South Dakota Bill: App Stores May Need Age Verification for Minors

South Dakota lawmakers are considering a bill that would require mobile app stores to verify the ages of users, a move proponents say is designed to protect children online. House Bill 1275 passed a key committee on Wednesday and is now headed to the full House for consideration.

Legislative Action and Key Provisions

The House State Affairs Committee endorsed House Bill 1275 with an 8-3 vote. The bill would mandate age verification by mobile app stores, require parental approval for app downloads by minors, and establish age ratings for apps. Representative John Hughes, a Republican from Sioux Falls and the bill’s sponsor, stated that the legislation “gives parents of minor children a simple, private way to keep their kids safer online” and “establishes guardrails at the digital gateway.”

Did You Know? What we have is the second attempt in as many years by South Dakota lawmakers to place the responsibility of age-gating on app stores.

Growing Trend in State Legislatures

This proposal is part of a broader national conversation about protecting children online. Several states, including Texas, Utah, Alabama, and Louisiana, have already endorsed similar legislation. Lawmakers in South Dakota previously considered a similar bill last year, but it did not pass. The current bill gained momentum after other states began to act.

Industry Response and Concerns

The app-based age gating proposal has drawn support from companies like Meta, the parent company of Facebook and Instagram. However, Apple and Google, the operators of the largest app stores, oppose the bill. Social media platforms argue that app stores are already well-positioned to protect children, as they often have access to credit card information for age verification. App stores contend they already offer parental control features and that app developers should be responsible for protecting children.

Expert Insight: The debate over this bill highlights a fundamental tension between parental control, individual privacy, and the responsibilities of technology companies. The potential for legal challenges, as seen in Alabama, underscores the complexity of regulating online access.

Opponents, including Doug Abraham, a lobbyist for The App Association, argue the bill is an invasion of privacy, potentially requiring all South Dakotans to provide identification to access apps. Kouri Marshall, a lobbyist for a tech coalition called Chamber of Progress, warned that the bill could lead to costly legal battles, citing a similar lawsuit in Alabama alleging First Amendment violations.

Arguments in Favor of the Bill

Supporters, like Norman Woods of Family Voice Action, countered that sharing driver’s license data is not necessary, as credit card information can often be used for age verification. Representative Leslie Heinemann, R-Flandreau, argued that the potential legal fees are worth the effort if the bill protects children from harmful content or online predators. Representative Erin Healy, D-Sioux Falls, voiced opposition, citing existing parental control tools.

Frequently Asked Questions

What does House Bill 1275 require app stores to do?

House Bill 1275 would require mobile app stores to verify a person’s age, require parents to approve app downloads for underage users, and include age ratings for the apps.

Which companies support and oppose the bill?

The bill has the support of companies like Meta, but is opposed by Apple and Google.

What concerns have been raised about the bill?

Opponents argue the bill is an invasion of privacy and could lead to legal challenges, potentially requiring individuals to provide identification to access apps.

What impact this legislation could have on app store operations and user privacy remains to be seen, as it moves forward in the South Dakota House of Representatives.