2023 Age Verification Laws: Developments,Controversies & Compliance Guide

The necessity for age verification has been a societal imperative long before the digital era emerged. Traditionally, age restrictions were enforced to regulate the sale and consumption of substances such as alcohol and tobacco. These regulations were born out of a concern for public health and safety, especially to protect young individuals from potential harm.

Now, age verification isn’t merely a tool for controlling access to certain physical goods, but also a crucial mechanism to regulate the accessibility of digital content and services. As we navigate through 2023, we’ve witnessed significant developments and controversies in age verification legislation that have reshaped the responsibilities of businesses and the rights of consumers. 

Key Takeaways

• Age verification has expanded from regulating substance access to controlling digital content exposure to minors.
• Federal and state initiatives, like the SCREEN Act and various state laws, have created a complex legal landscape for businesses to navigate.
• Louisiana’s bold legislation and Utah’s stringent social media rules for minors are leading examples of the trend towards stricter age verification laws.
• Legal challenges in states like Texas and Arkansas highlight the constitutional balancing act required in age verification law.
• Privacy concerns are intensifying as age verification methods increasingly handle sensitive personal data.
• Facia offers a secure and privacy-conscious solution to help businesses comply with these evolving age verification regulations.

In this blog, we will discuss major developments related to age verification, especially across the United States, examining the intentions behind the laws, the challenges they face, and the controversies they spark. From the SCREEN Act to the pioneering moves by states like Louisiana and Utah. 

We’ll explore the intricacies of compliance, the hurdles businesses face, and the ethical considerations that come with this new digital territory.

Federal Initiatives: The SCREEN Act

The journey commenced in the halls of the United States Congress, where Senator Mike Lee heralded a federal age verification bill named the Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act. A watershed moment, this marked the first federal foray into age verification legislation in the United States.

Senator Josh Hawley also pitched a proposal aimed at barring teenagers under 16 from social media usage entirely, calling for social media companies to independently verify the ages of their users.

States That Introduced Age Verification Legislations

Following the enactment of the age verification law in Louisiana, several other states took cues and introduced similar legislation to enforce age verification on online platforms. 

Notable states among these include Arkansas, Virginia, Florida, South Dakota, West Virginia, Kansas, and Mississippi. The widespread legislative action reflects a growing consensus among states regarding the need for robust age verification systems to protect minors from potentially harmful online content.
 

Louisiana Age Verification Law

On April 13, 2023, Louisiana State Representative Laurie Schlegel introduced a bill mandating age verification for accessing pornographic content online. 

This bold move led to a significant industry shake-up, with MindGeek, one of the largest adult content providers, deciding to withdraw its services from multiple states rather than comply with the stringent regulations. 

For a more detailed view read our article Louisiana Age Verification Law and Online Platforms: Challenges and Solutions
 

Utah age verification law

• Passed two laws imposing strict rules on how companies manage teenagers’ accounts on social media. These laws mandate parental consent, in-app parental controls, curfew features, and age verification, requiring platforms to confirm the ages of their youngest users through means other than self-reporting, like providing a copy of an ID. These laws are set to take effect in March of the following year​
• On October 15, 2023, Utah published a proposal regarding its social media regulation law, S.B. 152, signed earlier in the year. This proposal known as Utah age verification law, was part of a larger discussion on age verification and social media regulation in the state.
• If a minor account holder is identified through this process, the account will be suspended until parental or guardian consent is obtained. The consent process mandates a written attestation from the parent or guardian, and the use of a method for verifying parental consent as per the Children’s Online Privacy Protection Act (COPPA) guidelines.

Virginia Age Verification Law

On May 12, 2023, Virginia joined the ranks of states taking a stand against unregulated minor access to certain online content. The state implemented an online age verification law, a move backed by statistics revealing a 10% increase in online exploitation cases involving minors over the previous year. 

This law serves as a preventative measure, aiming to curb such incidents and promote a safer digital space for young users.

North Carolina Age Verification Law

North Carolina’s legislature took decisive action in September 2023, passing a bill that mandates age verification on websites hosting content potentially harmful to minors. Garnering widespread bipartisan support, this legislation is part of a larger, nationwide initiative to regulate online content and protect minors from exposure to explicit material. 

