Skip the Illusions and Support Meaningful Protections for Children and Teens

Earlier this month, the App Store Accountability Act (ASAA) was introduced in Congress. Similar legislation has been introduced in several states and has passed in Texas and Utah. While intended to empower parents, the bills give the illusion of privacy and safety. If enacted, these measures will endanger sensitive information of both children and parents and will create a lot more work for parents to keep tabs on children' s online activity. .

ASAA and the state bills require app stores to obtain parental consent for a minor to download an app. While many app stores already have this functionality, the legislation will require app stores to obtain a slew of new information. The new law in Texas, for example, requires the app store to verify the account holder "has the legal authority to make a decision on behalf of the minor" which could require the collection of birth certificates, court documents outlining custodial relationships, or other very personal and privacy-invasive information. A parent could not choose to allow their child to use an app without sharing this information. The legislation essentially forces Texans to disclose extremely personal information if they want their children to access information online.

Software developers and app stores will need to figure out how to build out their compliance with the various state laws and federal legislative proposals and with federal privacy laws like the Children's Online Privacy Protection Act (COPPA). COPPA already requires software developers to provide direct notice and obtain verifiable parental consent to collect information from children under the age of 13. Similarly, these app store laws and proposals require app stores to obtain parental consent before a minor can download an app. This consent, however, does not satisfy the federal COPPA consent requirements, essentially setting up a duplicative process that places the burden on parents to provide consent twice - once to the app store and once to the developer.

Instead of passing legislation that places burdens on parents to share personal information and provide duplicative consent, Congress should consider passing legislation that provides meaningful privacy and safety protections to children and teens. Policymakers have the opportunity to prioritize the privacy and safety of kids while empowering parents to be active participants in how their child operates online. We've outlined a potential framework in SIIA's Child and Teen Privacy and Safety Principles. These principles should ground federal policy - including legislation - to keep kids safe and connected while holding platforms accountable for doing just that.