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Libertas Institute opposes this bill
With the introduction of SB 142, Utah is attempting to encroach into the app stores users can access, closing off yet another avenue of anonymous speech and putting personal identifying information at risk. Specifically, this bill would require app stores, whether offering apps on a device or through a website, to verify the age of a user and when a minor is identified verify the relationship and age of a parent.
Over the past few sessions, Utah has passed legislation to encroach into Utahns’ ability to engage in private speech through their devices and on social media sites. These laws, known as age-verification mandates, require users to identify their identity in order to access a device or a social media website. As we have written in the past, this sort of legislation chills anonymous online speech.
However, equally important is that this legislation chills privacy-protective age determination innovation by mandating only age verification can be compliant. The intent of SB 142 – to increase the reliable information parents have at their disposal and increase parental input – is good, but aside from the First Amendment issues with age verification, the privacy and cybersecurity risks involved in collecting age verification information for the purpose of complying with a government mandate is too high to justify. Collecting and maintaining compliance records, for example, isn’t defined and could mean storing identity information such as government issued IDs for hackers to access.
