Online Age Verification in the US: A Minefield of Constitutional and Privacy Issues
Proposed US legislation requiring online age verification sparks debate on Constitutionality, privacy, and civil rights implications.
Age VerificationBiometricsData PrivacyDigital IdentityFace BiometricsKids Online SafetyLegislationSocial MediaUnited StatesReal EstateJul 22, 2024
The Kids off Social Media Act, for instance, would require social media platforms to prohibit persons from creating or maintaining an account or profile if it knows that the individual is a child, but conversely would prohibit these same platforms from implementing an age gating or age verification functionality. This would put online platforms in a quandary as to how they would meet the bill's burden of identifying users' ages.
Website operators have developed various methods to determine users' ages, including self-identification, requesting documentation, and using consumer data. However, each of these age verification methods presents different advantages and challenges, such as raising consumer data privacy concerns.
The proposed legislation is a Catch-22, reflecting a hodgepodge of proposals that would present constitutional, privacy, and civil rights and liberties challenges. Any one of these bills, if it were to become law, would lead to unintended consequences, including the potential for government-issued digital identification credentials.
Congress needs to address the overarching issues, including who should be responsible for determining an individual's age online, how legislation on age verification would be implemented, and how an entity conducting age verification online can confirm that individuals are who they claim to be.
The proposed bills include the Verifying Kids' Online Privacy Act, Kids Online Safety Act, Kids PRIVACY Act, Children and Teens' Online Privacy Protection Act, Child Online Safety Modernization Act, Protecting Young Minds Online Act, Curbing Online Non-consensual Sexually Explicit Nudity Transfers Act, Sammy's Law, EARN It Act, and Eliminating Abusive and Rampant Neglect of Interactive Technologies Act.
The online age verification debate highlights the need for a nuanced approach to balancing online safety and privacy concerns.
Frequently Asked Questions
What is the main issue with proposed online age verification legislation in the US?
The main issue is the potential constitutional and legal challenges, including violation of the First Amendment and privacy concerns.
How many bills have been introduced in the current US Congress to increase protections for minors online?
Over a dozen bills have been introduced.
What are some common age verification methods used by website operators?
Self-identification, requesting documentation, and using consumer data are some common methods.
What is the concern with the Kids off Social Media Act?
The act would put online platforms in a quandary as to how they would meet the bill's burden of identifying users' ages.
What is the potential unintended consequence of online age verification legislation?
The potential for government-issued digital identification credentials.
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