PIERRE — South Dakota lawmakers are considering a bill that would require mobile app stores to verify the ages of users and obtain parental consent before allowing minors to download, install, or make in-app purchases. House Bill 1275 passed the House State Affairs Committee 8-3 on Wednesday and is now headed to the House floor.
A Growing Trend in Age Verification
This marks the second attempt in as many years by South Dakota lawmakers to shift the responsibility of age-gating to app store providers. The bill would require app stores to verify a person’s age, require parental approval for app downloads by minors, and include age ratings for apps.
Representative John Hughes, a Republican from Sioux Falls and the bill’s prime sponsor, stated the bill “gives parents of minor children a simple, private way to keep their kids safer online” and “establishes guardrails at the digital gateway.” The emergence of app-based age gating as an online safety measure is relatively recent, coinciding with increased discussion about protecting children in state legislatures across the country.
Support and Opposition
The proposal has garnered support from Meta, the parent company of Facebook and Instagram, even as Apple and Google, operators of the largest app stores in the U.S., have voiced opposition. Meta argues app stores are better positioned to protect children, as they already act as gatekeepers and often have access to payment information for age verification. App stores contend they already offer parental control features and that app developers should be responsible for protecting children.
Currently, four state legislatures – Texas, Utah, Alabama, and Louisiana – have endorsed similar legislation. Norman Woods, who testified in support for Family Voice Action, noted, “The Legislature wasn’t comfortable going in first, but now We find four.” Supporters also include the South Dakota Attorney General’s office, Concerned Women for America, and the South Dakota Catholic Conference.
Concerns Over Privacy and Legal Challenges
Opponents, including Doug Abraham, a lobbyist for The App Association, argue the bill is an invasion of privacy, comparing age verification requirements for apps to those for purchasing alcohol. He also suggested the bill could require all South Dakotans to provide copies of their state-issued IDs to technology companies. Kouri Marshall, a lobbyist for the Chamber of Progress, called the bill “a tremendous encroachment on individual privacy” and predicted potential legal challenges, citing a lawsuit already filed against Alabama’s similar law alleging First Amendment violations.
What’s Next?
If passed by the House, the bill would move to the Senate for consideration. The bill could face legal challenges, as seen in Alabama. South Dakota lawmakers may also choose to wait and observe the outcome of legal battles in other states before proceeding.
Frequently Asked Questions
What does House Bill 1275 require of app stores?
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 app-based age gating proposal has the support of Meta, the parent company of Facebook and Instagram, and the opposition of Apple and Google.
Have other states passed similar legislation?
Yes, four other state legislatures – Texas, Utah, Alabama, and Louisiana – have endorsed similar bills.
As lawmakers consider this legislation, how might the balance between online safety and individual privacy be affected for South Dakota residents?
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