PIERRE — South Dakota lawmakers are moving forward with a measure that would require mobile app stores to verify the ages of users, a response to growing concerns about children’s access to inappropriate content online. House Bill 1275, which addresses app-based age verification, passed the House State Affairs Committee by an 8-3 vote on Wednesday and is now headed to the full House for consideration. This marks the second year state legislators have attempted to shift the responsibility of age-gating to app stores, reflecting a broader national conversation about online child safety.
The bill, sponsored by Republican Rep. John Hughes of Sioux Falls, aims to give parents more control over what their children access on mobile devices. Hughes described the legislation as establishing “guardrails at the digital gateway,” offering a “simple, private way to keep their kids safer online.” The proposed law would mandate app stores to verify user ages, obtain parental consent for app downloads by minors, and implement age ratings for applications.
A Growing Trend in State Legislatures
This legislation follows a national trend of states seeking to regulate online safety for children. Similar bills have recently been endorsed in Texas, Utah, Alabama, and Louisiana. Last year, South Dakota lawmakers considered a similar measure, sponsored by Sen. Sue Peterson of Sioux Falls, but it did not pass. The current push reflects a heightened focus on protecting young people in the digital space, particularly as concerns grow about exposure to harmful content and online predators.
Industry Opposition and Privacy Concerns
The bill has drawn opposition from major players in the tech industry. Apple and Google, which operate the largest app stores, argue they already offer robust parental control features and that app developers should be primarily responsible for ensuring age-appropriateness. Doug Abraham, a lobbyist for The App Association, likened the requirement to demand age verification for entry into a shopping mall with a liquor store, suggesting it’s an overreach. He too raised concerns about data privacy, arguing the bill could compel app stores to collect sensitive information from all users, not just minors. Abraham stated, “It’s going to force you, if you want to use your iPhone, or you want to use your Android-based device, to do that, even though you’re 18, even though you’re a consenting adult.”
Kouri Marshall, a lobbyist representing the Chamber of Progress, characterized the bill as “a tremendous encroachment on individual privacy” and predicted it would lead to legal challenges. She pointed to Alabama’s recent passage of a similar bill, which is already facing a lawsuit alleging a violation of the First Amendment. Marshall advised South Dakota to “wait and see how this plays out in court, so that you don’t conclude up there.”
Support from Advocacy Groups
Despite industry opposition, the bill has garnered support from groups advocating for children’s safety. Norman Woods, representing Family Voice Action, argued that the legislation is a necessary step to protect minors online. Supporters also include the South Dakota Attorney General’s office, Concerned Women for America, and the South Dakota Catholic Conference. Woods countered concerns about data collection, stating that credit card information is typically sufficient for age verification, and that requiring driver’s licenses is a mischaracterization of the bill’s intent.
Rep. Leslie Heinemann, R-Flandreau, emphasized the importance of protecting children, comparing the bill to last year’s legislation requiring age verification for access to adult websites. He noted that parents had expressed gratitude for that previous measure, and believes this bill is a similar step towards safeguarding children online.
Parental Control Debate
The debate also touched on the role of parental controls. Rep. Erin Healy, D-Sioux Falls, shared an anecdote about her own 13-year-old daughter triggering an alert during a web search related to former South Dakota Gov. Kristi Noem, illustrating the existing tools available to parents. Healy, who voted against advancing the bill, argued that these existing controls are sufficient.
House Bill 1275 now moves to the full House for debate and a vote. If passed, it will then proceed to the Senate. The bill’s future remains uncertain, particularly given the potential for legal challenges and the ongoing debate over balancing online safety with privacy concerns. The next step in the legislative process is a hearing before the full House, the date of which has not yet been announced.
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