Age assurance landscape diverging between US, everywhere else

In the EU and UK, the debate over age assurance for social media has reached the highest levels of government, and become increasingly lopsided in favor of age prohibitions. But in the U.S., where state-level decisions dictate the policy landscape, the battle remains more of a scrum in the dirt, as legislators toss up bills for the legal lobby NetChoice to shoot down.

Walz signs Minnesota bill; NetChoice threatens legal action

A bill enacting new guardrails for Minnesota children on social media platforms has been signed into law. A report in the Minnesota Reformer says HF 4138 requires parental consent for kids under 16 to open a social media account, and bans infinite scroll, autoplay video and push notifications on kids’ accounts.

“As a teacher and a dad, I’ve seen firsthand how new and emerging technology can impact our children,” says a statement from Governor Tim Walz. “As social media becomes more advanced, we need to make sure our families don’t fall victim to the powerful companies that use kids as a testing ground to make algorithms more addictive.”

Walz’ signature did not go unanswered. A letter from NetChoice, the preferred litigation engine for Big Tech, threatens legal action, calling the bill “constitutionally defective legislation that will be enjoined by federal courts before it can take effect – at significant cost to Minnesota taxpayers – while doing nothing to protect the children it claims to serve.”

NetChoice to sue in Illinois over age law

In Illinois, House Bill 5511 aims to create “an age assurance system that allows platforms to identify whether a user is a minor without unnecessarily collecting excessive personal information,” according to Illinois state Sen. Willie Preston, D-Chicago. The bill has the support of Illinois Gov. J.B. Pritzker’s office.

It also has lawsuits on the horizon. The Center Square quotes NetChoice Director of Policy Patrick Hedger, who says that, “while we share this committee’s concerns for children’s online safety, this bill would trample on the speech rights while endangering online safety of users of all ages.

In Nebraska, a lawsuit from NetChoice

NetChoice is the legal organization representing Silicon Valley’s biggest companies, and specifically the social media giants. It is also the proverbial thorn in the side of online safety legislation in the U.S.

This month, NetChoice sued the state of Nebraska – according to the firm’s website, to “stop the portions of LB 383 that force Nebraskans to surrender digital I.D.’s just to access lawful information and use everyday digital services like social media.” It says the age verification law, which is set to take effect on July 1, 2026, “creates significant cybersecurity risks and undermines parents’ authority online.”

Paul Taske is co-director of the NetChoice Litigation Center, and its most frequently quoted soldier. In a release, he says “Nebraska’s new Digital ID law makes a mockery of the First Amendment. The government cannot condition access to fully protected speech on a person’s willingness to hand over their most sensitive information. In fact, there is a large, growing body of law explaining exactly why this approach is unconstitutional.”

“Nebraska joined the fray on the wrong side. When a law goes against the Constitution, it is doomed from the start.”

US kids could be alone on social media

The legislative situation in the U.S. regarding online safety is almost comical, as the lightly disguised legal militia for Meta, X, Google and other household names pounces from bill to bill, waving the First Amendment like a banner. But it points to a divergence between the U.S. and the rest of the world on social media age assurance, which would seem to be growing.

By the end of 2026, the UK is likely to have an age assurance law for social media. The Europe’s EUDI Wallet scheme, enabling selective disclosure of age credentials through digital ID, dovetails with the bloc’s increased efforts on regulation. Canada is exploring privacy preserving age checks for social media. Australia, which led the way, has kicked off a global movement to limit the access large social media platforms get to kids’ data and kids’ lives.

But in the U.S. – where “age verification” remains the most common blanket term to refer to the full scope of age assurance methods – legislators find themselves tripping on a Constitutional amendment that is both central to American identity, and easy for Big Tech to exploit.

Colorado, South Carolina next up on litigation block

One might count down the days before NetChoice files suit against Colorado, which just passed its own age assurance bill in the House: SB26-051, now awaiting the governor’s signature. The organization has already lobbed several previous lawsuits at the state, as it looks to catch up with the world outside Palo Alto on age checks.

Likewise in South Carolina, where Governor Henry McMaster has signed a social media age check bill into law. Per VitalLaw, the Stop Harm from Addictive Social Media Act will “require large social media platforms with at least $1 billion in annual advertising revenue to take steps to protect children under 16 from potentially harmful and addictive features. The measure directs these platforms to use ‘reasonable means to estimate and verify the ages of account holders,’ with specific confidence thresholds and timelines triggered by user activity.”

In what is sure to spark more controversial litigation, the act provides for a private right of action for children and parents to seek damages, including statutory damages of at least $10,000 for reckless or knowing violations.

Article Topics

age verification  |  Colorado  |  Illinois  |  Minnesota  |  Nebraska  |  Netchoice  |  social media  |  South Carolina  |  United States