By Clare Duffy, CNN

New York (CNN) — Google and Apple will soon be required to verify app store users’ ages in Texas, after Gov. Greg Abbott signed the rule into law on Tuesday.

The Texas App Store Accountability Act follows similar legislation that passed in Utah earlier this year, although it requires the app stores to collect even more user data. Enforcement of the Texas law is set to begin at the start of next year — giving app stores several months to determine how they will collect this information. The bill was passed with super-majority approval by the Texas House and Senate.

It’s part of a broader push for regulation to better protect kids online, with lawmakers and some social media companies arguing that app stores should serve as centralized clearinghouses for verifying users’ ages. A handful of other US states have proposed similar legislation. But the app store operators, as well as some experts, say the age verification rules could pose privacy risks and be difficult to enforce.

“We believe there are better proposals that help keep kids safe without requiring millions of people to turn over their personal information,” an Apple spokesperson said in a statement regarding the bill last week. Apple CEO Tim Cook called Abbott earlier this month to encourage him not to sign the bill as written, according to a Wall Street Journal report.

“Safety and online privacy for Texas children remains a priority for Governor Abbott,” the governor’s press secretary Andrew Mahaleris said in a statement. “Texas will empower parents to have more control over the online content their children can access.”

Like Utah’s law, the Texas bill requires app stores to verify all users’ ages and obtain parental consent before minor users download or make a purchase through an app. They’re also required to share “age categories” — child, young teenager, older teenager or adult — with app developers so that, at least in theory, they can provider safer experiences for young users.

But Texas’ law adds an additional requirement: The app stores must also confirm that the parent or guardian approving a minor’s app downloads has the legal authority to make decisions for that child.

App store operators Google and Apple argue that the age verification bills will undermine individual privacy. That’s because every user, not just children, will have to provide sensitive data — likely an ID or a scan of their face — to confirm their age, even if they only want to download something like a weather app, where age is irrelevant. And the custody rule will require parents to turn over even more personal documentation.

Legal experts have also raised concerns that such laws could run afoul of the First Amendment by forcing adults to choose between handing over personal information or accessing “legally protected online speech.” Likewise, minors would be forced to get parental consent before accessing protected online speech.

Apple and Google have suggested alternative proposals that would involve a shared responsibility for age verification between app stores and app developers, and sharing age data only with the platforms that need it.

Apple says it is set to release an “age assurance” feature that lets parents share their child’s age range with app developers. “Importantly, this solution does not require app marketplaces to collect and keep sensitive data—such as passports or driver’s licenses—from all users to verify age,” a company spokesperson said in a statement last week. Google did not immediately respond to a request for comment after Abbott signed the Texas law.

However, some social media companies — including Meta, Snap and X — have advocated for app stores to be responsible for verifying users’ ages, saying it will prevent users from having to share personal information across multiple platforms.

The new laws come as online platforms have faced fierce criticism for exposing young users to harms such as sexual harassment and eating disorder content. And the rise of artificial intelligence chatbots has raised even more concerns and questions about how teens use technology. Even as they have rolled out teen safety features, critics have noted that young people could evade them by signing up for accounts with inaccurate birthdates and called for formal age verification.

The-CNN-Wire
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