These bills would require age verification at an operating system level.
There is some ambiguity whether these bills merely require age attestation (birthdate provided by user), or full verification (confirmed via ID/face scan) as the bill texts reference both attestation and verification. In one of the bills, it passes the job to the FTC to develop the verification options.
Congress.gov bill pages: S. 5090, H.R. 8250
Coverage: Yahoo, ReclaimTheNet
This website's position: We oppose this bill.
We do see the benefit of having standardized methods for applications and websites to be able to query if a user is 18+ or not. However, any such requirement must:
- Be purely attestational (user submitted, not using personal data such as ID/face picture).
- Not apply to open source / community-developed / niche operating systems so as to avoid regulatory compliance from becoming an undue burden to hobbyist developers.
- For 18+ end users, the attestation should be limited to a simple 'I am over 18' as opposed to entering a full birthdate. (This is important since an exact birthdate can be mis-used via fingerprinting attack to reverse engineer the precise identity of the end user, particularly when combined with their rough geographic location or IP address). Particularly for PC platforms, if the full date is collected, then any application can access that data (even if the bill states otherwise) due to the limited security sandboxing on PC platforms.
- The bill must be carefully crafted so as to not imply liability that would encourage companies to do more invasive checks such as with ID/face scans.
- The bill must be written in such a way that it does not require the use of accounts, as not all operating systems have a notion of accounts.
- In order to be useful, the 18+ check must be available to all developers of a platform, not just licensed/approved developers. (Example: Google's age API is not even allowed to be used by adult application developers due to the terms of Google's developer agreement.)
That said, even a perfect implementation of an OS level age attestation bill could lead to OS makers demanding user accounts or personal information -- such as was seen with an early revision of Google's Android age API which required ID scans for consumers to use. Meanwhile, parental controls requires no user data at all.