Texas Age Verification Law

Texas witnessed a setback on August 31, 2023, when a federal judge struck down a state law that mandated age verification and health warnings on pornographic websites. This event highlights the legal challenges and complexities involved in implementing and enforcing age verification laws. 

The Texas law had aimed to reduce the 18% of minors reported to have accessed explicit content online in the state, according to statistics from the previous year.

Arkansas Age Verification Law

Similarly, on August 31, 2023, an Arkansas law requiring minors under 18 to obtain parental consent before accessing social media sites was blocked by a federal judge. The law, which had intended to address increasing concerns over minors’ online safety, was deemed to violate certain constitutional principles, illustrating the intricate balance lawmakers must strike when crafting such legislation.

Mississippi Age Verification Law

Mississippi took proactive measures, enacting two new laws focused on strengthening age verification practices on adult websites and safeguarding school computers from explicit content. 

Senate Bill 2346, effective from July 1, requires adult websites to enhance their age verification procedures beyond mere checkbox confirmations, a response to studies indicating a surge in minors’ exposure to explicit content online. 

House Bill 1315 specifically targets K-12 school computers, aiming to shield young students and tackle the associated risks of early exposure to harmful online materials, including potential mental health issues and addiction.

California Age Verification Law

In California, the legislative landscape around age verification and minors’ online safety is continually evolving. While specific statistics and examples from 2023 might not be readily available, the state’s commitment to digital privacy and child protection is evident in its past and ongoing legislative efforts.

The state has consistently been a leader in digital privacy, with laws such as the California Consumer Privacy Act (CCPA) and California Age Verification Law setting a high standard for protecting users’ personal information, especially that of minors.

 California Age-Appropriate Design Code Act
1. Description of the Act
2. How to get compliant with California age-appropriate design code
3. Significance of the Act in the US legal landscape

Common Features of Age Verification Laws

Age Verification Requirements 

These laws primarily mandate online platforms to implement age verification mechanisms to restrict minors’ access to harmful content. The methods may vary, but they all aim at ensuring that users are of a certain age before accessing specific online content.

Protection of Minors

The central objective of these laws is to protect minors from exposure to inappropriate or harmful material online. This is in line with broader societal and governmental efforts to create a safer online environment for young users

Liability Provisions

Many of these laws include liability provisions for platforms that fail to comply with the age verification requirements. This could include fines or other penalties, emphasizing the legal onus on online platforms to adhere to these regulations

Data Privacy and Security

With the need for age verification, comes the necessity to handle user data responsibly. These laws often have provisions or are complemented by other privacy laws to ensure the privacy and data security of the users while conducting age verification.

Technical and Operational Guidelines

Some of these laws provide technical and operational guidelines on how age verification should be carried out, ensuring standardization of processes and a level of data protection across platforms.

Backlash, Concerns and Constitutional Challenges

The advent of age verification laws across various states has ignited a series of legal debates and constitutional challenges, placing these legislations under rigorous scrutiny.

Legal Debates over Age Verification Laws

The crux of the argument against mandatory age verification lies in its potential conflict with First Amendment rights. Critics argue that requiring users to verify their age before accessing certain content could serve as a form of censorship, stifling freedom of speech and expression.

There are concerns about the potential for overreach, with the laws possibly being applied too broadly, thereby limiting access to content for all users, regardless of age. Critics point to the need for a delicate balance that protects minors while upholding constitutional rights.

Court Cases or Legal Challenges

The case in Texas serves as a prime example of the constitutional challenges these laws face. In August 2023, a federal judge overturned a law requiring age verification and health warnings on pornographic websites. The judge cited First Amendment violations, stating that the law imposed undue restrictions on adults’ access to legal content.

In Arkansas, a law that demanded parental consent for minors to access social media was blocked by a federal judge on similar grounds. The judge argued that the law impeded on minors’ right to access information, creating a precedent that age verification laws must be narrowly tailored to address specific harms without infringing on constitutional rights.

These legal challenges are pivotal, as they set the stage for how age verification laws will be interpreted and applied in the future. They highlight the need for careful legislative drafting to ensure that the protection of minors does not come at the expense of fundamental freedoms.

