Va., N.M. Bills Require Age Verification and Parental Consent

Virginia Del. Scott Wyatt (R) prefiled a measure (HB-1817) that would require social networks to obtain parental consent before a minor could create an account and use the platform. Parents could opt in to collection and use of the minor's personal data without consenting to disclosing that data to third parties. “A controller or processor shall make reasonable efforts to obtain verifiable parental consent by taking into consideration available technology to ensure that the person providing such consent is the minor's parent or legal guardian.” Parental consent could be obtained using a signed form, credit cards or government ID, the bill says.

Another prefiled bill, SB-1816, from Del. Ellen Campbell (R) of Virginia, would ban social media platforms from “knowingly or intentionally” allowing a minor to log on between midnight and 6 a.m. without parental consent.

Also, state Sen. Schuyler VanValkenburg (D) filed a measure (SB-854) that would stop social media platforms from providing addictive feeds to any user it knows is younger than 18 unless it first obtains verifiable parental consent. The House has similar legislation (HB-1624) and VanValkenburg last year pushed a comparable bill (SB-359).

In New Mexico, state Rep. John Block (R) prefiled HB-44, which would require reasonable age verification to keep kids younger than 18 off websites where at least one-third of the material is deemed harmful. The bill includes a private right of action. Reasonable age-verification methods under the bill include government IDs or “any commercially reasonable … method that uses an identity assurance level two framework as defined by the” National Institute of Standards and Technology.