and how it will change the balance between child safety, digital privacy, and the responsibilities of technology companies.
The Supreme Court’s decision indicates that state-led attempts to regulate online platforms for the purpose of legal and policy will continue to take center stage as well.
Whether the Texas law would be a model to other states or would face constitutional challenges in future court proceedings, its impact on the digital ecosystem is going to be significant.
