Kids Privacy and Age Verification an Early Focus for State Legislatures
The early weeks of January have brought a blizzard of state bills focused on protecting kids online, including requiring age verification on porn and social media websites. Some industry groups have long raised privacy concerns with such mandates, arguing they could require that users submit sensitive information confirming their age or parental status to consent to a child’s access.
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Privacy Daily tracked more than 10 state bills about children’s personal data filed in just the past week. As of Friday, we were tracking about 40 such bills across many states. The National Conference of State Legislatures counted kids online safety bills in at least 40 states in 2024. At least 50 measures were enacted last year, NCSL said.
The South Dakota House State Affairs Committee on Friday voted 11-2 to clear HB-1053, which requires age verification to limit websites containing harmful material to users 18 and older. The committee’s only two Democrats voted no. House Majority Whip Bethany Soye filed the bill with 25 other Republicans from the House and Senate as co-sponsors two days before the hearing.
Earlier this week, an Indiana Senate committee Wednesday cast a bipartisan 10-1 vote to advance a bill (SB-11) that would prohibit kids 15 years old and younger from accessing social media unless they have parental permission, with the onus on businesses to verify age and a parent’s consent (see 2501150048).
“It is only the beginning of the legislative session, and we have already seen an influx of measures to address tech accountability, and kids' online safety and privacy,” emailed Holly Grosshans, senior counsel-tech policy at Common Sense Media, which advocates for such measures. It’s probably because the issue has support from parents and both political parties, she said. “With Congress failing to take federal initiative, states are taking action to protect their kids, following the lead of states like” New York, California, Maryland and Colorado last year.
“Legislation aimed at requiring parental consent, verifying all user’s ages, and removing content have all been introduced in the 2025 legislative sessions,” said Megan Stokes, Computer & Communications Industry Association state director, in an emailed statement. “There are a variety of concerns with these measures, ranging from constitutional concerns, privacy issues, technology feasibility, and unintentionally harming marginalized groups.” While CCIA supports protecting kids online, many of the bills “would require companies to collect additional personal data to achieve and prove compliance, and this raises both privacy and [cybersecurity] risks.”
Lawmakers introduced kids’ data bills this week in several states, including Arkansas, Arizona, Maryland, Oklahoma, South Dakota and Virginia. Maryland HB-394, filed Friday by Del. Robin Grammer and six other Republicans, would make websites liable for distributing obscene content to kids under 18, while setting data retention rules for identifying information collected for age verification.
Oklahoma legislators this week prefiled five bills about children online ahead of their session opening Feb. 3. Three of the bills (HB-1275, SB-885 and SB-931) require age verification to access social media platforms. Nearly identical bills by Republican state Reps. Toni Hasenbeck (HB-1388) and Dell Kerbs would set privacy rules for children (HB-1762).
“Much like our historical commitment to curbing the use of addictive substances and behaviors among minors, such as laws regulating the use of intoxicants and gambling, this Legislature now takes proactive measures to address the emerging challenges posed by social media platforms,” Rep. Chad Caldwell's (R) HB-1275 says.
Among other state proposals floated this week, a dozen Arizona House Republicans sponsored an age-verification bill focused on keeping kids off of porn websites, including possibly social media platforms (HB-2112). Meanwhile, Arkansas House Democrats Andrew Collins and Joy Springer introduced kids privacy (HB-1082) and online safety bills (HB-1083). In addition, a Virginia bill (SB-1345) by Sen. Emily Brewer (R) seeks to restrict hours minors can access social media.
On Monday, Nebraska Gov. Jim Pillen (R) and Attorney General Mike Hilgers (R) announced support for legislation requiring age verification for social media and implementing an age-appropriate design code (see 2501130039). Other age-verification measures were filed earlier this month in New Mexico (see 2501070061), New York (see 2501080038), Oregon (see 2501130018) and Wyoming (see 2501060008). Also, an Illinois senator filed two versions of age-appropriate design code bills (see 2501140059).
The Software & Information Industry Association expects “a number of child privacy and safety bills this year and anticipates that some could require age verification,” said Sara Kloek, vice president-children’s policy, in an emailed statement. However, Kloek said that the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, argued earlier this week (see 2501150073), will influence state activity on age-verification measures. The case partly concerns privacy matters raised by a Texas anti-porn law that mandated using such technology to restrict access to kids younger than 18.
“Legislators who are working on these bills and the courts reviewing new laws must consider many details including: how will age be assessed, what technology will be used, and what steps will users have to go through?” said Grosshans from Common Sense. They must also consider the ramifications of age decisions, she said. “For example, if a user is determined to be a child, will they have a safety setting by default or be offered heightened privacy protections, or will the user be prevented from accessing the site?”
Videogames received an exemption from the Indiana age-verification bill that advanced earlier this week. That industry “has a long and successful history of self-regulation,” emailed an Entertainment Software Association spokesperson, pointing to the Entertainment Software Rating Board's (ESRB) FTC-approved safe harbor program for compliance with the Children’s Online Privacy Protection Act (COPPA). “We will continue to educate lawmakers around the country about our commitment to creating fun and safe experiences for all players.”