California enacts its own internet age-gating law
The law requires device operating systems and app stores to require users to enter their age or date of birth when setting up a new phone or computer. The new rules are set to go into effect on January 1, 2027, and for devices set up before that date, the operating system provider – like Apple or Google – must offer a way for users to enter their age by July 1 of this year. Negligent violations of the law could cost these companies as much as $2,500 per child affected, and intentional violations could cost these companies as much as $7,500 per child. The law continues to protect companies from liability for “erroneous” age claims as long as they make a good faith effort to comply.
“We have seen truly horrific and tragic examples of young people being harmed by unregulated technology, and we will not stand idly by while companies continue without necessary limits and accountability,” Newsom said in a statement upon signing the bill, along with a series of other laws related to children’s online safety, including requiring warning labels to be added to social media. “We can continue to lead in AI and technology, but we must do so responsibly, protecting our children every step of the way. Our children’s safety is not for sale.”
California’s new rules are the latest in a wave of new-age insurance laws sweeping the country. Utah became the first state to pass an age verification law on app stores, followed by Texas and Louisiana. Meta has notably diverged from its tech peers in supporting such bills, which place responsibility on app stores run by Apple and Google, rather than developers like it. But they were initially pushed by parent advocates who became among the leading voices in passing a series of child safety laws in the United States.
AB 1043 notably gained support not only from Meta, but also from Google, which would likely be regulated by law. Kareem Ghanem, Google’s senior director of government affairs and public policy, called it “one of the most thoughtful approaches we’ve seen yet to address child safety challenges, recognizing that this is a shared responsibility across the ecosystem,” in a statement included in a press release from the Democratic congresswoman who led the bill, Buffy Wicks.
Unlike some other laws, California’s measure does not require parental consent for downloading apps. It also does not require users to upload sensitive documents such as government IDs, which caused an outcry in the UK following the implementation of the Online Safety Act (OSA).
But the bill still lacks support from key stakeholders. Apple did not support the bill like its peers, and the Motion Picture Association (MPA), which advocates for the film and television industry, urged lawmakers to reject the bill, according to Policyas this could create confusion between streaming accounts where parents and children have different profiles. Wicks says Policy she would work to refine outstanding concerns about the bill next year.
