Protecting kids online is a goal everyone shares. Parents want safe digital spaces for their children, lawmakers want to respond to parents’ concerns, and technology companies want to build tools that support families.
But good intentions do not always lead to good policy. Alabama HB161 is a clear example of well-intentioned legislation that would create unintended, unfortunate consequences.
The bill would require app stores to verify the age of every user before allowing access to any part of the store. While it is framed as a child safety measure, laws like this do the opposite. They expand government control, undermine privacy, and create serious constitutional problems without improving parents’ ability to protect their children online. In fact, these bills completely circumvent the tools that apps and websites already are providing to parents.
Under app store age verification laws already passed in other states, every user, including adults, would have to hand over personal information just to access an app store. That means showing identification or other sensitive data simply to download a weather app, a baking app, or a Bible app. This kind of data collection creates new privacy risks for millions of people who have done nothing but download an app onto their personal devices.
For young people, the consequences are even more severe. If a user is under 18, they would be locked out of the mobile app store, and all that it contains, unless a parent completes a verified consent process and links their account to the child’s. Once that happens, parents would be required to approve every single app download and in-app purchase, no matter how wholesome the content. In practice, these laws bar minors from accessing broad categories of lawful online content and place the government squarely between Alabama families and everyday digital life.
These laws also push app developers to rate their products using state-mandated age categories and justify those ratings to the government. That is not child protection. That is government overreach into lawful speech and expression and likely violates the First Amendment.
These constitutional concerns are not just hypothetical. In Texas, a similar app store law has been blocked by a court, which found it is likely unconstitutional under the First Amendment. The Computer & Communications Industry Association sued to stop that Texas law because it violates free speech and privacy rights, and a federal district judge agreed. HB161 raises the same concerns.
Most importantly, app store age verification does not actually help parents. It usurps them. Instead of focusing on legislation that blocks young people from lawful content and restricts how families use everyday technology, lawmakers should focus on educating Alabama parents about the tools that already exist to help keep their children safe online. Alabama families can already set age-appropriate controls, manage screen time, and guide online experiences in ways that reflect their own values. This can all be done without barring all Alabamians from app stores or forcing them to surrender personal data. The best path is to make those tools easier to understand and use, not replacing them with a one-size-fits-all government mandate that shifts decision-making power from parents to the government.
Alabama lawmakers should end the cycle of legislation followed by litigation – they should avoid a policy that has already been rejected or blocked in other states. If the goal is to protect kids online, the solution should be one that empowers parents, respects constitutional boundaries, and avoids creating risks to privacy and free speech.
HB161 fails that test. Alabama can do better by pursuing policies that truly support families without violating fundamental privacy and First Amendment rights.
Tom Mann is the State Policy Manager for the South Region at the Computer & Communications Industry Association.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to [email protected].
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