• The Legislature has made no formal proposal on an age-verification method. The Division of Consumer Protection will be tasked with the process.
• Parents can opt out of the protection if they would prefer.
• The bill also implements a requirement for developers to accurately age-rate their apps.

The Utah Legislature is considering a proposed bill, SB 142, which would implement a requirement for minors to receive parental consent before downloading an app from their phone’s app store. Below we have developed a helpful FAQ for parents and interested Utahns, as the Legislature debates the bill.

Does this mean I will need to upload a photo ID of myself, thus infringing on my right to privacy?

The bill does not formally propose a verification method. Instead, it instructs the Division of Consumer Protection to develop a safe and secure process. Such a process, ID verification or otherwise, could be developed at the app, app store, or device level.

Why does the state need to get involved? Shouldn’t this be left to parents to decide for their family?

This bill would add a layer of protection for kids, much like we see with mature-rated video games or alcohol. Unlike those examples, however, parents will still be able to waive the protection. SB 142 simply empowers parents to implement added security measures if desired.

How does this bill impact small businesses?

The age verification process could be implemented on the app store or the device, rather than on a per-app basis, thus keeping costs on small businesses low. The only impact it could have on a small business is the requirement to accurately age-rate its product. On a recent episode of Defending Ideas, online safety advocate Melissa McKay noted that TikTok admitted to falsely advertising such ratings.

Doesn’t this infringe on my right to free speech?

Bill Duncan, Sutherland’s constitutional law and religious freedom fellow, wrote in a recent Insights article that “[t]he right to free speech does not guarantee a speaker the right to an audience, particularly of minors.” Further, Duncan wrote, “even if the law were stretched to treat selling apps as a form of speech, reasonable regulations meant to advance the compelling purpose of protecting children would justify this proposal.”

Are there other states proposing similar bills?

Yes, South Carolina’s H 3405 and Alaska’s HB 46 introduce similar app store age verifications, while Wyoming’s HB 43 has proposed age verification for websites. On the federal level, Rep. John James, R-Mich., introduced HR 10364, and Sen. Mike Lee, R-Utah, introduced S 5364.

For a more in-depth perspective on this article, review our Insights article and Defending Ideas episode.