Texas bill calls for tough age checks – but sensible access needs a clear roadmap

By Mary Ann Miller, Fraud & Cybercrime Executive Advisor and VP of Client Experience at Prove 

The New Yorker published a cartoon in 1993 during nascent days of the Internet that put a sly spin in the issue of identity. In it, two dogs are looking at a computer screen and one says to the other, “On the Internet, nobody knows you’re a dog.”

The cartoon and its meaning have become iconic – and prescient. As a wave of new policies and laws aims to restrict access to online content and services, and as issues about protection versus free speech are debated, there is a new focus on keeping users safe, especially those who are most vulnerable (and not, it’s not the canine cohort).

While the debate is necessary, we must not lose sight of the essential objective: safeguarding individuals online while still ensuring they retain access to essential digital spaces. In other words, we must seek to do what’s right without overreaching.

Why age verification is now center stage

A recent bill passed in Texas, requiring app store giants like Apple and Google to verify the age of users for app downloads, highlights the issue and the subsequent need for a blueprint. The Texas governor said that driving the bill is a desire to ensure that “safety and online privacy for Texas children remains a priority.”

While social media companies like Meta, X, and Snap have demonstrated support, an Apple spokesperson said that it potentially “threatens the privacy of all users, as it requires app marketplaces to collect and keep sensitive personal identifying information for every Texan who wants to download an app, even if it’s an app that simply provides weather updates or sports scores.”

Much of the current activity around this issue is driven by alarming findings about the mental health risks of unbridled online usage for teens. Jonathan Haidt, an American social psychologist, has published “The Anxious Generation,” a profound work that documents the wide-ranging negative consequences of digital life for young people. Haidt paints a stark picture of a world hostile to young people, responsible for increased anxiety and depression rates, social isolation, addiction, and an environment ripe for cyberbullying and online harassment.

This compelling evidence has spurred significant legislative action. As of this writing, 18 U.S. states have enacted or passed laws that seek to remedy this situation through age verification measures. These laws aim to limit access by young people to social media, gambling, and pornographic websites and services. The challenge, as with many complex issues, lies in balancing what we can do with what we should do.

The shifting landscape: from self-declaration to sophisticated solutions

Historically, age verification often relied on easily bypassed methods like simple age gates or self-declaration. Users would input a birth date or check a box, a system inherently vulnerable to dishonesty. But we’ve moved past cursory checks. Beyond protecting minors from inappropriate content, there are more available online services – like gambling and adult entertainment – that demand a more age verification rigor.

The challenge demands striking a delicate balance: how can organizations protect users while respecting their privacy and ensuring seamless access to legitimate digital spaces? Fortunately, there are solutions that offer a range of solutions that go far beyond rudimentary checks. These allow for judicious approaches that deliver accurate results and help organizations achieve their verification goals.

The goals of digital age verification: protection meets compliance

The push for government-issued credentials adds an additional layer of security, but the trade-off involves sharing sensitive information. For users accustomed to rapid access to online services, this can be frustrating. It also raises concerns about how that data will be handled. The current landscape lacks a uniform solution, as regulations vary wildly across states and industries have yet to emerge.

At the heart of this debate is a fundamental tension: how to strike the right balance between protecting minors and respecting individual privacy. In an effort to address the concerns taht Haidt writes about in his book, effective age verification is essential to:

• Prevent minors from accessing harmful content and services.
• Ensure compliance with evolving regulations.
• Demonstrate a commitment to ethical business practices.

The goals are noble, but organizations must still be reminded of the consequences for failing to deliver a solution. The reality is that by ensuring users are of legal age for their offerings, companies significantly reduce their risk of legal action for inappropriate conduct.

Different approaches, accurate results

As the Texas bill highlights, there isn’t a one-size-fits-all solution for age verification. Different organizations will have unique needs, risk profiles, and compliance requirements. A social media platform, for instance, might prioritize frictionless onboarding, while an online gambling site will require the highest level of assurance.

The key is to adopt a judicious approach, which involves:

• Understanding the “Why”: Clearly defining the purpose of age verification – whether it’s legal compliance, child protection, or responsible business practices.
• Assessing Risk: Determining the potential harms of a minor accessing the service and choosing a verification method commensurate with that risk.
• Prioritizing User Experience: While security is paramount, overly cumbersome verification processes can deter legitimate users. Solutions that balance accuracy with ease of use are crucial.
• Ensuring Data Privacy and Security: Collecting sensitive personal information demands the highest standards of data protection, minimizing data collection and ensuring secure storage and processing.
• Staying Agile: The landscape of technology and regulation is constantly evolving. Organizations must be prepared to adapt their age verification strategies as new solutions emerge and legal frameworks shift.

By embracing these principles and thoughtfully selecting from the diverse array of available technologies, organizations can move beyond the debates and implement age verification systems that are not only accurate and efficient but also ethical and user-friendly. The path forward for a safer, more responsible digital world depends on it, and the actions being taken in Texas are a clear signal of the growing imperative for robust digital identification.

About the author

Mary Ann Miller is a Fraud & Cybercrime Executive Advisor and VP of Client Experience at Prove.

Article Topics

age verification  |  app stores  |  children  |  legislation  |  Prove  |  Texas