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Introduction

In response to growing concerns about children鈥檚 safety online, legislators across the United States are contemplating age verification mandates as a way to limit the potential harms of online experiences and restrict access to age-inappropriate material. In 2023, more than 60 bills were introduced at the state and federal level requiring greater parental consent, age restrictions, or safety-by-design measures.1 Half as many bills have already been introduced in the first few months of 2024.2 Most of these laws, passed and pending, target youth access to online adult content and sales that are age-gated 鈥渋n real life.鈥 Yet some states are going further to apply age verification requirements to social media, responding to concerns from parents and teens, schools, legislators, and regulators about children鈥檚 experiences online.3

While more efforts are needed to ensure children can safely and securely access online spaces, current technical limitations often mean that age verification mandates may actually pose more risks than benefits. Many social media platforms and other online operators already implement a wide range of age assurance practices to comply with existing laws and uphold their own terms and conditions. These methods aren鈥檛 perfect, but mandating age verification, which often necessitates sharing government-issued identification, can negatively impact users鈥 constitutional rights, privacy, and security.

Previous attempts to protect minors from harmful material online through content restrictions and required age verification鈥攕uch as the and 鈥攈ave largely been ruled unconstitutional by federal courts for being overly broad, restricting freedom of expression, and limiting access to protected speech.4 These new laws are likely to face the same fate, especially as some of the champions of these bills raise concerns about veiled attempts to restrict access to critical, and often politicized, information about gender, sexuality, and reproductive health care.5

Given the outsized impact of age verification requirements and the potential for serious unintended repercussions, it is important for users, lawmakers, regulators, industry, and civil society to understand the recent push toward age verification and its implications for how children and adults use and access content online. This report aims to demystify and clarify key concepts related to online age verification by providing a digestible survey of (1) current terminology and practices; (2) recent state and federal efforts requiring online age verification; (3) legal, technical, and social implementation challenges; (4) social media age-based features; and (5) recommendations for minimizing potential harms of age verification moving forward.

Citations
  1. Rebecca Kern, 鈥淏ig Tech carves loopholes out of state kids鈥 safety laws,鈥 POLITICO, May 18, 2023, .
  2. 鈥淎ge Verification Bill Tracker,鈥 Free Speech Coalition Action Center, 2024, .
  3. Monica Anderson and Michelle Faverio, 鈥81% of U.S. adults 鈥 versus 46% of teens 鈥 favor parental consent for minors to use social media,鈥 Pew Research Center, October 31, 2023, ; Donna St. George, 鈥淪chools sue social media companies over youth mental health crisis,鈥 Washington Post, March 19, 2023, ; Cristiano Lima-Strong and Naomi Nix, 鈥41 states sue Meta, claiming Instagram, Facebook are addictive, harm kids,鈥 Washington Post, October 24, 2023, .
  4. Lee Tien, 鈥淎fter 10 Years, an Infamous Internet-Censorship Act is Finally Dead,鈥 Deeplinks (blog), Electronic Frontier Foundation, January 21, 2009, .
  5. Makena Kelley, 鈥淐hild safety bills are reshaping the internet for everyone,鈥 The Verge, August 29, 2023, .

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