Privacy Concerns

The implementation of age verification measures has brought the issue of data protection and user privacy into sharp focus, with various stakeholders expressing concerns about the potential risks associated with collecting and storing users’ personal information.

Protecting User Data

The necessity to submit personal information for age verification has raised alarms about potential misuse, data breaches, and lack of transparency in data handling.
There’s a noted rise in privacy concerns, with statistics indicating a 30% increase in queries regarding data protection related to age verification processes.

Public and Organizational Responses

• The public and advocacy groups are demanding stringent data protection measures, urging for a balance between safeguarding minors and preserving user privacy.
• Tech companies are responding by advocating for standardized regulations and investing in privacy-preserving age verification technologies.

Visit Privacy And Ethical Concerns Related to Age Verification for a more in-depth discussion on finding the right balance between safety and privacy.

A European Perspective

In Europe, the narrative around age verification is underpinned by the EU General Data Protection Regulation (GDPR) and the UK’s Online Safety Bill passed on September 19, 2023. These regulations underscore the imperative for stricter standards on social media platforms like Facebook, YouTube, and TikTok concerning user safety.

India and Australia: Emerging Discussions

The discourse transcends to India with the Digital Personal Data Protection Bill, 2023, and down under to Australia, where eSafety tabled a roadmap on age verification to the Australian Government in March 2023.

What’s Next for Age Verification?

The landscape of age verification is ripe for innovation and legal evolution. We are on the cusp of witnessing significant advancements in both the technological domain and the legal frameworks governing age verification. 

Biometrics, artificial intelligence, and blockchain are poised to play pivotal roles, offering solutions that are not only precise but also prioritize the privacy of users. These technologies have the potential to transform age verification from a cumbersome necessity into a streamlined and user-friendly experience.

Children’s Data: A Priority

The protection of children’s data has catapulted to the forefront of the age verification debate. As digital natives, children are increasingly active online, necessitating a robust framework to safeguard their personal information. 

The industry is seeing a surge in discussions and initiatives aimed at bolstering children’s data protection. This includes developing age-appropriate content, enhancing privacy settings, and ensuring that the digital realm is a safe space for our younger generation.

Learning and Adapting from Global Standards

The UK’s pioneering efforts with the GDPR and the Children’s Code provide valuable lessons and a potential roadmap for the U.S. in crafting protective yet pragmatic age verification laws. 

These frameworks strike a delicate balance between accessibility and protection, ensuring that the internet remains an open space while shielding minors from content that could be detrimental to their development.

How To Get Compliant with Age Verification Laws? 

Facia’s innovative solution reflects a deep understanding of the complex nature of age verification laws and places a high priority on safeguarding user privacy. Its advanced technology guarantees precise age verification, ensuring that your business stays compliant with stringent data privacy regulations. 

With Facia, you gain the confidence to navigate the regulatory environment, providing your users with a secure, seamless experience.

• Ensures secure age verification with high respect for data privacy standards.
• 100,000+ Age Verification Checks
• 30+ Solutions Deployed
• Age Verification API and SDK
• Enables Instants Real-Time Verification
• Scalable Solution: Facia grows with your needs, ideal for businesses of all sizes.
• Comprehensive Support: Continuous support and guidance for smooth implementation and operation.

Conclusion

The discourse on age verification laws in 2023 has illuminated the complexities and the critical nature of protecting minors in the digital realm. With each legislative effort, from Louisiana to Utah, and the notable challenges faced in Texas and Arkansas, it’s clear that the journey to a safer online environment for minors is fraught with legal, ethical, and practical obstacles.

For businesses, the path forward is illuminated by innovation and responsibility. Technologies like Facia present an opportunity to meet legal challenges head-on, with solutions that respect privacy and exemplify the seamless integration of user protection and compliance.

Don’t wait for the next legislative wave to hit your business unprepared. Take proactive steps today with Facia’s age verification technology, and turn the challenge of compliance into an opportunity for leadership in digital safety and privacy. 

Contact Facia now to learn more and to ensure that your company stands at the forefront of responsible online engagement.